Why A Lot Of Couples Decide On Separation

Posted on June 19, 2013 by Matt

Whenever a spousal relationship appears like it’s gone as far as it can, a good number of people’s thoughts may turn to divorce. Then again, it can quite often be a good option to look at separating for a short time before going forward with a divorce process. For those considering divorce, below are a few reasons why Separation may be a better option.

Finances – Any time partners are married they will often share various financial advantages, like private health care, pension benefits, or tax allowances. If perhaps they got divorced, it’s possible that one spouse might lose a number of, or maybe all of these benefits, so agreeing to a separation instead is going to be a more suitable option for these people.

Religion – When most people get married, they appreciate that it’s a partnership supposed to last for the rest of their lives, and while divorce is rather commonly accepted, some faiths discourage, or don’t acknowledge the dissolution of marriage. For that reason, numerous married couples may well decide upon an agreed separation over an official divorce procedure.

Reconciliation – A further common reason why some husbands and wives decide upon separation instead of starting divorce proceedings, is that they think there is potential for a reconciliation. Separating on this basis gives the husband and wife the opportunity to take a bit of time, assess the relationship, and potentially get back together with a restored perspective which will help make the relationship work.

Grounds for Divorce – Two of the reasons for divorce involve separation for time periods of 2 years, when the husband and wife happen to be in agreement concerning the divorce, or 5 years, where one spouse isn’t going to agree and so the divorce is going to be contested. When there are actually no other grounds for divorce, separation may be the only way for one or both partners to obtain a divorce.

Husbands and wives that choose to separate instead of, or prior to, getting a divorce, might want to think about creating some sort of Separation Arrangement that sets out their individual responsibilities for the different aspects of their mutual finances, together with arrangements for such things as custody (residence) and also support (maintenance). This is known as a Deed of Separation, and whilst it will be drawn up without the involvement of the court and isn’t legally binding in the event of an upcoming divorce, it might help spouses who will ultimately get divorced deal with many of the issues they’ll have to deal with.

In situations where the husband and wife desire a more official separation agreement, a Judicial Separation will involve the court officially acknowledging the husband and wife’s separation and their settlement on affairs concerning their children as well as their finances.

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The Basic Principles Of Divorce

Posted on June 17, 2013 by Matt

Getting a divorce can be a big step therefore you need to appreciate what’s involved prior to starting the process. To do this you will need professional expert help and advice and our Leeds Family Solicitors are going to be glad to offer you everything you will need to decide if divorce is going to be the right solution. For now here’s some more background about what to expect when you are looking to get divorced.

Grounds For Divorce
Whilst the majority of people may assume that anyone that is married can obtain divorced, across England and Wales there are a number of requirements that will have to be met. For starters, you have to have been married for longer than 12 months, and then you must show that your relationship has failed for one of the following reasons:

  • Desertion
  • Unreasonable behaviour
  • Separation for 2 years
  • Separation for 5 years
  • Adultery

Time-Scales
Just as each relationship is unique, so is every divorce. Sometimes it can be a fairly amicable situation, while in other situations there could be a lot of bitterness amongst the two individuals. The mindset of the husband and wife getting divorced will have a significant impact on how long the process is going to take. The parties who enter proceedings with an attitude of co-operation and open negotiation might reasonably expect the Decree Absolute to be awarded within a few months. Those that encounter problems which they are not able to agree on might have to wait several years for their divorce to become final.

Divorce Costs
In addition to the normal court fees the cost of your divorce case will vary according to the solicitor you choose to handle your case, the difficulty of your case and the amount of time it takes to resolve it. Not all divorce lawyers are the same and simply because one may perhaps cost less than another doesn’t mean they would be the better option. Deciding on a cheaper solicitor could mean that you are employing someone with less experience of handling your particular circumstances.

Alternatives To Divorce
Regardless of the motivation, Separation is an alternative to divorce, and where a husband and wife only need to be living apart to be regarded as ‘separated’. You can formalise this separation, rather than getting divorced, and even when this isn’t necessary, there could be a number of issues which need to be outlined in some kind of separation agreement.

If you are looking at getting a divorce or attempting to resolve a Family Law problem, our Family Law Solicitors Leeds office can offer you a choice of solutions and look to work within whatever budget you’ve got.

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Getting Divorced in England and Wales

Posted on June 15, 2013 by Matt

When two people get married, it’s normally expected that they will stay together for the rest of their lives. However, even though the rate of divorces in the UK may be falling, it’s still a sorry fact that over 1/3 of marriages will end in divorce. If this is a situation you find yourself in, here’s some information which may be useful.

If you want to obtain a divorce, there are a couple of criteria you first need to satisfy before you can submit your Divorce Petition. First of all, you will need to have been married for at least 1 year. Secondly, you need to be able to show that the marriage has irretrievably broken down. This is the only reason for divorce in England and Wales, and there are a number of possible grounds for this break down.

Adultery – If your partner admits being unfaithful, or you are able to prove it, then you should have grounds for a divorce. While you do not necessarily need to move out of the marital home in order to submit the Divorce Petition, it will need to be submitted within 6 months of finding out about the affair if you are using it as a reason for the divorce.

Unreasonable Behaviour – This can cover a wide range of issues in the marriage, and not all of them as serious as you might think. If you can’t reasonably be expected to continue living with your spouse for some particular reason, you should be able to submit a Divorce Petition. This is probably the most commonly cited reason for divorce in England and Wales.

Desertion – When your partner leaves you for a period of 2 years or more without your consent, this is classed as Desertion, and is another reason for seeking a divorce.

Separation – If you and your spouse have lived separately for a certain period of time, this would be another reason for petitioning for a divorce. The time period varies, depending on whether you both agree to the divorce. If you do, and have lived separately for a period of 2 years or more, you should have grounds for a divorce. If one partner doesn’t agree to the divorce, this time period has to be 5 years.

Despite the fact you feel as though your marriage might be over, divorce isn’t your only option. There are lots of excellent counselling options in the Leeds and West Yorkshire area, that have helped a large number of couples work out their differences and get back on track. Alternatively, you may decide to consider a trial separation, to gain a fresh perspective on the relationship, and whether or not it can be fixed.

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Separation Instead of Divorce – Video

Posted on June 13, 2013 by Matt

If a marriage comes to an end, the couple might logically think that the best thing they can do is get divorced – but that isn’t always the case. Often, even though it might not feel like it at the time, the marriage might be salvageable under the right set of circumstances. In these situations, separation might actually be a better idea. There are also a number of other situations when separation might be preferable to divorce.

If you are unsure whether separation or divorce is going to be the best course of action for you and your partner, it’s always a good idea to get professional advice from an expert Family Law Solicitor.

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Understanding How To Cope With Family Issues Like Divorce

Posted on June 11, 2013 by Matt

Anytime two individuals get married, they and their loved ones hope that it will be a union which lasts for the rest of their lives. However, the sad fact is that, even though the divorce rate has decreased in the past few years, around 30% of relationships don’t make it.

The vast majority of marriages encounter problems at some point, and the majority of married couples will do anything and everything they can to resolve these problems and therefore stay together. However, anytime that’s just not possible, the only sensible solution left might be to seek a divorce.

In spite of the fact that wedding days are filled with the thought of love and romance, any time two individuals get married it’s a legal arrangement. As a result, when they choose to dissolve the marital relationship, there can be a lot of legal affairs that will have to be resolved before they’re able to go their individual ways.

The couple will need to determine how they’re going to share the property and assets they have accumulated, and also any kind of debts they’ve accrued. One of the individuals might be entitled to spousal support, or alimony, and although this is usually provided by the former husband, that isn’t always the case – and occasionally it may not be relevant at all

Together with all of the financial matters, one other thing which can really complicate a separation and divorce process, from a legal as well as emotional standpoint, is if there will be kids involved. The issue of custody will have to be decided, and then the mother or father who does not have primary custody of the children, will most likely need to provide child support.

The vast majority of of the matters involved in a divorce process can be rather problematic, and tough to deal with effectively if you’re unfamiliar with the law. To make sure that you are treated fairly in any sort of divorce process, no matter how amicable or straightforward it may seem, it is best to seek advice from an experienced family law solicitor.

Thankfully, the majority of divorcing couples can work together to come to an agreement that is ideal for both of them, and also any kids involved, and a family law solicitor is going to be capable of making sure the process goes smoothly. Having said that, on the few occasions where there is an argument regarding one or more of the conditions relating to a divorce process, it is going to be essential that you have the assistance of a good family law solicitor, to ensure that your rights are properly represented.

The decrease in the separation and divorce rate is good news for husbands and wives everywhere, having said that, if perhaps you live in Leeds and require help with family law leeds, get in touch with divorce solicitors in leeds to ensure you get the legal advice you need.

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Divorce Due to Infidelity

Posted on June 5, 2013 by Matt

There are a number of the grounds for obtaining a divorce in England and Wales, one of which is Infidelity. You need to be able to prove that your partner has been unfaithful, or they have to admit to having had an affair, in order for you to be able to use this as grounds for your divorce. Our Divorce Solicitors Leeds office will be able to advise you of the best way to proceed if you are considering a divorce on the grounds of Infidelity.

While in most cases you will probably want to move out of the home you share with your partner, while the matter of divorce is resolved, this isn’t necessary. You will however need to submit the Divorce Petition within 6 months of having found out about the affair in order for your divorce to be considered on the grounds of Infidelity – whether or not you are still living in the same house as your partner.

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Things to Consider When Getting Divorced

Posted on June 3, 2013 by Matt

A divorce is a difficult situation for anyone to handle. There are a number of things that will need to be decided, and any of these decisions could have a large impact on your future. Because of this it is important to make the right choice from the start.

Are You Sure?
 Clearly, the first thing that you need to consider when you are thinking about a divorce is whether it’s definitely what you want. You should take some time to really consider the reasons why you think divorce is your only option. This will allow you to look at the issues and see if there are other ways you might be able to resolve the issues within your marriage.

Many people have found that counseling can be an effective way to help prevent a divorce. If you think your marriage could be saved with better communication between you and your spouse, this is something you should consider.

Other couples agree to a trial separation before proceeding with the divorce process. This allows both parties the time and space to re-evaluate their feelings and decide on the best course of action.

The process of getting a divorce is final. You should take every step possible to see if there are other ways you and your spouse can stay together and both be happy.

Whether to Hire a Solicitor
 Once you choose to proceed with a divorce, the first decision that you have to make is whether to hire a solicitor. In most cases, you should at the very least consult with a solicitor and get their advice, which should allow you to decide how much professional help you are going to need.

Even though it might be possible for you to manage the divorce process yourself, it can be a complicated legal process. Because of that, it’s a good idea to have a suitably experienced legal professional on your side, to ensure that everything is dealt with appropriately.

Hiring a solicitor is also a good idea because it will provide you with an objective point of view that has your best interests in mind. Getting a divorce is emotional and it is very easy to make decisions based on those emotions. A solicitor will safeguard your rights, and help make sure your heart doesn’t rule your head.

Whether to Use the Collaborative Divorce Process
 When you are 100% sure that you want a divorce and you’ve hired a solicitor, they might then recommend that you consider a collaborative divorce process. Divorce cases that end up in court can be acrimonious and drag on for a very long time. This also means that your final bill from your solicitor will continue to grow as well.

Collaborative divorce involves you, your spouse, and your legal representatives coming to an arrangement over the course of several face to face meetings, with everyone committed to making sure an agreement is reached without having to involve the courts.

If you think that both you and your spouse are determined to dissolve your marriage amicably, and you are both genuinely interested in reaching a fair agreement, this type of process may be something you should consider.

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The Acknowledgement of Service

Posted on May 28, 2013 by Matt

Once you have drawn up and submitted the Divorce Petition, you will need to wait for a response from your partner, to see whether or not the divorce is going to be contested. If your spouse is going to agree to a divorce, it will hopefully be possible to move things forward quite quickly. However, if your partner is going to contest the divorce, our Family Solicitors Leeds office will be able to advise you of what you need to do next.

Everything depends on the Acknowledgement of Service your partner submits after they have received their copy of the Divorce Petition. In this they will state whether they are planning to challenge the divorce. If they are, they will also have to complete and submit another document, called an Answer, to outline why they are challenging your Divorce Petition. Your partner, the respondent, has a limited time to complete and return these form to the court so the process doesn’t grind to a halt.

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Petitioning for a Divorce

Posted on May 26, 2013 by Matt

When it comes to petitioning for a divorce in England and Wales, the various steps of the process are clearly laid out. Our Family Law Solicitors Leeds office will be able to advise you about what you need to do, and help you take the first steps towards dissolving your marriage.

The first thing you will need to do is submit your Divorce Petition. This outlines to the court the reasons why you think you should be granted a divorce, and also provides information on any suggested maintenance arrangement, as well as who you are proposing will pay the costs associated with the divorce.

If there are any children involved in the marriage, you will also need to submit a Statement of Arrangements along with the Divorce Petition. This outlines your proposed arrangements for what till happen to the children after the divorce has been finalised – including where they will live as well as what financial support will be needed.

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The First Steps of a Divorce

Posted on May 24, 2013 by Matt

Across England and Wales, the actual process of getting divorced is fairly straightforward. What complicates things, and often makes a divorce difficult for everyone concerned, is the range of matters that need to be resolved, as well as the attitudes of the couple. Our Family Solicitors Leeds office can help to make the whole process run more smoothly, but whether or not they are successful depends on the people who are getting divorced. In order to make sure your divorce has the best chance of proceeding with as few problems as possible, it’s important to get of to the right start.

Even though this is not an element of the official process, it is crucial you get expert help and advice at the earliest opportunity. Divorce happens to be a legal process, and for anybody not really acquainted with what’s involved, it may be a hard process – no matter how friendly it might all seem in the beginning. Discussing your situation with a Family Law Solicitor is the best way to understand all of your options so it is possible to decide what you would like to do.

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