Q: I’ve heard the divorce forms are now more “user friendly”, so why should I use a solicitor instead of doing the divorce myself?
A: Although the court forms have recently changed there are still many pitfalls and easy mistakes that can be made by those inexperienced in completing divorce petitions
Q: Such as?
A: For example, there are five facts you can rely on to get your divorce. No solicitor would ever advise you to use desertion, unless there were really exceptional circumstances, as it is a very technical legal definition, but the number of people using desertion as a result for the breakdown of the marriage has increased by a third.
Q: Why is that a problem?
A: What most people don’t realise is that after preparing a divorce petition, when it comes to applying for your decree nisi – the interim stage of divorce – you must confirm the facts in…
You may recently have seen in the news a case involving a woman who had been married to her husband for thirty-nine years. Mrs Owens had decided to divorce Mr Owens on grounds of his unreasonable behaviour and made twenty-seven allegations of his treatment of her including how she felt he “constantly mistrusted her” and was “insensitive” to her. Her husband decided to defend the divorce saying that he did not believe that the marriage had irretrievably broken down.
It is important to remember that there is only one ground to end a marriage or civil partnership in other words…
The wedding season is nearly upon us but these days many more couples decide to cohabit rather than tying the knot. However, it is important to know that being unmarried can create a financial disadvantage should the relationship fail in the future.
In the eyes of the law, there is no such thing as a common-law husband or wife. If you are not married you cannot necessarily claim a share of your partner’s income, capital or pension upon separation, no matter how long you have been together or how many children you may have between you.
If your partner passes away…
Many marriages end in divorce, especially during the new year, and it can be a real concern when one or both spouses own a business.
If you or your spouse own a business or if you started one together, it may be your marriage’s most valuable asset.
Your primary activity should be to identify a legal firm with successful experience of combining divorce with company and commercial law. The divorce process can be a tricky path to navigate, especially when a business is involved, so enlist the services of a firm that has one eye on the best interests of your…
The importance of a correctly drafted divorce petition only becomes apparent when divorce proceedings are delayed because the wrong or insufficient information has been provided to the court.
Some people think that they could manage to prepare their own divorce petition – it is a simple legal document after all, but it contains many pitfalls that the inexperienced would not necessarily notice.
Firstly the divorce petition must exactly mirror the information contained on the marriage certificate and the original certificate must be provided to the court along with the divorce papers.
The statement of case within the divorce petition is very important…
Every marriage is different, and there is no strict formula for dividing matrimonial assets on divorce.
We often get asked by clients how will the court decide who gets what and whilst we do not have a crystal ball, if we apply the principles that the Court will follow, it is possible to give some guidance.
The court must take into account, first and foremost, the welfare of any dependant children – where they are to live and how they are to be supported.
Secondly, whether the case is suitable for a clean break – in other words can the husband and…