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How Soon Can I Divorce After Separation?

How Soon Can I Divorce After Separation?

Legally separating from your partner is an option that many individuals aren’t familiar with. When the end goal is a divorce — is there any point? We look at separation and how it can actually speed up the process of a divorce, leaving you paying less and allowing you to move on with your life. If you’ve been living apart from your ex-partner for some time and have been left asking yourself “how soon can I divorce after separation?”, you’re in the right place. Unfortunately, the answer isn’t always clear. In this post, we talk you through the difference between separation and legal separation, and how having a Separation Agreement in place can actually help you get divorced more quickly and easily later on. Separation and Legal Separation: Is There a Difference? Before we delve into separation agreements and the process of divorce, it’s important to first understand the difference between separation and legal separation. Any individual might separate from their spouse — if you and your ex have mutually agreed that you are no longer a couple, you’ll probably inform your friends and family that you’re now “separated”. If you remain on good terms with your spouse, you’ve likely already decided arrangements between you without involving a solicitor. Consider legal separation as a step between mutual separation and a legally binding divorce. Getting a legal separation isn’t necessary, but it does allow you to agree on issues that could cause a dispute if you do get divorced later down the line, including children, assets or finances. Whether you’re only separating on a trial basis or simply want to...
What Is the Difference Between Separation and Divorce?

What Is the Difference Between Separation and Divorce?

When your relationship with your spouse turns sour, you have two options. Many people are aware of the option to divorce, but do not know that separation is a choice. But what is legal separation and how does it differ to a divorce? When a marriage ends, many couples opt for divorce. A divorce (and the financial arrangements) completely breaks any legal ties between you and your ex-partner — your assets, both financial and personal, are completely split — allowing you both to move on with your lives. However, there’s another option many couples aren’t aware of: separation. But what exactly is the difference between separation and divorce? In this post, we delve into the advantages of each and why you might prefer to opt for one over the other. What Does Separation Mean? When you realise you don’t want to be in a relationship with your spouse any longer and you’re contemplating filing for divorce, it’s likely that you’ll first separate on a trial basis to give each other space to evaluate the situation. It’s difficult to do that when you’re still living as a married couple, where the problems that have caused you to consider getting a divorce are still present. However, during an agreed separation, things can get complicated, especially when children or finances are involved. A legal separation allows you to draft an agreement — called a Separation Agreement — that sets out you and your partner’s right and responsibilities while you are living apart. Despite not living together, you are still legally married. However, if you are planning to one day get a divorce,...
Why Clean Break Orders Are the Best Way to Resolve a Divorce

Why Clean Break Orders Are the Best Way to Resolve a Divorce

There are many aspects of divorce that make it a challenging experience, but one that causes the most upheaval is the dividing of finances and assets. Clean break orders are a way for a divorcing couple to split their marital assets fairly and part ways for good, offering a simpler and more peaceful solution. During a marriage, a couple will accumulate multiple shared bank accounts, possessions, and property. While at the time this may make life a lot easier, enabling you to afford more with two incomes and benefit from tax savings, if one day you end up getting divorced, things can get really messy. When it comes to divorce and money, hostility and court battles are often the order of the day. Both of these should be avoided at all costs. In this post, we’ll discuss the benefits of “clean break orders” and explain why they are the best way for a couple to resolve their divorce quickly and fairly. It Allows You to Completely Cut Ties With Your Ex Clean break orders are a settlement that completely cut your financial ties with your spouse, once either agreed or enforced by a court. This could take the form of splitting any shared funds and selling the family home, with each party receiving a proportion. If you want to cut ties with your former spouse in every way possible, a clean break order is your best option. Assuming no children are involved, you’ll no longer have to see or contact them ever again — if that’s what you want. You’ll Avoid Court Hearings Couples who can agree on the...
Am I Entitled to Spousal Maintenance? Important Things to Know

Am I Entitled to Spousal Maintenance? Important Things to Know

A divorce is, without a doubt, one of the most difficult things a person can endure. While most would be quick to assume that the emotional side of things causes the most trauma, it’s often finances that cause the most amount of stress. Spousal maintenance is a way for people to remain financially stable even after their marriage has ended. Money is not only the number one reason for marriages ending, but it also causes an immense amount of unrest both during and after divorce. The dividing of assets can have a serious impact on your financial stability moving forward. If you’re someone who will find it difficult to support yourself after a divorce, you may be entitled to spousal maintenance. In this post, we’ll take a look at spousal maintenance, paying close attention to what makes you eligible to get it, as well as other reasons that you may need to one. A Clean Break When a marriage ends, all of the shared assets such as money and property need to be divided. At this point, many couples opt for a “clean break”. This is where any financial ties between yourself and your partner are ended so that you can both move on with your own lives without being affected by the other in regards to finances. If you do decide to take the clean break route to settle your divorce and want to ensure that your ex-partner cannot make financial claims against you later, you should ask your family lawyer to draft a court order reflecting the agreement reached between both parties.  If you are concerned about...
What are the Grounds for Divorce in the UK?

What are the Grounds for Divorce in the UK?

A marriage is much more than the union of a loving couple; it’s a legally-binding contract. Therefore, the end of a marriage is more complicated than a breakup as it’s a legal process. The grounds to get a divorce are a specific list of rules and scenarios that much be achieved before you will be able to end your marriage. Although the divorce rate in the UK is lower than it has been since the peak of 2003, it’s safe to say that there’s still a lot of people untying the knot. Every divorce is different. Some are relatively hassle-free and quick, whereas others require multiple court hearings to come to a conclusive end. But before the divorce proceedings can even begin, the law states that a couple needs to fit specific criteria. In this post, we’ll take a look at the grounds for divorce in the UK to give you a clear idea of whether you’re able to apply or not. To successfully apply, you will need to prove that your marriage has broken down. To do so you will need to present evidence that one of the following instances has occurred. Grounds for Divorce in the UK There is only one ground for divorce- that the marriage has irretrievably broken down. This must be evidenced by one of the following facts: Adultery: The UK government recognises adultery in regards to marriage and divorce as having sex with someone of the opposite sex. So, if you can prove that your partner has been unfaithful, you have a valid reason to file for divorce. It should be noted that...
Bespoke Law Services: Why Your Case Needs a Unique Approach

Bespoke Law Services: Why Your Case Needs a Unique Approach

As family lawyers with experience in all aspects of family law, we have dealt with a vast range of situations. From the many cases we have worked on, it’s clear that a creative and varied approach is always best to ensure that we are offering the highest-quality, bespoke law services available. Legal proceedings — especially those involving your immediate family — can be a challenging and life-changing experience. Take divorce, for example. The prospect of changes to your finances, living arrangements and your children’s futures all mean that your choice of divorce solicitor is crucial. While experience and knowledge are vital attributes for your family lawyer to have, it’s also incredibly beneficial to have a legal representative who opts for a unique approach to ensure you get the resolution you’re hoping for. In this post, we’ll take a look at a few of the advantages of doing so. Family Lawyers Who Listen to Your Needs Legal matters can be stressful at the best of times, but when it involves family, the stakes are even higher. It’s for this reason that the first step in our process is to listen to what you have to say. This gives us a clear idea of your current situation and the best possible approach for a successful outcome. We do this by offering a FREE no-obligation consultation. While some family lawyers have a standard process for all clients, we believe that listening to our clients and gaining in-depth knowledge of their issues will help to craft a more efficient service. It also helps us to establish which services they will require over the...
What is a Prenup? 5 Important Things to Know

What is a Prenup? 5 Important Things to Know

Although the divorce rate in the UK has gradually reduced over the last ten years or so, there are still plenty of people untying the knot. A divorce is an unfortunate, difficult, and costly experience — and one of the ways people preempt the expense of their marriage ending is with a prenup. Prenuptial agreements are still a relatively new concept when you consider how long marriage has been around. Therefore it’s always a good idea to get a firm grasp on some of the more important aspects – as well as seeking the advice of a family lawyer — before you go ahead with anything. In this post, we’ll point out a few crucial things to know before you get a prenuptial agreement. 1. What is a Prenup? A prenuptial agreement or ‘prenup’ is an agreement between a couple before their marriage that allows them to plan ahead in case they get divorced. While this may not seem like the most romantic prospect, it can definitely prove to be an asset when it comes to ensuring you both get a fair share while avoiding hostility. A prenup establishes the ownership of assets, money, property, and anything else you may have accumulated as a couple. It then sets out how these things will be divided in the event of your marriage coming to an end. Here at KMJ Solicitors, our family lawyers specialise in creating prenuptial agreements that suit the needs of all involved. We work closely with clients to understand their requirements and concerns, writing up an agreement that guarantees the security of your money and assets in the...
Do I Need a Divorce Solicitor in London?

Do I Need a Divorce Solicitor in London?

Ensuring that you have the best legal assistance during a divorce is essential for a smooth and hassle-free transition back into single life. London divorce solicitors are among the finest in the world and your best bet during this challenging period. There are fewer moments in life that are more poignant and life-changing than a divorce. Due to the emotional strain involved, you can often find yourself absent-minded during a time where there’s much to consider, such as a change of living arrangement and the possibility of financial instability. It’s for this reason that a high-quality family lawyer will prove to be an invaluable resource — and it just so happens that the UK’s capital is home to many of the finest family lawyers in the world, let alone the country. Hiring a Professional Should be Your First Step The legal proceedings of a divorce can be one of the most stressful and emotionally testing times of your life, which is why the support of a professional will benefit you immensely. This will ensure the best possible chance obtaining your fair share of the marital assets and relieve a lot of the stress brought on by confusing paperwork. The expense of hiring a divorce lawyer may tempt people to handle the legal side of things without assistance. Granted, this means you won’t have to pay for the services they provide, but it also means that you won’t benefit from their knowledge. The outcome of your divorce, therefore, could end up costing you a lot more in the grand scheme of things. For the health and finances of so many,...
International Family Law: 3 Things You Must Know About Divorce

International Family Law: 3 Things You Must Know About Divorce

Regular divorces have the potential to be difficult and stressful, to begin with, but international family law comes with additional rules and regulations that can put a few extra spanners in the works. It’s for this reason that working alongside a divorce solicitor who specialises in these types of cases will be vital to ensure the best possible outcome. International family law pertains to the various situations (such as divorce, cohabitation, child law, etc.) that fall under the umbrella of family law, but with the inclusion of a foreign component. Naturally, this will complicate things somewhat as other countries have their own laws, some of which may differ substantially to that of your homeland, making the legal process more complex. Hiring a legal representative, such as a divorce solicitor, is an important first step to ensure you get the best possible resolution. International family law is a specialist skill set that isn’t possessed by all divorce lawyers, but when it comes to cases that involve a foreign element, it’s vital for your choice of solicitor to be adept with these situations. In this post, we’ll take a look at international divorce and highlight a few key aspects that are worth taking note of. 1.  Hire a Divorce Solicitor Immediately When it comes to international family law cases, it’s vital to hire a family lawyer as soon as possible. This will allow you to get the ball rolling as soon as possible, which will prove to be crucial if you have foreign policies to navigate and account for. Communication with your partner will be crucial to ensure that you both...
Should I See a Solicitor Before Signing a Prenuptial Agreement?

Should I See a Solicitor Before Signing a Prenuptial Agreement?

The answer is, yes.  If you do not seek legal advice, there is a chance that the prenuptial agreement (or prenup) will not be valid. In the UK, pre-nuptial agreements are not yet legally binding or completely enforceable. However, since 2010 (following the widely-reported case of Radmacher v Granatino, where the prenup was upheld), the family courts have attributed more significance to the existence of a prenup when considering how the assets of divorcing parties’ should be divided between them. The decision of how much weight a prenup is given, if any, is determined by the court, taking its existence into account as one relevant factor of the case. Over the last decade, people have become increasingly commercially ambitious and there has been a more prominent focus on wealth management. Thus, more couples seek to protect their assets with the help of a prenup. The Law Commission recognised these changes and issued the following, helpful guidance on how to give prenups the best chance of being upheld upon divorce:    The agreement must be entered into by both parties freely and of their own will (and not under duress or under any sort of misrepresentation);    Both parties must have received, full disclosure about the other party’s financial situation before signing the document;    The agreement must be a formal Deed and must contain a Statement of Truth, signed by both parties recognising that the agreement is a qualifying nuptial agreement and stating that the disclosure given is honest and full disclosure;    The agreement must be entered into more than 28 days before the date of the wedding or civil partnership;    Both...