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What Is the Law for Divorce in England and Wales?

What Is the Law for Divorce in England and Wales?

Every country is different and, therefore, has its own laws when it comes to legal proceedings such as divorce. In this post, we’ll discuss the laws and requirements for getting a divorce in England and Wales. Although a large percentage of couples enjoy long and happy marriages, there are still many who opt for divorce. A marriage is a legally binding contract, which means it can’t simply be dissolved as soon as a relationship breaks down. To successfully file for divorce, there are certain requirements that need to be met: some require a minimum period of separation, while others can lead to an immediate divorce. Below, we provide all the need-to-know information about getting a divorce in England and Wales. Check if You Can Get a Divorce First of all, you will need to establish whether or not you can apply to get a divorce. To do so, you will need to meet the following requirements:   You can get a divorce in England or Wales if the marriage has lasted for at least a year and your relationship has completely broken down, with no chance of reconciliation. Your marriage must be legally recognised in the UK, which includes same-sex marriages. You must also have a permanent residence in England or Wales. If you don’t want to get a divorce, but you do want to end the relationship, you can opt for a legal separation, which allows you to go your separate ways, but remain married. This is often done for religious reasons because a couple wants to trial a separation, or to maintain pension programmes. You may also...
What Is a Decree of Judicial Separation?

What Is a Decree of Judicial Separation?

When a marriage breaks down, most people will opt for divorce, but there are also those who want to remain married, for one reason or another. This can be achieved with a decree of judicial separation. A divorce is, without a doubt, one of the most stressful and complicated situations a person can ever experience. While the end of a relationship is difficult to handle from an emotional standpoint, it’s often the legal and financial aspects that cause the most problems. The difference between a divorce and a legal separation is that, although you and your spouse will no longer be a couple, in the eyes of the law, you will still be married. In this post, we’ll explain what a decree of judicial separation is and how it can benefit couples considering a divorce. The Purpose of a Decree of Judicial Separation Much like a divorce, a decree of judicial separation is a court order, however, legally separated couples will still be married. In judicial separation cases, the court has the same range of powers as it does in divorce cases in terms of dividing the marital assets and arranging child custody and maintenance. A decree of judicial separation also allows you and your spouse to set out each of your rights and responsibilities while living apart. If you are planning to get a divorce following a period of separation — or you have no intention of divorcing, but later change your mind — having a legal agreement in place can make proceedings a lot easier when it comes to dividing finances and property, and determining who your...
A Guide to Divorce Where Domestic Abuse Is Present

A Guide to Divorce Where Domestic Abuse Is Present

No matter how much a marriage has broken down, there’s never an excuse for domestic abuse of any kind. Unfortunately, it’s something that occurs far too often within marriages. In this post, we’ll provide a guide to divorce where domestic violence is present. If you have experienced domestic abuse at the hands of your spouse, it’s not only a sign that your marriage is toxic, but by not acting, you also put yourself (and your children) at risk of suffering further abuse. Fear is a tool that abusers use to control their victims, which is why many people remain in abusive relationships. The only way to permanently distance yourself from an abusive partner is to divorce them and seek further legal action. Below, we’ll discuss domestic abuse and the options available to those looking to escape a violent marriage. Prioritise Safety above All Else Before we discuss the divorce process, the first and most important thing to consider is the safety of you and your children. Protecting yourself is vital at all times and, to do so, your best option is to contact the police. If your partner is arrested for domestic abuse but refuses to leave the family home, it’s essential to find alternative accommodation until the matter is resolved. The police will also provide you with a crime number, which will be vital if you need to prove to the courts that your partner has been abusive. The police may implement a bail condition that prevents your partner from staying at the family home, although this will usually be a short-term solution. If you don’t have any...
Can Divorce Be Good for Your Health and Well-Being?

Can Divorce Be Good for Your Health and Well-Being?

For many people, a divorce is one of the most stressful and challenging situations they will experience, so it’s difficult to imagine that for others it can be very positive. But in what ways can divorce be good for you? The breakdown and subsequent end of a marriage can be sad and difficult to handle, but this isn’t always the case. For some people, the end of their marriage — despite the initial upset of their relationship ending and the stress of dividing assets — can prove to be very beneficial for their mental health and well-being. In this post, we’ll discuss the positive effects of divorce on health. Escaping a Toxic Relationship Divorce happens when a marriage has broken down to the point where it can’t be saved and, in many cases, it’s because the relationship has become hostile, abusive or toxic for one or both parties. In these situations, a divorce provides an individual with an escape and the opportunity to start over again. A stressful or abusive relationship can severely impact your mental health, as well as your overall well-being. Intense stress or abuse can not only cause psychological issues, such as depression and insomnia, but it can also lead to physical problems, such as heart conditions and high blood pressure. Leaving a bad relationship behind and putting yourself in a happier, less stressful place — both mentally and physically — will benefit your mind and body. More Time to Concentrate on Yourself Although you may have children and, of course, they will always be your top priority, getting a divorce gives you the chance to...
Trial Separations: Do They Work in the Long Run?

Trial Separations: Do They Work in the Long Run?

When a marriage breaks down or a couple experiences serious marital issues, a decision has to be made about the future of their relationship. While most people either attempt to work things out or get a divorce, others opt for a temporary legal separation in an attempt to save their marriage, but do they work in the long run? A divorce is a tough experience for even the most resilient and strong-minded of people, so it’s no surprise that many couples do everything they can to avoid going through. Especially if there is a possibility of saving the relationship, therefore preventing the heartache of breaking up a family and the various expenses of divorce. In this post, we’ll take a closer look at trial separations and discuss whether or not they can work for couples in the long run. What is a Legal Separation? A legal separation is where you draft a ‘Separation Agreement’, which sets out you and your spouse’s rights and responsibilities while you are living apart. Although you will no longer be living together, you will still be legally married. If you do eventually get a divorce, having a separation agreement in place will help with certain aspects such as dividing assets. A separation agreement is particularly beneficial if you and your partner are attempting a trial separation, and want to establish both of your obligations going forward. It will also help with decisions about which parent children will live with, as well as how assets such as shared finances and property are dealt with during the trial period. Benefits of Trial Separations You’ll Have Space...
5 Signs that it’s Time to Get a Legal Separation

5 Signs that it’s Time to Get a Legal Separation

When a marriage breaks down it can be difficult for a couple to accept, which is why many people stay together even if they haven’t been happy for a long time. It’s for this reason that being able to recognise that it’s time to separate is so essential for you and your partner’s well-being. A divorce or separation is a challenging experience for anyone to endure, so it’s safe to say that it’s one of the more significant decisions that you will make in your life. While there are plenty of people whose marriages end in divorce, many others stay in unhappy relationships because they are either reluctant to break up or fail to spot the signs that it’s time to get a legal separation. In this post, we’ll take a look at a few of the common reasons for divorce and also some of the signs that your marriage could be breaking down. 1. You Feel that a Trial Separation Could Save Your Marriage For the majority of cases, a period of legal separation is required — two years with consent, five years without it — before a couple can finalise a divorce. While this may seem like a long time, a trial legal separation does benefit people massively as it allows them to prepare themselves for life after divorce. Although some couples may decide to get a divorce once the separation period is over, for others it may just be the decision that saves your marriage. If you feel that taking a break from the confines of your marriage and having the opportunity to miss each other...
Tips for Arranging Money and Property When a Relationship Ends

Tips for Arranging Money and Property When a Relationship Ends

Among the many, many life experiences a person can go through a serious breakup has to be one of the most challenging. Not only is there the emotional turmoil, but decisions about money and property when a relationship ends can prove to be particularly challenging. Some couples have no ties to each other in regards to assets and therefore can go their separate ways with no problems, whereas others have shared funds or a property to arrange following their breakup. While there’s no doubt that a breakup is a lot less complicated than a divorce, you’ll find that you have fewer legal rights than a married couple. In this post, we’ll discuss the various important aspects of money and property when a relationship ends, and how to resolve the issue as efficiently as possible. Agreeing on Finances Unfortunately, negotiating and organising the division of your finances will take some time. The first thing you need to do is make a list of any shared funds such as bank accounts or savings, possessions, and also any debt or bills. Doing so will help you to establish exactly what needs to be divided and dealt with so that both parties are satisfied. For possessions, it may be a case of one person reimbursing the other for their half or simply selling the items for a 50/50 split. When it comes to bills, transferring the account and payment should be pretty straightforward if it’s you that’s leaving the property. The same goes for house or car insurance if your ex is on your policy, contacting the company and asking them to remove...
Legal Separation or Divorce: Which is Better Financially?

Legal Separation or Divorce: Which is Better Financially?

Aside from the emotional trauma involved with the break down of a marriage, the most difficult aspect tends to be how it impacts your finances. Legal separations and divorce both have their individual benefits, but which is better financially? A recent study has shown that the number-one cause for stress among millennials is money, but this in no way is a new concern. For generations, financial issues have plagued the everyday lives, careers, and mental health of a vast range of people. A divorce is tough to handle for many reasons, but it’s money that can prove to be an issue both in the short and long-term. While divorce is the natural next step for many married couples who break up, legal separation is another option that can be appealing. In this post, we’ll discuss both choices and highlight some of the financial benefits they provide. Pros and Cons of a Legal Separation Pros No Division of Assets: A married couple accumulate a wide range of assets over the course of their relationship. All of which will need to be divided in the event of a divorce. A separation agreement means that you will technically still be married, and therefore have plenty of time to make vital financial decisions. Flexibility: The agreement also means that you have more flexibility in regards to how assets are divided, which may well prevent much of the hostility and bitterness that tends to come with divorce proceedings. Tax Benefits: Filing a joint return allows you to claim two personal exemptions on the tax return rather than one exemption allowed as a single individual....
What are the Advantages of a Separation Agreement?

What are the Advantages of a Separation Agreement?

Getting a divorce isn’t always the best solution for couples and, in some cases, isn’t possible. A Separation Agreement is an alternative that allows you and your spouse to split your assets and go your separate ways, while still being married. But what are the advantages to drafting a separation agreement and why should you opt for one over a divorce? A divorce can be a stressful time, even when it’s amicable. Couples face the task of fairly dividing any matrimonial assets they’ve accumulated during their time together, such as the family home, joint bank accounts and pensions. Needless to say, if one party doesn’t agree on how these things should be split, it can make the process even more time-consuming, costly and arduous. A separation agreement may be the solution. In this blog post, we look at what a separation agreement is, what its benefits are and in what situations opting for one might make more sense than getting a divorce. What Is a Separation Agreement? A separation agreement is a document that outlines you and your spouse’s obligations to each other during your separation. In this case, a legal separation means you and your partner are separated in the eyes of the law, rather than simply splitting up and still having legal obligations to each other as husband and wife. Drawing up a separation agreement offers you a degree of protection as, while they aren’t legally binding, they can be persuasive in court, should any disputes ever arise of finances, children or during actual divorce proceedings in the future. It’s really down to the couple which obligations...
What Are My Rights to Property after Separation?

What Are My Rights to Property after Separation?

Separation — whether you opt for a separation agreement or a divorce — can be an emotional time. On top of this, couples need to decide how to split their assets, including money and the marital home. But what are your rights to property after a separation? Deciding who gets the marital home can be difficult to agree on, especially if there are children involved or your name isn’t on the mortgage or rent payments. The matter of rights to property is equally as complicated if a couple isn’t married — if you’ve been in a relationship and lived with your partner for several years, contributing to bills and making payments, do you have any rights to the home when you split? This blog post delves into everything you need to know about your rights to property after separation. Rights to Property after Separation: When You’re Married and Getting a Divorce The benefit of getting married is that, in the event of a divorce or separation, you are entitled to a share of the property. Marriage entitles both parties to certain assets and many couples acquire several joint assets over the lifetime of a relationship. This includes the marital home, but also extends to joint bank accounts and pension contributions. The crucial point regarding property is that both parties do not have to legally own it to have a legal right to the property after separation. If, for example, your spouse’s name is on the mortgage and you simply contribute to bills, you still possess rights in the eyes of the law. In this case, you can register your...