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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...