If you and your partner have irreconcilable differences, legal separation or divorce is often the best way to move forward. To get a divorce in the UK, you must have been married for over a year, and you need to show that your union has broken down irretrievably.
If you are not ready to make this big decision, getting a legal separation will give you and your partner time apart while you sort out your issues. A legal separation is also recommended to couples who have been married for less than a year or have religious reasons against divorce.
What Financial Issues Arise From A Divorce?
Finances are one of the major causes of family disputes, before, after, and during a divorce. If you decide to end your marriage, you’ll have to decide how you want to divide your assets and your debt, if you have any. Non-matrimonial assets such as trusts, gifts, and inheritance remain protected during a divorce, so you don’t have to worry about your spouse getting a share of your family wealth.
If you had signed a prenuptial agreement, it would be enforced during the divorce so long as it was entered freely and does not lead to an unfair outcome for one party. Lastly, after the divorce, the person with the highest income can make maintenance payments to the lower-earning party. This is, however, not mandatory, and is entirely dependent on the circumstances of your divorce.
How Does Divorce Impact Children?
Family dispute resolution is the best way to settle your divorce if you have children because a long divorce process can affect their emotional and mental wellbeing. Married parents have equal rights when it comes to custody, and so it is preferable that you and your spouse agree on the children’s living arrangement outside court. If you cannot reach an agreement, one of you will have to apply to the court for a residence order and let the court decide on the matter
The court will also make a contact order stating how often the non-resident parent sees the children. Child maintenance payments will be paid to the parent looking after the children. Again, it is better off if you and your spouse agree on an amount with the help of expert family dispute solicitors, but the child maintenance service can calculate it for you if you don’t.
How Does Domestic Violence Impact The Outcome Of Divorce Cases?
In cases where domestic violence has been an issue, the court is left responsible for ensuring that children see and know both parents while making sure that they are not at risk of further harm. To do this, the court will call on Cafcass or social services to investigate the matter and carry out risk assessments. Child psychologists and family therapists can also be called upon to help the court find a child-focused solution.
Call Bowsers Solicitors
If you are going through a divorce or separation, contact Bowsers Solicitors to help guide you through and resolve your family disputes. We are experts in family law dispute resolution and are here to support you in the legal process.
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