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- 4 October 2024 at 15:43
- in reply to: Divorce after 5 years
Hello! Thank you for reaching out. You can indeed get a divorce under the new no-fault divorce law, which simplifies the process significantly. Since the introduction of this law, you no longer need to give specific grounds for divorce such as behaviour or adultery or prove a period of separation.Here’s what you need to know:
– You can petition for a divorce after being married for at least 12 months and 1 day,
– You simply need to declare that your marriage has irretrievably broken down.
– The process involves a minimum 20-week reflection period, followed by a 6-week cooling-off period before the court grants a final order to formally end the marriage.Our Online Divorce Service
Given that both you and your ex are in agreement, this should make the process smoother. Our Managed Online Divorce Service can handle everything for you for a fixed fee of £249, including VAT. This service ensures that the entire process is managed online, making it hassle-free and cost-effective. You won’t need to deal with any forms or have to deal with the court service as this is all handled for you by our divorce specialists.
If you need more information or wish to proceed, please visit our Divorce Services page. If you have any further questions or need assistance, feel free to call us at 01793 384029 or request a callback.
Best wishes with your new chapter!
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This reply was modified 1 week, 6 days ago by
Mark Keenan.
- 18 March 2024 at 15:05
- in reply to: Can I change the locks if we separate
Hi SimonPeople who are married or in a civil partnership are not allowed to change the locks on their family home, if it has been, the main matrimonial home during the marriage or civil partnership. This is the case whether only one or both of you own or rent the home.
In these circumstances, neither party has the right to change of locks. You both have a legal right to be in the home and neither of you can exclude the other unless you have been to court and obtained a court order.
If one of you leaves the home of your own choice, the other partner still cannot change the locks until an agreement has been reached on the future of the home.
If you and your spouse or civil partner have agreed that one of you will move out temporarily until a more long-term solution has been reached, it’s also best to agree when they can enter the home, for example, to collect belongings.
If the other partner or spouse changes the locks without your agreement, you will be able to get a court order to provide you with a copy of the key.
- 18 March 2024 at 14:26
- in reply to: My fiancee needs advice for our prenup
Hi there sillybilly5Your solicitors are correct, for a pre-nuptial agreement to have legal weight, both parties need to have had independent legal advice and this needs to be documented, usually in the form of a legal advice certificate signed by the solicitors ( or barristers).
We have a pre-nuptial advice review service for £399 ( incl vat) which may be of help. This is staffed by experienced and qualified lawyers, so will be able to issue the certificate your fiancee needs. It sounds like this is going to be a better quote than you have already, but please feel free to shop around. This can be done over the phone or via video conferencing such as Zoom etc.
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This reply was modified 4 months ago by
Mark Keenan.
- 18 March 2024 at 14:12
- in reply to: How can I get a cheap divorce
Hi, Libby Going through a divorce and feeling overwhelmed about sorting out the finances? Don’t worry, you’re not alone! It’s crucial to have a legally binding agreement that protects both you and your ex-partner, ensuring financial peace of mind for the future.
What is a Consent Order?
A Consent Order is a legally binding financial agreement that sets out how your assets will be divided after your divorce. This includes things like property, savings, pensions, and any other joint finances. It provides clarity and security, preventing either party from making future financial claims against the other.
How can Divorce-Online help?
Divorce-Online offers a comprehensive divorce and Consent Order package that makes the entire process straightforward and affordable. Here’s what you get:
- Complete divorce service: We handle all the paperwork and legal procedures to ensure a smooth and stress-free divorce.
- Financial settlement: Our expert team will help you draft a fair and legally sound Consent Order that reflects your needs and protects your financial future.
- Peace of mind: With a Consent Order in place, you can move forward with confidence, knowing that your financial matters are settled for good.
Affordable and Convenient:
- Package price: £649 (including VAT)
- Court fees: £593 for divorce + £53 for financial order (waivers may apply)
- Payment options: We offer PayPal Credit for eligible customers.
Find out more:
- Check if you qualify for reduced court fees: Court fee eligibility checker
- Visit Divorce-Online: Divorce-Online
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This reply was modified 1 week, 6 days ago by
Mark Keenan.
- 8 February 2024 at 14:20
- in reply to: Gambling losses
In divorce proceedings, the court considers the financial resources and conduct of both parties when deciding on a financial settlement. Gambling losses can potentially be a factor in the settlement, but the impact they have will depend on the specific circumstances of the case.
Here’s how gambling losses might be considered:
- If one party has gambled away a substantial amount of the marital assets, the court may consider this as ‘dissipation of assets’ or ‘financial misconduct’. If it is clear that the gambling was reckless and resulted in a significant reduction of the marital pot, the court may decide to award a larger share of the remaining assets to the non-gambling spouse.
- The timing of the gambling losses can be relevant. If the losses occurred long before the separation or divorce proceedings, they might be less likely to be considered by the court. However, if the losses are recent and appear to be an attempt to reduce the assets available for division, the court may take them more seriously.
- The court will look at whether the gambling was an occasional activity or a consistent pattern that affected the couple’s financial stability. The extent of the losses concerning the overall marital assets will also be a factor.
- Intent: If the court believes that the gambling was done with the intent to reduce the assets available for the settlement, this could influence the court’s decision. Conversely, if gambling is seen as an addiction or illness, the court may be more sympathetic, although this does not guarantee that the losses will be ‘reimbursed’ by a larger settlement.
- Needs and Welfare of Children: The primary concern of the court is the welfare of any children involved. The impact of gambling losses on the children’s living standards and future needs will be a significant consideration.
- Full and frank disclosure of financial circumstances, including gambling losses, is required in divorce proceedings. If a party tries to hide or lie about gambling losses, this dishonesty could negatively impact their case.
- Overall Fairness: The court’s ultimate goal is to reach a settlement that is fair to both parties, considering their conduct, needs, and contributions to the marriage. The court has wide discretion in achieving what it considers to be a fair outcome.
It’s important to note that financial settlements are complex and the court’s approach to gambling losses—as with any marital conduct—will vary from case to case
- 8 February 2024 at 14:18
- in reply to: Matrimonial home
One spouse could buy the other out and keep the house or the property could be sold and the proceeds divided to enable each of them to move on whether into another owned home or rented property.
Of course, the family home in any divorce will need to be valued, and a mortgage balance obtained from your lender to work out what the equity will be for distribution or for the remaining spouse to be able to raise the cash or finance to buy the other spouse out of the property.
- 8 February 2024 at 14:16
- in reply to: Cash or pension
Choosing between cash and pension in a divorce settlement is a complex decision with significant long-term financial implications. Here’s a breakdown of factors to consider:**1. Understand Your Options**
* **Pension Sharing:** A court order that splits the pension fund at the time of divorce, giving each party their own independent pension pot.
* **Pension Offsetting:** The value of the pension is offset against other assets, such as the family home. One party keeps the pension, the other receives a greater share of other assets.
* **Pension Attachment (Earmarking):** A portion of the pension is paid to the ex-spouse when the pension holder starts to draw benefits. Less common now due to complexities.**2. Factors to Consider**
* **Value of the Pension:** Get an accurate valuation of the pension(s). Defined benefit (final salary) pensions require specialist valuation.
* **Your Age and Health:** Consider your life expectancy and potential healthcare costs in retirement.
* **Financial Needs and Goals:** Assess your current and future income needs, including housing, living expenses, and any future plans.
* **Other Assets:** Factor in the value of other assets being divided, such as property, savings, and investments.
* **Tax Implications:** Understand the tax implications of each option. Cash might be subject to capital gains tax, while pensions have tax advantages.
* **Investment Growth Potential:** Pensions have the potential to grow over time through investments.
* **Control and Flexibility:** Cash offers immediate access and control, while pensions have restrictions on access.**3. Seek Professional Advice**
* **Financial Advisor:** Can provide personalized advice on the long-term financial implications of each option, considering your individual circumstances and goals.
* **Pension Specialist:** If dealing with complex pensions (e.g., defined benefit schemes), a pension specialist can provide expert guidance.
* **Solicitor:** Will ensure the chosen option is legally sound and incorporated into your divorce settlement agreement.**4. Important Considerations**
* **Long-term vs. Short-term Needs:** Cash might seem attractive now, but a pension provides income security in retirement.
* **Inflation:** The value of cash erodes over time due to inflation. Pensions offer some protection against inflation.
* **Future Circumstances:** Consider potential future events like remarriage or ill health, which might affect your financial needs.**In Summary**
Choosing between cash and pension in a divorce requires careful consideration of your individual circumstances, financial needs, and long-term goals. Seeking professional advice from a financial advisor, pension specialist, and solicitor is crucial to making an informed decision that protects your financial future.
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This reply was modified 12 months ago by
kamal.
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This reply was modified 1 week, 6 days ago by
Mark Keenan.
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This reply was modified 1 week, 6 days ago by
Mark Keenan.
- 8 February 2024 at 14:14
- in reply to: Inheritance
Yes, you can absolutely get a prenuptial agreement (prenup) to protect a future inheritance in the UK.
Here’s why and how:
Why a Prenup for Inheritance?
- Separate Property: A prenup allows you to define what is considered separate property, meaning assets that you bring into the marriage or acquire during the marriage through inheritance. This helps ensure that your inheritance remains yours in the event of a divorce.
- Clarity and Protection: It provides clear terms regarding the division of assets, reducing potential conflict and costly legal battles in the future.
- Court Recognition: While not automatically binding, prenuptial agreements are given significant weight by courts in the UK, especially if certain conditions are met (more on that below).
How to Protect Your Inheritance with a Prenup:
- Full Disclosure: Both you and your partner must provide complete and honest disclosure of your financial situations. This includes details about your expected inheritance, even if the exact amount is unknown.
- Independent Legal Advice: Each of you must receive independent legal advice from separate solicitors to ensure you understand the implications of the agreement.
- Fairness: The agreement should be fair and reasonable, taking into account both parties’ needs and circumstances.
- Timing: Ideally, the prenup should be signed at least 28 days before the wedding to avoid any suggestion of pressure or duress.
Important Considerations:
- Specificity: Be as specific as possible in the prenup about the inheritance, including any known details about the assets or estimated value.
- Future Review: It’s advisable to review and potentially update the prenup after you receive the inheritance to ensure it still aligns with your wishes and circumstances.
- Legal Advice is Crucial: A solicitor specialising in family law can help you draft a prenup that is legally sound and effectively protects your inheritance.
In Summary:
A prenuptial agreement is a valuable tool for protecting your future inheritance. By clearly defining separate property and outlining how assets will be divided in the event of a divorce, you can gain peace of mind and safeguard your financial future. Always seek professional legal advice to ensure your prenup is properly drafted and enforceable.
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This reply was modified 12 months ago by
kamal.
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This reply was modified 1 week, 6 days ago by
Mark Keenan. Reason: Add more content
- 8 February 2024 at 14:08
- in reply to: Can I stop an application?
If you file for divorce and later decide to reconcile and change your mind about going through with the divorce, you can take steps to halt the proceedings, provided certain conditions are met and the divorce has not been finalised.
Here are the general steps you might follow in such a situation, although the specific process can vary depending on the jurisdiction:
- Inform Your Solicitor: If you have a solicitor, inform them immediately of your decision to halt the divorce proceedings. They will advise you on the next steps and assist with the necessary paperwork.
- Withdraw the Petition: If the divorce proceedings are still in the early stages, you can typically withdraw the divorce petition. If the decree nisi has been granted but the decree absolute has not yet been issued, you may need to file an application to the court explaining why you wish to stop the divorce proceedings.
- Communication with the Court: If you are representing yourself, you will need to communicate directly with the court to inform them of your decision to stop the divorce. You should do this in writing and provide any required forms or documentation.
- Joint Application: If both parties agree to halt the divorce, you may be able to file a joint application to dismiss the divorce proceedings.
- Costs: Be aware that there may be costs associated with withdrawing your divorce application, including court fees and any legal fees if you have engaged a solicitor.
- Reconciliation Period: Some jurisdictions offer a reconciliation period, which is a formal pause in the divorce proceedings to give couples a chance to reconcile without having to start the divorce process over if they change their mind again.
- Decree Absolute: If the divorce has been finalised and the decree absolute has been issued, it is too late to halt the divorce proceedings. At this point, the marriage is legally ended, and you would need to remarry if you wish to be legally recognised as a couple again.
It’s important to note that the exact process and terminology can vary depending on where you are. The above steps are based on general practices and may differ in specific details from one jurisdiction to another.
Always consult with a legal professional in your area to get accurate advice for your situation.
- 8 February 2024 at 13:39
- in reply to: What happens to our house?
I’m sorry to hear that you’re going through a breakup after buying a house together. This can be a complex situation, and it’s important to handle it with care. Here’s a general guide on steps you might consider taking, but remember that this is not legal advice, and you should consult a solicitor for your specific circumstances.- Communication: The first step is to try and have an open and honest conversation with your ex-boyfriend about the situation. It’s important to establish what both parties want to do with the property.
- Legal Advice: You should seek legal advice to understand your rights and options. In the UK, how the property is dealt with will depend on whether you are joint tenants or tenants in common, and if there is a declaration of trust or a cohabitation agreement in place.
- Buyout: One option is for one of you to buy the other out. This would involve having the property valued and one party paying the other for their share.
- Sell the Property: If neither of you can or wants to take over the mortgage, selling the property and splitting the proceeds according to your ownership shares may be the best option.
- Mortgage: You will need to speak to your mortgage lender to discuss the situation. If one person is taking over the mortgage, they will need to be able to afford the payments on their own.
- Mediation: If you can’t agree, mediation might be a good step before legal action. A mediator can help you come to an agreement without the cost and stress of court proceedings.
- Court: As a last resort, if you cannot agree, you may need to go to court to have a judge decide on the division of the property.
- Personal Wellbeing: During this time, it’s also important to take care of your emotional well-being. Consider reaching out to friends, family, or professional counselors for support.