Things to Consider When You Decide to Separate
A solicitor with The Family Law Company, Anne Shears below discusses how the divorce process works particularly in terms of finances help with when you decide to separate.
Divorce is not the same
The basic thought of most couples at the time of divorce is not the proceedings. They first think about their future course on where they would spend the rest of their time, their children and of course, the financial matters.
The reason behind every break up is unique and very personal. And not all decide it because they think that the relationship is over, but there are some who even after thinking of it feels uncomfortable with the idea of a divorce. This may be because a lot of them live with hope for reconciliation and are not really ready to bring their marriage to a formal end whereas some other people may be scared of the entire process of divorce that includes legal terms, financial demands, etc.
Keeping aside the emotional aspect, the legal side of a divorce is a relatively simple process. Though different countries follow different norms, it should be kept in mind that a couple must have been married for more than a year before they can divorce. But, there is only one ground for divorce in England and Wales which says that a marriage has irretrievably broken down. There are five facts that can be used to show a Court the reasons that can lead to a divorce. They are:
- A spouse has been found committing adultery with another person of the opposite sex, and the other happens to discover it and now finds it uncomfortable to go on living together.
- It is changing the behaviour of a spouse which has made it almost unreasonable to expect the couple to go on living together.
- A spouse deserted by the other for a continuous period of two or more years.
- A couple is living separately for two years or more and agrees to the divorce now.
- A couple has been living separately for five years or more and it no more matters if they agree on a divorce or not.
The divorce is expected to be granted by the Court only if the Petitioner can establish one of the above-mentioned facts. It is all the better if the divorce is agreed before the Petition is lodged with the Court. This will ensure that the divorce will go through more quickly avoiding too much of conflicts or disagreements, enabling the separate couple a better chance to agree upon finances and any other arrangements that needed to be made.
A lot of people realize that a divorce does not just end the marriage but also means that a Court will consider their finances. This happens when they take legal advice about their separation. It should also be noted that the court cannot consider any agreement reached between a married couple about their finances until a divorce has reached the Decree Nisi stage. Not only this, there are a lot of things to consider when it comes to a will which again depends on the Types of Wills.