Be careful who you listen to.

Divorce tip of the day.

Be careful who you listen to. Getting divorce advice from your friends, family, or your neighbour who got divorce two years ago, is not a good idea. None of these people (although well-meaning) are likely to be objective divorce experts. Instead, rely on your friends and family for emotional support, and take advice from experts with experience.

Finalise financial matters.

Divorce tip of the day.

Finalise financial matters! Don’t make the mistake of completing a divorce without also obtaining a legally binding financial order. Without one, your ex could make future claims on your assets, even many years later.

Assess your financial outgoings.

Divorce tip of the day.

Assess your financial outgoings. Start tracking your current outgoings and build a budget post-divorce. Look beyond the normal monthly expenses and include things like your holidays, and seemingly ‘one-time’ expenses like replacing the dishwasher.

Look at the bigger picture.

Divorce tip of the day.

Look at the bigger picture. It’s easy in a divorce to get hung up on the insignificant matters. Concessions on minor issues mean that you can spend more time sorting out the important stuff.

Consider methods of non court dispute resolution.

Divorce tip of the day.

Consider methods of Non-Court Dispute Resolution. Non- court methods of dispute resolution are cheaper, faster, and less adversarial. Failing to engage without good reason, could result in cost orders being made against you by a court.

Do not hide assets.

Do not hide assets. A court requires full transparency during a divorce. Hiding assets can result in settlements being set aside, or even legal consequences like fines or imprisonment.

What is the difference between divorce and dissolution?

The main difference relates to the type of legal relationship they end. Divorce is the legal process used to end a marriage. Dissolution is the legal process to end a civil partnership.

How long do I have to wait to remarry after a divorce?

You are free to remarry immediately once you receive the Decree Absolute (now called the Final Order.

If you remarry before finalising financial matters, you will lose the ability to make financial claims against your former spouse. This is called the “Remarriage Trap”.

What is common law marriage?

Common law marriage does not exist. There is a common misconception that if a couple have lived together for long enough, they are effectively treated as married in the eyes of the law, and automatically gain rights equal to a marriage or civil partnership. This is false.

If a couple cohabits rather than gets married or enter into a civil partnership, they DO NOT receive the same level of protection.  In general terms the current law treats an unmarried couple as two unrelated individuals. Neither party will be entitled to any financial support or a share in the other’s assets if the relationship ends.

Do divorced parents get 50/50 care of their children in England and Wales?

Section 1 of the Children Act 1989 includes a presumption that there should be parental involvement in a child’s life. The involvement however does not automatically equate to a principle of equal time with each parent. Whether or not a child spends equal time with each parent depends on the facts of each case, and the child’s best interests.

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The Family Law Specialists is the trading name of The Family Law Specialists Limited, a private limited company registered in England & Wales under company number 15318261 with the registered office at, 128 City Road, London, EC1V 2NX. We do not accept service of proceedings. © The Family Law Specialists. All rights reserved.

This website is not intended to offer legal advice so do not act upon any of its content without taking specific advice.

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