Why do some couples choose a silent divorce?

Research carried out by Legal & General in October 2024 found that women’s household income falls by as much as twice as men after divorce. One of the most significant factors why some couples choose a silent divorce is financial stability.

Going through an actual divorce can lead to financial difficulties due to the costs of finding 2 new homes, and the practical and legal costs associated with divorce.

A silent divorce allows couples to preserve the family home, joint investments, retirement benefits, and manage debt more effectively together.

Is an aggressive solicitor always necessary?

Since April 2024, there is a strong expectation and encouragement for disputes to be kept out of court where possible. An aggressive and attacking solicitor rarely finds favour with judges, and can end up quite costly for the client.

All out attack often leads to unnecessary conflict, increased tensions and less chance of settlement.

Taking a less adversarial and reasoned approach is a cheaper and quicker solution for couples wishing to end their relationship.

What is a section 91(14) Order?

This is an Order that can be made under the Children Act 1989 which restricts individuals from making further applications without first obtaining the court’s permission. The Order acts as a protective bar designed to prevent unnecessary, disruptive, or abusive applications in child-related proceedings which puts the child or another individual at risk of harm.

A Court is able to make a section 91(14) Order on its own motion, or following an application by either party.

How to leave an abusive relationship

These are some practical steps to take when planning to leave an abusive relationship:

Pack an emergency bag which contains essential items such as clothes, cash, personal belongings, and important documents, and store the bag in a safe place for a quick departure, if necessary.

Set up a new email, bank account, and obtain a new mobile telephone number that your abuser cannot access. It is important to keep your new details secret and only share those details with people you can trust.

Change passwords and security settings on your accounts, and check for any tracking apps on your mobile telephone or computer.

Plan your departure when your abuser is away from home, if possible. After you have left, change your routine and work schedule, travel routes, and daily habits to make it harder for your abuser to find you.

Why can't a mediator give legal advice?

Mediators cannot give legal advice because they must remain neutral and impartial during the mediation process. The mediator’s role is to encourage the parties to reach their own agreement, not to advise them on legal matters.

Providing legal advice to either party would compromise their neutrality, and could be seen as taking sides.

It is always recommended to seek independent legal advice throughout the mediation process to make informed decisions, and to make sure what is being suggested is right for you.

Are childless short marriages treated differently on divorce?

Short marriages without children are not treated any differently in divorce proceedings to longer marriages with or without children.

A short childless marriage does not impact the sharing principle, or automatically reduce what either party should receive from the marriage.

In deciding financial matters, a court will consider various factors, including contributions made, standard of living, the parties current and future needs, regardless of the length of the marriage.

Can civil partners enter into a prenup?

Couples who are entering into a Civil Partnership can enter into a Pre-Civil Partnership Agreement. A Pre-Civil Partnership Agreement is similar to a prenuptial agreement and outlines what should happen if the partnership is dissolved or the couple separates in the future.

Both types of agreement are binding contracts entered into by a couple before their union, whether it’s a marriage or civil partnership.

Is a prenup, a red flag?

In most cases prenups are positive for both parties as they provide for protection, practical future planning, and financial transparency. However, red flags and warning signs should arise in the following circumstances:

When there is a lack or refusal of financial disclosure by one party.

When a Prenup is produced shortly before the wedding or civil partnership ceremony.

When a person is being rushed into signing the prenup without enough time to review and consider.

When one party is dissuading the other from obtaining their own professional advice.

When the language used in the Prenup is unclear or confusing, and can be interpreted in multiple ways.

When threats or force are used to make a person sign the Prenup.

When one party is unwilling to negotiate on the terms of the agreement. When the terms of the agreement are unfair, one-sided, or heavily favour one party.

When is a gift not a gift?

A gift is not a gift when there is a legal or contractual obligation to do something, or something is expected in return such as an interest in a property.

Similarly, if a condition is attached to the gift, it is likely not to be a gift if that condition is not met. For example, if a parent gives money to a couple to buy a property conditional upon their marriage; they may be entitled to ask for the money back if the marriage does not go ahead.

Is it possible to withdraw an application for dissolution?

An application for dissolution of civil partnership can be withdrawn (stopped) at any time before the Final Order is pronounced. Withdrawal can be requested if there is a change of mind, or reconciliation.

If you wish to withdraw after the application is served, a formal application must be made on Form D11 to dismiss the proceedings.

If the application for dissolution was made on a joint basis, both parties must consent to the withdrawal.

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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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