When you first start thinking about divorce and all the challenges that lie ahead it can all feel pretty overwhelming. In our experience, the way things are handled in the initial stages before you divorce can have a big impact on the outcome and how long the whole process takes.
Under the current law, introduced in 1973, couples must blame the other to get a divorce, unless they have been separated for two years. To blame the other person, they must cite either their “unreasonable behaviour” or their adultery. This is not very helpful for those couples who have mutually agreed that their marriage has broken down, but there is no one at fault.
Father’s Day can be a difficult time for separated parents.
Carol Jessop, who has been a partner at Harrogate Family Law for 2 years, has now been admitted as a Solicitor. She became a Fellow of the Institute of Legal Executives 25 years ago and she has become a well known family lawyer in North Yorkshire previously working in York for a large regional firm.
We deal with many cases involving SME’s and businesses. The impact on a business of a marriage breakdown can be significant:
- It can be difficult to focus on your work while you are dealing with the emotional fallout of your separation. This can affect financial performance, the value of the business and the level of your income.
- The business interest may well be an asset to be considered in the financial settlement.
- If the business is run as a joint venture by both of you, the future of the business will need to be decided
Taking the decision to separate is not an easy one and the added complexity of living in the same home can make the situation feel unbearable.
Deciding to get a divorce is difficult. It may feel like your life is being turned upside down. However, it is possible to take control of the situation and make it work for you.
There is still a misconception that couples who share their home and finances have certain rights, whether they are married or not. This assumption is unfortunately resulting in some people being left homeless and facing financial hardship if their relationship breaks down.
We understand that the prospect of divorce, if you are financially dependent on your spouse, can be scary and seem impossible. You might be wary of obtaining legal advice because you are unsure how you will pay for it.
When you are going through financial proceedings during your divorce, there can be two types of court order:
- One which sets out the terms of the financial settlement and is either agreed by the parties or imposed by the judge and usually comes at the end of the proceedings; and
- Within the proceedings, there can be case management orders setting out the documents or information required to progress to a final settlement.