InsightsInsight - Family and Divorce - POSTED: January 24 2019
New Year, New Beginnings
With many misconceptions around, it’s important to get legal advice if you are moving on from relationships
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As the holiday season has now come to an end and the new year begins, individuals often take time to reflect upon their current circumstances, which may include considerations about relationships and those, which for one reason or another, should be brought to an end. Whilst it is recognised that such decisions are often difficult and the path ahead not straight forward or clear, it is important that early legal advice is sought to consider the best way forward.
Statistics show that 455 online divorce applications were received by the court service over the Christmas period, including 13 on Christmas Day itself. Unknown to many, the online divorce process does not currently allow married couples to sever their financial ties from each other meaning that, even after they are divorced, their financial claims against each other will remain published. It is therefore important to obtain early legal advice even if you are intending to make use of the online divorce process.
The breakdown of relationships can have wide ranging effects. An individual may need to consider the financial implications, where they are going to live, the arrangements for their children and, if they are married, the process of divorce and the financing of day to day living expenses.
For individuals who are cohabiting and are not married, it is a common misconception that if you lived with your partner for a long period of time or you have children together you are known as “common law spouses.” Sadly, there is no such thing. A cohabiting couple does not have the same financial rights as a married couple when their relationship comes to an end.
It is important to seek legal advice to find out what you are legally entitled to if your marriage or relationship comes to an end. No two cases are the same and each individual case should be considered on its own merits.
At Brachers our team of lawyers have a wealth of experience in dealing with all aspects of relationship breakdown and we are able to offer you advice and guidance in confidence and with sensitivity. There are a range of options available to you to deal with matters following the breakdown of your relationship including both court and non-court routes. Please contact a member of our Family and Divorce Team for further information and advice.
This content is correct at time of publication
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