Tag: divorce

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Divorce Law Family Law Separation Law

DIY Divorce could be the answer if you do it correctly

Divorce isn’t a subject which people tend to want to discuss very openly, but there comes a time when individuals have to make important decisions about how to live the rest of their lives. Getting a quick, smooth and painless divorce is preferable to a messy contested divorce case which could drag on for a long time and cost a lot of money.

Fortunately, if partners can reach agreement on a number of important issues then the divorce can be brought to an amicable end with relatively little expense, thanks to uncontested online divorce services.

The types of things which separating partners need to talk about might include custody of children, division of property, child support payments, other financial issues and even custody of pets of livestock. If they can reach agreements about these assets and responsibilities then it might be possible to get an uncontested online divorce at a fraction of the cost of the lawyer/solicitor route. Reaching agreement about these things in advance of getting divorce increases the chance of it being conducted in a civilised way.

Online divorce services are becoming increasingly popular, as couples look for a way to reduce the costs involved. Online divorce websites will supply paperwork and documentation which will then be completed by both parties. The most important part of this documentation will concern children or any other dependents. This could be related to custody or maintenance. Getting these documents in order is essential for securing a swift divorce.

There are some circumstances in which uncontested divorces are not suitable, such as when domestic violence is involved or one party doesn’t feel free to negotiate with their partner. Unless partners can discuss and negotiate with each other, uncontested divorces are impossible. Where agreement on these important matters cannot be reached, the services of divorce lawyers and solicitors may be useful. They can mediate communications and ensure that rational, reasonable negotiations take place.

It’s hard to put a price on divorce, as it depends on a wide range of different issues and the couple’s ability to reach agreement on them. An increasing number of people are choosing to take control of their divorce; by using online divorce services. Online Divorce websites can provide the paperwork and advice which helps couples to get a divorce quickly and smoothly. Once the Decree Absolute is issued the divorce is final and both parties can move forward and begin living the single life.

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Child Custody Divorce Law

Saints Coach Sean Payton in the Process of Getting a Divorce

The most successful coach of New Orleans Saints has filled for divorce from his wife of, Beth Payton, to end a 20-year-old marriage. The time of divorce came when Sean is going through a troubled time of facing a suspension for an entire NFL session over an alleged Bounty program.

Sean filled the divorce petition on June 14, 202, seeking divorce on the ground of discord or conflict of personalities. He has asked for the joint custody of the children and for the division of the property. Beth Payton filed her divorce papers on June 26, 2012. However Beth has asked for solo child custody and exclusive authority over decisions on the medical care of the children. She has also asked the coach to pay towards child support and medical care of the children.

The divorce petition was filled in the Tarrant County district court. However, the divorce papers does not contain the full name of the divorcing parties in order to keep their identities under wrap. The papers describe their identities as two residents of Tarrant County with the initials of Payton (PSP) and his wife (BAP), their marriage date and the birth dates of both of their children.

The decision of divorce came at a time when the Saint’s most successful coach is facing suspension from the 2012 NFL session for an alleged bounty program in which defense players were paid inappropriate cash bonus for causing injuries to the targeted opponents.

Sean Payton is the most successful coaches of the Saints. Prior to Joining Saints, he was working as an assistant coach with Dallas cowboys. Sean joined New Orleans Saint’s football club in 2006 and won a super bowl in his fourth session. He managed the team on its way to win the NFC South Division with a 13-3 record and set various club and NFL records.

 

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Divorce Law

Pension sharing on divorce

Pension Sharing

Going through a divorce is never easy; often the process can be painful and upsetting and leaves both parties with so many things to give consideration to including one of the most important aspects, the financial settlement.

During divorce proceedings all financial assets will be included and considered by the court and probably one of the most valuable assets theses days is the pension.

Since the introduction of the Welfare Reform and Pensions Act 1999 pensions have become an important financial aspect of many divorces with the act enabling couples to split the entitlement to their pensions.

When a couple go through divorce proceedings all assets must be included before an assessment/division takes place, either by consent or via court order. Where it is agreed or ordered that one or both parties pensions should be split the court will instruct the pension provider to divide the pension, ensuring that both parties have an entitlement to a share.

On receiving this instruction the pension provider will value the pension and the pension will then be divided on the day of valuation to avoid any changes occurring with that pension’s value.

It is rare that a pension will be split 50/50 and the value of the pension entitlement each party will receive will also depend on other financial assets owned by or awarded to each individual.

Once the pension entitlements have been decided one possibility is that one party will receive the pension account, minus the entitlement allocated to the other party, and will be able to continue to use the account in order to build up the fund as well as claim the benefits, whilst the other party will receive their entitlement in the form of a lump sum and will have no further access to any of the pension benefits.

Another variation of pension sharing is an Earmarking Order although this refers more to sharing the pension benefits rather than the actual pension itself. When an Earmarking Order is granted it means that the party who does not hold the pension is sent notifications by the pension provider every time the party holding the pension receives benefits on that pension and the benefits are then shared between both parties.

However, the party not holding the pension has very few rights with this option and, should the divorce be a particularly messy or unpleasant one with much bad feeling present, then problems may well occur such as the party holding the pension deferring any or all benefit payments so that the party sharing the benefits is unable to receive them as and when they are required. This option is really only suitable for couples who have undergone an amicable divorce and do not have any wish for a clean break.

Offsetting is another option to pension sharing which, although technically doesn’t involve the actual sharing of the pension, does mean that both parties have future financial security.

Offsetting can be used when a divorcing couple have a joint pension which holds the same value as their jointly owned property. The concept of this option is a rather simple one which enables one party to take over the full pension whilst the other party keeps the house. However, the party who opts for ownership of the property will obviously be left without a pension fund and so will need to consider starting up another pension scheme to ensure their future security.

A further alternative to pension sharing is for one party to set up a pension fund and make regular payments into that fund instead of making maintenance payments or making part maintenance and part pension scheme payments to the other party involved.

This is not always a suitable option, especially if the party due the maintenance payments requires those payments for their day to day living and the up keep of their property, but this option can prove a popular one for those who have not yet got round to setting up their own pension fund and can offer peace of mind with regard to the individual’s future security.

This post provided by family solicitors in London, where you can  also find advice on finances on divorce.

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Divorce Law Family Law

Divorce and Title Loans: Who Gets the Car? (US Law)

Dog in carThe divorce process can be an intricate situation that leads to many unforeseen problems, both emotionally and financially. If you were having financial problems before you filed for divorce, there’s a possibility that you may have acquired some considerable debts. Sometimes, people in this situation obtain a car title loan to come up with the money they need to help cover the cost of divorce. If you have recently filed for divorce, there may be some question as to who gets the car when this type of loan is involved. Here are a few things to consider about this scenario.

Paying Back the Title Loan

In a divorce situation, you have to be careful how you handle the debt. If no one pays the title loan back, the lender is going to keep the car. Whoever originally signed for the loan is responsible for the money that was borrowed. According to TitleMasters, you will have 30 days to pay off your loan, and in some cases you may also qualify for a 30-day extension.

If the money does not get paid back within the term of the loan, then the lender has the right to take the car and sell it. The lender will keep any money that is generated from the sale of the car. This means that if you are in the middle of a divorce settlement, you need to make sure your title pawn agreement is paid back before the car gets repossessed and sold.

Settlement and Court Ruling

During the process of filing for a divorce, you and your spouse may try to settle things outside of court. In this situation, both parties may hire lawyers to represent them during negotiations. Both spouses and their lawyers will meet to discuss the terms of the divorce. In these negotiation sessions, you work together to determine what happens to the car, as well as how any other marital property is distributed.

If nothing can be decided in negotiations outside of court, then the divorce court will have to get involved. When this happens, both you and your spouse will present information before a judge. The judge will listen to the information and divide the assets in a way that he or she deems equitable for both parties. The judge may decide to give you the car, or give it to your spouse, regardless of who signed the original loan agreement.

Typically, in a court case, you can make requests as to what type of property you would like to receive from the marital estate, but the decision is ultimately up to the judge. If you want to make sure that you get the car, it is usually better to settle outside of court, where you have more control over the outcome, rather than having a judge decide what’s best for you and your spouse.

Marital Property

When determining who takes possession of a car after a divorce has been filed, you also have to look at whether the vehicle was considered to be marital property or not. For example, if you, as an individual, owned the car prior to getting married, then it would not necessarily be considered marital property, if the car were still in your name. If one of your parents or a relative left you an inheritance without giving any to your spouse, then that is not always considered marital property either. In a situation of this nature, you may be entitled to keep the car without having to compensate your spouse for his or her half. If the vehicle is determined to be marital property, you may have to pay your spouse something for their share of the car.

The divorce process addresses many issues concerning property, finances and emotions. If you have a vehicle title loan while filing for divorce, make sure both you and your spouse understand the terms. The more prepared you are for negotiations, the better the outcome for all involved.

Karla M. Somers is a freelance writer, interpersonal relationship expert, and former family mediator for the state of New York. She is a contributing writer for Atlanta based lenders, TitleMasters.

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Pre-nuptial Agreements

Top 10 Biggest Celebrity Prenuptials

Below is a guest divorce law blog post regarding some of the biggest celebrity prenuptials.

Going through a break-up is never an easy or pleasant experience. How much worse, then, for those with a mighty fortune and property that will be divided and the pressures of fame to deal with? Although it may not seem a very romantic way to start married life, more and more celebrities are opting for a pre-nuptial agreement to try and make any future break-up easier to administer while preserving as much of their personal wealth as possible.

Why Celebrities Make a Pre-Nuptial Agreement

Although it can seem a depressing thing to do, having a ‘pre-nup’ can be about more than simple greed and wanting to hang on to cash. For some, a pre-nuptial agreement can actually relieve tension that might otherwise exist in a relationship to do with money and property. When the marriage is not the first and children are involved, these agreements can protect the interests of the existing families and make life easier for divorce lawyers if things ever come to that.

Agreements can be extremely flexible. When celebrities find themselves having to go through the divorce process, their lawyers will go through any pre-nuptial agreements with a fine-tooth comb. Sometimes these can have unusual clauses that have been carefully tailored to their clients.

Stay With Me

When Nicole Kidman married Keith Urban, their agreement involved her paying him $640,000 per year while they remained married, but removed his rights to receive anything if he ever used illegal drugs again.

Paying for fidelity or marital longevity seems to have become a mainstay of agreements by trying to actively discourage divorce by making it more financially beneficial to remain married. Take music stars Beyoncé and Jay-Z’s arrangement, which sees her set to receive $10,000,000 in the first two years of marriage and $1,000,000 for a further 15 years.

If Katie Holmes were to remain married to Tom Cruise for more than 11 years, she will be entitled to half his fortune. But the $3,000,000 she receives for every year she remains married to him until then is not a bad income to be going on with.

The Big Pay-Off

Pre-nuptial agreements are better known for defining what someone will receive when they leave. Hell hath no fury like a woman scorned and Michael Douglas would do well to remember it. If he is ever unfaithful to Catherine Zeta-Jones, she would receive a ‘bonus’ payment of $5,000,000 on top of the $2,800,000 for every year of married life.

Charlie Sheen and Denise Richards had a similar idea, agreeing that if either strayed they would pay the other $4,000,000. Russell Crowe would have to stump up an eye-watering minimum $15,000,000 if his marriage to Danielle Spencer ends in divorce. Khole Kardashian is very specific in her requirements, which include a $5,000 per month shopping allowance, courtside season tickets to Lakers games for all her family and a $25,000 monthly amount for support from Lamar Odom in the event of divorce.

So Long, Farewell

Some celebrities use their agreements to avoid large pay-outs. Britney Spears ended up paying her ex-husband Kevin Federline less than £1,000,000 thanks to hers and Kim Kardashian’s assets, including her earnings during marriage, are also protected. Director Steven Spielberg’s agreement was considered invalid as it was written on a napkin and rather than paying nothing, he ended up shelling out £50,000,000 to Amy Irving.

Our guest blogger today is Robert, a blogger and freelance writer with an extensive amount of knowledge on family law. Robert is currently writing for Switalskis Family Law.

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Family Law

The Place of Children in Family Law

When dealing with divorce or the breakdown of a family, everything becomes a balancing act for a solicitor. Unlike in more straightforward property cases or employment disputes, there are often three parties involved in divorce and family law solicitors see a huge number of cases which involve one or more children.

The difficulty for family law experts is finding where the right balance. The law in the UK says very little about the rights of children and because of this most cases involving children are settled out of court with the help of a family law solicitor. Compare this to family law in somewhere like Australia, though, where a new reform bill means that the safety and rights of children will be paramount in disputes between couples and the outcomes of complicated cases will be decided by a court of law.

Of course, it’s a very complicated matter, but does the law do enough for children in the UK? What does the law say and how are children protected? Should we move towards a system where children are given explicit legal rights or does our system do the job?

Well, the first concern for the family law expert in any relationship breakdown is violence. The UK law states that the courts will only make an order against a particular parent having access to their child if not making that order would be more detrimental. Where one parent has demonstrated the willingness to commit violent acts against children the courts in the UK can still be firm and clear and it will become very hard for a violent parent to gain any access to their child at all.

It’s an equally common view amongst family law solicitors that children are happier if both parents have an influence in parenting. This is, of course, the ideal, but often negligent parents impose a negative influence on children and this is where out of court agreement really do work. A system where the child’s right or desire to its own joint care results in a parent who is disinterested being forced by a court to take charge could be potentially very dangerous.

Of course the Australian system is fraught with problems and the administrative costs of allowing courts to have such power in deciding what is right or wrong for a child can come at a massive time cost. It’s well known that divorces can take up to two years to resolve and dragging out what is potentially a very difficult time for all is not desirable for anyone.

The way that children are protected in the UK relies on both parents putting their own personal views of each other behind them and agreeing to come to a sensible arrangement. The law provides for the occasions when the parents are unable to do this and courts will step in if they need to. Really this way provides an adequate solution in difficult circumstances and when children’s well-being is at stake, a more powerful but administratively costly court just doesn’t seem to be the right solution.

Clough & Willis Solicitors are based in Bury, Manchester and the specialist Family Law team at Clough & Willis have extensive experience in divorce law, maintenance payments, financial settlements and child custody and can advise on all aspects of your situation. All Clough & Willis divorce solicitors are members of The Law Society Family Panel and Resolution.

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Family Law

Loss of friends due to divorce

Divorce not only costs money and family but also friends. While going through divorce you will be able to discover people whom you actually called friends. There is a tendency among human beings to look for support while going through sad times. While going through divorce you might find people who once called themselves your friends shying away from you. It is just one of the example of side effects of divorce that is just not limited to one’s family but also to friends and extended family. On an average you will lose around 8 friends during the the whole process of divorce. While going through a divorce, it comes as an eye opener while fighting the battle with the person who was once the most loved person in your life and managing things if there are any children involved.

There are multiple types of friends who you can easily recognize while going for a divorce

  • There are friends who will find it difficult to interfere in the ongoing process . They find it difficult to cope up with the news and do not know what to do in such scenario. So, what happens is that they don’t say anything and leave you alone in the situation and hide in the background. Instead of dealing with things and come out to help you, they opt out rather than facing it.
  • The second type of friends are those who will feel the need to support any one of the spouse giving reason to other spouse for the termination of friendship. Losing such friends who were once important to you and your spouse can hurt but you but will teach you a lesson to be more careful choosing friends next time.
  • The third type of friends are those who operate in just couples . And they will be more than happy to take your name out from the list of weekend breaks or at the dinner parties. They just don’t have any space for single person be it that person is their close friend. Once you are divorced you will find many of your married friends missing from action or avoiding you completely. It is better to stay lonely than having such selfish friends.

The divorce was meant for you and your spouse but your friends leaving you in between divorce is some thing you never saw coming. Once this happens, you fly solo.

Post divorce life is the first time you will start choosing friends for yourself without any influence. While we were children it was your parent’s choice who you will we make friends with. They did so because they feared that if you choose wrong people, we will become like them . If you are comfortable hanging around with people who are successful and are happy soon you will turn like them .

One of the divorce aftershocks is that a person starts to feel that she/he is a piece of junk or a useless person . Making friends with people who understand your value and respect you for what you are will help a lot in getting out of this negativity and lead a normal life.

Getting out of the self containment box is important as it will only develop negativity and the feelings of being worthless develops destructive feelings and you might end up causing harm to yourself. If you do not get out of this box then very soon you will be found in another box heading toward grave.

Get hold of your life once through with divorce and make the best use of this time , surf online information on divorce when you have only you to cater. Go out and start living your life. You will eventually make new friends but this time you will be more careful choosing correct person as friends.

Author Bio:

I am Lisa Levis, working as a content writer since 2010. I am helping edivorcepapers.com. Here I am managing its blog and article sections.

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Divorce Law

Finding the right divorce lawyers

If you feel your marriage may be ending and you are heading in the direction of a divorce, it is a good idea to take a moment to carefully assess your situation and decide whether or not you will be needing legal advice and assistance from a qualified professional. While a divorce can be completed without the involvement of lawyers, various unexpected complications can arise and that is where having a divorce lawyer can help you. They can help with various tasks, ranging from simply filling out the required forms for you to instructing you on what the best choice will be given the situation you are, for example, how much you should be expecting in terms of a financial settlement.

Finding The Right Lawyer

If you have reviewed your situation and decided that hiring a lawyer is the way to go, you must be aware of the fact that not all lawyers are the same and finding one that will best suit you and your needs is also an important part of the whole process. You should determine what you are looking for in the lawyer you will be hiring, taking into account what exactly you will be needing them for, whether they will simply be someone to help you fill out divorce papers versus someone who is going to be aggressive and negotiate strongly for you to receive a better financial outcome.

You should contact a number of lawyers before settling on a single one. Recommendations from family and friends are usually the best way to meet solicitors that will likely serve you well. Additionally, there are websites in existence that allow you to search for lawyers in your area, such as the Legal Adviser Finder (http://legaladviserfinder.justice.gov.uk) resource made available by the Legal Services Commission (LSA), which allows you to specify your postcode and the area of law with which you will be requiring assistance.

The Cost Of Hiring A Lawyer

Lawyers can end up being very expensive, especially if you make extensive use of their services, so you should make sure you are fully aware of their fees before agreeing to anything. It should be further noted that lawyers are bound by law to be completely transparent with their clients when it comes to fees and that they are not permitted to mask any hidden costs.

When it comes to how much it will cost, it is difficult to say with any certainty. A fixed fee is usually agreed in advance, before any work takes place to ensure both lawyer and client are happy with the arrangement. The cost itself will be directly related to how much time and work the lawyer is putting in for the client, which in turn is related to how much you and your partner can agree on. For example, if the lawyer is working around the clock to negotiate an agreement with your spouse’s lawyer because you cannot agree between yourselves, the cost will be significantly higher than if you agreed on all matters.

Mediation & Legal Aid

If you have a limited budget and cannot afford to pay a lawyer to be working on your behalf, you should contemplate using a mediator to solve your problems. A mediator is a neutral individual who works with the couple in order to try to settle any differences and is financially advantageous to both parties, especially if you are entitled to legal aid, which would make the mediation process completely free. To check if you are able to receive legal aid, you can use the LSA’s Legal Aid Calculator (http://legalaidcalculator.justice.gov.uk/calculators/eligiCalc).

This post provided by Darlingtons Solicitors.

Categories
Divorce Law

International marriages

An international marriage can include a husband and wife of differing nationalities, a couple living together in a country which is not their home country or even a couple living apart from each other in separate countries.

Statistics

Within the member states of the EU there are approximately 122 million marriages, 16 million or 13% of which are international marriages and, in 2007, within the 27 states of the EU, 1 million divorces took place with 140,000 or 13% of those having an international element.

Divorce

According to divorce solicitors in London, the courts of the EU member states have differing ways of deciding which particular country’s law should apply when it comes to the divorce of a couple in an international marriage. This can create an awful lot of legal uncertainty and may even lead to one partner taking advantage of the other partner, who could be in a weaker position financially, with possibly the stronger spouse pushing through the proceedings in a jurisdiction where the applied law favours him or her over the other partner.

The Settlement

Financial settlements for divorces can vary from country to country so, in order to achieve the best settlement figure, the spouse will need to seek family law advice on this particular area.

Although it is possible to begin legal proceedings for a divorce in more than one country the EU rule states that the divorce which was started first will be the divorce which will prevail.

Going Home

Many family breakdowns in the EU have an international element and often, in the event of the breakdown, some partners will wish to return to their home countries to seek the support and comfort of their family and friends.

However, this isn’t as straightforward as just jumping on a plane and moving back into the family home, especially when there are children involved in the breakdown.

Children

If a spouse has children and wishes to relocate abroad with his or her children then English law states that the spouse will need to obtain permission from everyone who has parental responsibility of those children before leaving the country or to apply for an order of the English court.

If a child or children are removed, without permission, by a spouse to one of the countries who are signatories to The Hague and European Convention on Child Abduction those countries will give full co-operation to make sure that the child or children are returned to the parent still residing in England.

However, things can become particularly tricky if a parent relocates with his or her children, without permission, to a country which isn’t a signatory of the Convention on Child Abduction and it can be an extremely costly, confusing and very traumatic experience for the parent attempting to get his or her children back, especially when it comes to initiating legal proceedings in a foreign country.

Historically, there was a presumption that children would move abroad with their mother if she was a foreign national wishing to go back to her home country, but a recent Court of Appeal decision has stressed that the welfare of the children is paramount and that each case needs to be determined on it’s own merits.

Categories
Divorce Law Family Law Separation Law

My Spouse and I are looking to separate, however we do not wish to go through with the whole divorce procedure just yet, is there another way we can separate without going through this?

In Divorce Law the term divorce means that a marriage has been irretrievably broken down. It may be that in your situation this is not the case and you are not looking for a final decision but rather an agreement not to carry out your marital obligations or to benefit from your marriage in any way until you make a decision whether to officially divorce or not.

If this is the case you should write a separation agreement. A separation agreement is not a divorce; it is merely an order of court which dissolves the obligations or benefits brought on by a marriage. In such cases you and your spouse will agree beforehand about any financial agreements, the children and the planned divorce. This agreement is binding on you and your spouse until the divorce commences during which time the courts will make an order confirming the terms of the separation agreement.

If you are seeking to carry out a separation agreement, it is advisable that both you and your spouse employ the services if a divorce lawyer or family solicitor before agreeing to any of the terms you intend to set out in the agreement. The separation agreement identifies the parties to the agreement and confirms that both you and your spouse have received legal advice on the matter. Both parties will then agree in the separation agreement that the marriage has broken down irretrievably and that they are planning their divorce.

It is prudent at this stage to get legal advice on your division of your matrimonial assets, such as your finances and child support. This will make it easier for you to carry out an uncontested divorce when you wish to go through with the procedure. It should be noted however that a court may change your separation agreement if it considers it to be unreasonable or, in the case of a child, if it is not in the child’s best interests.

For further legal advice on divorce and separation agreements, you are advised to speak to a divorce solicitor or family law solicitor. They can answer your questions and help you to get through this difficult time.