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Divorce myths

How to get divorced: a checklist

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Divorce is a difficult and inevitably emotional topic. Ending your marriage means major changes and a great deal of disruption, no matter how welcome the end of a painful relationship may be. Settling your finances, explaining the situation to your children or just deciding who gets to keep what…it can all seem very daunting. Sometimes it can be helpful to have a simple checklist to work with – a bullet point guide to the key stages. We hope the following proves useful. Have you been married for at least 12 months? If not, you will need to wait that long…

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Government publishes no fault divorce bill

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After decades of delay, a bill introducing no fault divorce has received its first reading in the House of Commons. Under current legislation, in order to apply for divorce it is necessary to cite one of five “facts”: Adultery Unreasonable behaviour Desertion Two years’ separation with consent (i.e. your former partner must agree to the divorce) Five years’ separation without consent (i.e. even if your former does not agree) The need to cite a specific reason has been a source of controversy for years, with campaigners arguing that it encourages unnecessary acrimony between divorcing couples, incentivises dishonesty and adversely affects…

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What happens if you lose your job during divorce?

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There are few times in life when your finances will come under greater scrutiny than during divorce. In order to negotiate a fair financial settlement between you and your former partner, it is necessary to declare your income in full, along with all your financial assets, on the famous Form E, a document that anyone who has been through a divorce will recall vividly. But what happens if financial disaster strikes during this complex process? What happens, in short, if you lose your job – or your spouse does? Finding oneself unemployed is always a stressful event –your life has…

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Government to consult on ‘no-fault’ divorce

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In recent months, the government launched a consultation on ‘no-fault divorce’, calling for the existing fault-based system of establishing marriage breakdown to be abolished. This follows the highly publicised Supreme Court decision in Owens v Owens [2018] UKSC 41, where a wife of 40 years was refused a divorce due to ‘flimsy and exaggerated’ examples of unreasonable behaviour. At present, a person can only petition for divorce on the basis that their marriage has irretrievably broken down, and this must be supported by one of five ‘facts’: Unreasonable behaviour by the other party Adultery by the other party Desertion by…

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