Category: Divorce articles
Family mediation is intended as a way of assisting separating or divorcing couples to resolve disputes and reach agreed decisions on issues arising from the breakdown of a relationship. These could relate to children or financial matters
To work, mediation must involve both parties equally and will have the objective of clarifying the issues between them, highlighting what is relevant and helping the parties to decide issues themselves.
Mediation may be either out of Court, or part of the Court process.
Out-of-court family mediation
Anybody over the age of 16 may change their name and call themselves anything they like. The only restriction is that any change of name must not be with an intention of misleading or defrauding anybody by using the new name.
For certain purposes where there has been a change of name, such as to obtain a driving license or passport in the new name, evidence is required by way of a Change of Name Deed [or deed poll], or a Statutory Declaration.
This is the historic remedy for a bad marriage, much favoured by Henry VIII. It is a claim that the marriage should be annulled as it has not met the legal criteria for a marriage.
A Nullity Petition maybe presented on, amongst others, the following grounds:-
1. That the marriage has not been consummated. (i.e. you have not had sexual intercourse with the other party since you were married.)
2. At the time of the marriage your partner was already married to someone else.
3. One of you was under 16 years of age when you got married.
Statistics show that women are far more likely to petition for divorce than men.
Why should this be? Is it just that men are more complacent.
Certainly it is the case that in most relationships, it is the women who is the ‘relationship caretaker’. They carefully monitor the relationships and want to make sure that all is right and that there is enough closeness and comradeship. If there is not, it is the woman who will complain and who will do what she can to try to fix things.
Probably the single biggest contributor to the breakdown in relationships today is that couples do not spend enough time together. They do not make their relationships a number one priority. The relationship gets put on the back burner. Everything else seems more important - careers, children, hobbies, community involvement, and personal pursuits. And when relationships are not attended to as they should be, trouble sets in.
It is a general principle in English law that no person needs to employ a lawyer if he/she does not want to and anyone can represent themselves in court. To that extent it is very like servicing one's own car or doing one's own plumbing. It can be done but it does take the time to learn how to do it and if the job is bodged then there is no-one to blame but oneself.
Many couples, who are living together, believe that they're legally protected and that their partner is viewed, in the eyes of the law, as their 'common law spouse'. But this isn't true. If you're cohabiting, you may be putting yourself in financial danger. There can be a lack of financial protection, both presently and in the future, for cohabitees should their partner die or unmarried couples split up.Couples have no financial rights if they separate, no matter how long they have been living together or how many children they have had together.
How to find property your spouse is concealing when you divorce.
Common ways in which a spouse may undervalue or disguise marital assets include:
• Antiques, artwork, hobby equipment,, and tools that are overlooked or undervalued. Look for antique furnishings, original paintings, or collector items at your spouse's office.
• Income that is unreported on tax returns and financial statements.
• Cash kept in the form of travelers' checks. You may be able to find these by tracing bank account deposits and withdrawals.
For most couples, splitting up your possessions is a big part of the process of getting divorced.
The alternatives are that either you and your spouse sit down and decide together who gets what property -- or a judge will have to divide what is called your “matrimonial” property. If possible, it’s best to do the dividing yourselves.
This is different from divorce mediation although it is also a way for divorcing couples to settle without a court battle. In Collaborative divorce each couple hires a lawyer to work with them and meet the other side in four way meetings. In mediation a neutral person simply helps the parties to agree everything themselves that with a Collaborative divorce a family lawyer is used by each spouse to argue their case.
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