Can I Get a Divorce Online?


Can I Get a Divorce Online

Can I Get a Divorce Online?

Yes, of course. The options are:

But did you know that a solicitor can do your divorce for you, often for less than you think?

I want a quick and cheap online divorce

Things to watch out for:

  • Are they properly qualified?  Don’t rely on untrained and unqualified people
  • Don’t go so quickly that you forget to protect your share of the matrimonial finances. There’s the family home, and you don’t want to miss out on pensions or the family business either. See my blog Quick divorce or safe divorce?
  • Have you agreed the arrangements for the children?
  • Neither arrangements for the children nor matrimonial finances are addressed in divorce proceedings. Check out your rights with a properly qualified family lawyer. Fixed fees or pay as you go costs are available.

How do I know the online service providers are properly qualified?

Good question. Expert legal help is important but the terminology is confusing: lawyer, solicitor, barrister, paralegal, chartered legal executive, collaborative lawyer, mediator. What does it all mean?

“Lawyer” can mean solicitor, barrister, or indeed any of the above.

A solicitor is highly qualified and experienced and can advise you and represent you in Court. You can find a good one online at Resolutionan organisation of family lawyers who believe in a constructive, non-confrontational approach.

A barrister can advise you and represent you, but usually your solicitor instructs them, rather than you.

A collaborative lawyer works with you, your partner and their lawyer in face to face negotiations to resolve your family disputes. Collaborative family law can help you shape your own future after divorce, and avoid the heartbreak of Court proceedings.

A mediator can help you and your partner work things out together. They can help you identify the issues between you and help you resolve them. Find a good one at Resolution

A chartered legal executive is similar to a solicitor but tends to have trained in only one area of the law, and must be supervised. Find a chartered legal executive on the CILEx website. Incidentally, the title “legal executive” can be misleading. Check whether they are actually chartered or not.

A paralegal has some legal training but is not a solicitor or chartered legal executive. Find a paralegal on the Professional Paralegal Register

You say go to a solicitor, but they cost too much

Not always! Family solicitors usually offer initially free advice, fixed fees, payment plans or pay as you go. See the How we charge page on our website. Compare these to the charges for online divorce – you might be pleasantly surprised. You will have the assistance of a properly qualified and experienced solicitor with personal knowledge of your case. And if your solicitor is local, you can actually meet her.

Why should I consult a solicitor?

  • A divorce doesn’t sort out the finances or the children. These are separate.
  • Things can get complicated – hidden assets, the risk of child abduction
  • A family solicitor will drop everything to protect you and your children
  • Decisions about property, pensions etc will affect the rest of your life

Can I talk to a proper solicitor please?

Yes, of course.  Joanne Houston at Just Family Law would be delighted to help you. And talking to a solicitor doesn’t mean you can’t have a DIY divorce.

I want a life beyond divorce

Then think about collaborative family law or mediation.

Family consultants who practise as counsellors or life coaches can help manage the separation and can be directly involved in the collaborative law process too.

Everyone is entitled to expert, professional advice

So certainly look online, but don’t forget to protect your future and the future of your children by organising a free or fixed cost interview with a family law solicitor.

It’s like when you’re organising a holiday. However independent you want to be in your travel plans, you don’t want to fly the plane yourself. There’s an experienced pilot for that.

Can I Get a Divorce Online?

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial free of charge consultation on the question Can I Get a Divorce Online? In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs. 

The topics covered in this blog post Can I Get a Divorce Online? are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

image Una luz entre las sombras by Andres Nieto Porras on Wikimedia

Read the article

6 Reasons Why You Need A Cohabitation Agreement

  1. Did you know there’s no such thing as Common Law marriage? In addition, did you know cohabitees don’t have the same rights as married couples? A Cohabitation Agreement can protect you and your property. It can also set out what will happen in the event of your separation, or death. The Court is likely to be guided by your Cohabitation Agreement if there’s a dispute.

A Cohabitation Agreement Can Protect You And Your Property 

  1. If your relationship ends you can literally find yourself out in the cold. This is because unless you are the owner, or joint owner, of your shared home you have no automatic legal right to it. You may have sunk a lot of money into its purchase. Or perhaps you have paid for improvements. But if your name is not on the title you could come away with nothing.
  1. In the Cohabitation Agreement you can agree how you own property. This may be in equal or unequal shares, or you may agree to keep your property separate.

A Cohabitation Agreement Can Protect You And Your Property  On Death

  1. What happens if your cohabitee dies and there’s no Will? Their estate is distributed under the intestacy rules. But these rules do not mention a surviving cohabitee. So in other words you could be left with nothing. But don’t worry, you can agree what will happen to your property after death in your Cohabitation Agreement. In addition, it’s vital to make Wills and regularly review them.
  1. Furthermore you need to make sure you know your entitlement to your partner’s pension. A surviving cohabitee might be entitled to benefits under a late partner’s pension scheme. But this is not guaranteed. You might need to agree to nominate each other in respect of death in service payments.

Regularly Review Your Cohabitation Agreement

  1. A Cohabitation Agreement can address many of these concerns, and more. It can also cover household bills, debts, businesses. But if there is a change in circumstances such as the arrival of children please make sure you review your Cohabitation Agreement with your solicitor.

Find out more about how Cohabitation Agreements can protect you and your property. Phone Joanne Houston on 01962 217640 for a free 20 minute consultation.

* Scroll down to sign up for Emails from our expert Solicitors to keep up to date with these important issues *

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions.

We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

image Hanna and Ole Nydahl on Wikimedia

Read the article

Collaborative Law & Divorce: The Importance Of Assertiveness

I have guided many clients through the collaborative law divorce process and I have noticed a common theme. Many simply do not know how to assert themselves. Perhaps this is because they have lived for years with a forthright and dominating partner? Maybe it’s been easier to acquiesce?

But with the marriage over, and the rest of their lives to deal with, the time for acquiescence has gone. It’s time to be assertive.

A Collaborative Law Divorce Can Forge A Positive Future For Families

It can also provide a life changing learning experience in assertiveness.

I remember in particular a client I will call Rebecca. She travelled the world with her husband, Geoffrey. They rarely stayed in one country, let alone one home, for long. Her family – her husband and three tiny children – were her entire life.

But she told me Geoffrey had left her and was eager to negotiate a quick settlement. He wanted to put the marriage behind him. She was tearful and anxious because she simply had no idea what to do. Where would she live? Where would the children go to school? Would their father remain a positive influence in their lives? Would she have enough money?

Collaborative Law Divorce: The Process

I told her about the collaborative process and how I could help her as her collaborative lawyer. She would be able to resolve the issues that concerned her, negotiate the necessary arrangements, and make the right decisions for her family.

I would sit at her side in meetings with her husband and his collaborative lawyer as her voice, support, and legal adviser.

Collaborative Law Divorce And Life Coaching

Rebecca was interested in a collaborative law divorce but said she feared conflict with Geoffrey. She would never find the courage to stand up to him. Furthermore she feared he would simply turn his back on her and the children forever.

And she was anxious about the cost of the divorce. Would the outcome leave her and the children in penury?

I gently reminded her she must try to think long term. Would she consider consulting a life coach? I could recommend one who specialised in the difficulties arising from marriage breakdown. Other clients had found new confidence as a result. They had been able to deal with painful issues, and achieve a level playing field.

Rebecca thought about my suggestion. A few days later she got back to me and said yes, she would like to go ahead.

The Power Of Assertiveness In The Collaborative Process

I introduced Rebecca to a life coach. They made great strides together. It wasn’t long before we were able to start the collaborative process.

Rebecca was now able to face all the issues head on, and state her point of view with conviction. In addition she now realised she had the right to express her views, refuse settlement proposals, and offer her own ideas. It was a pleasure to sit by her side and guide her.

If in the collaborative process you are assertive, and focused on your needs, you will achieve the best settlement for yourself and your family, long term. And as a result the experience will help you manage your family better after your divorce. In particular the unreasonable demands and expectations of others.

The assertiveness you have learned during the collaborative law divorce process will help you plan financially for the future.

In Conclusion

The experience of your collaborative divorce will be your first step to developing your independence and autonomy in your newly formed, separated family.

Phone Us For A Free Consultation …

Phone Joanne Houston on 01962 217640 for a free 20 minute consultation on these important issues.

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions.

We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs, including same sex couples and their families.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog might have application to you, you should seek expert legal advice.

image credit: Woman Pointing by Helmuts Rudzītis (filter etc applied) on Flickr

Read the article

How To Protect Business On Divorce – Sole Proprietor, Partnership, Ltd Co

 

How To Protect Business On Divorce

    How To Protect Business On Divorce

A client came to see us here at Just Family Law the other day. Let’s call him Ted. He and his wife were fine, he assured me. But he wanted to know what would happen to his business if they split up. “Would she get her hands on it?” They both enjoyed the highlife: holidays in Florida, villa in Spain. But it was all down to him, wasn’t it. There was no way she was getting a share.

“It all depends,” I said.

    Is The Business Shared Out On Divorce?

I told him his wife, let’s call her Sheila, wouldn’t automatically get a share of the business on divorce. Or rather I should say “his” business, as he was keen to remind me. But there were questions I needed to ask him first. Was it a partnership? A limited company? “No,” said Ted, “I’m a sole proprietor. Like I said, it’s my business.”

It was doing brilliantly, he told me, never better.

“So what is your business?” I asked him. “IT,” he said. He is responsible for the IT systems of a number of large businesses. One’s even a household name. He has an office full of “youngsters”, or so he calls them. They run the help desk. “Does Sheila have a role in the business?” I asked. No, she stays at home and spends the money.

Each morning brings a van load of online purchases to their front door.

    Business Valuations On Divorce

I advised him Sheila would want the business valued if it had assets. Valuations can be controversial and expensive. Maybe his company accountant could provide a valuation? Sheila might agree it. But if she didn’t, she would want a forensic accountant involved. Ideally they would jointly instruct one.

If it had a significant value Sheila could receive a larger share of other assets. Such as the savings or the family home. This would compensate her. And she’d have a hefty claim for maintenance too.

That’s if Ted’s eye watering boasts of his income were to be believed.

    Dealing With A Family Business On Divorce

He told me he had one final question. What difference would it make if he merged his business? A company was sniffing around. The managing director was planning his retirement. He’d promised Ted a shed load of shares. And a role for Sheila, too. And she reckoned she could make an even better job of running the business than Ted.

I advised Ted this could change everything. If the two of them ran it together she might want a share of it if they divorced. This applied to a limited company or to a partnership. But what would happen if the business couldn’t be split? The options were for one or the other to buy the other out. Or they could sell the business. They would need a valuation.

I reminded him about capital gains tax. 
The full tax implications should be considered if they decided to sell.

Ted wasn’t happy.

I told him maybe it wasn’t that bad. Perhaps he should consider a postnuptial agreement. He and Sheila could decide how all their assets should be split. And this could include their business assets and income. Collaborative law could help if they had trouble agreeing.

He said he liked the sound of that and would have a word with Sheila.

    How To Protect Business On Divorce

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial free of charge consultation on the question How To Protect Business On Divorce. In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post How To Protect Business On Divorce are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

Image by Pierre Dalous on Wikimedia Commons

Read the article

10 Points About Child Abduction, UK/EU Families & Summer Holidays

1. It’s the summer holidays and either you or the children’s other parent are planning to take them home to visit their grandparents. But if home is abroad, there could be more to worry about than just queues at the airport. Is there a risk of child abduction?

2.   Life has never been more complicated for families where one or both parents are from another EU country. Are you both planning to stay in the UK, or are you both planning to leave? It’s a difficult and painful decision to make.

3.   Perhaps you want to stay but the other parent doesn’t? The risk is the children will be taken abroad without proper consent, or won’t be returned from their summer holidays.

4.   If one of you wants to take the children abroad – even for just a holiday – this must either be with consent of the other parent or a court order. Otherwise it will be a case of child abduction, an imprisonable offence. This also applies if there is a child arrangement order and they are taken abroad without consent for more than twenty eight days.

5.   If parents cannot agree about taking the children on holiday abroad, or where the children are to live, it is vital to take advice from a solicitor experienced in international family law. Perhaps you will be able to reach an agreement with the help of mediation or collaborative law.

6.   If all else fails you will have to make an application to the court. The court’s top consideration will be the welfare of the children.

What Happens In The Case of Child Abduction?

7.   What happens if the children are either abducted to, or retained after a holiday in, another EU country? All EU member states are signed up to the Hague Convention. An application can be made for a court order they be returned.

8.   Where will the court case be heard? EU rules say it’s the country where the children generally live but when we leave the EU we will lose this rule. Will a court order made in the UK be enforceable in other EU countries? Yes, but after we leave the EU we will also lose this rule.

9.   The Government must incorporate these EU rules (and others which tighten up the Hague Convention), and make fresh agreements with the other twenty seven EU countries in order to make the rules reciprocal. Otherwise the effectiveness of our laws against child abduction will be undermined. To put it simply, children might not be returned.

10. After we leave the EU it will still be possible to pursue child abduction cases under the Hague Convention but unless the Government acts before we leave, life for international families in this country is set to become increasingly difficult and uncertain.

Contact us on 01962 217640 for a free telephone consultation on this or any other family law issue

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. If any of the circumstances mentioned in this blog might have application to you, you should seek expert legal advice.

image by Sara&Joachim&Mebe on Wikimedia

Read the article

6 Things You Need To Know About “Common Law Marriage”

common law marriage partner1.   There’s no such thing as common law marriage but there are steps you can take to protect yourself. Couples who live together have only a fraction of the protection afforded to those who are married.

2.   Unless your home is in joint names, and there’s a declaration of trust, there’s no automatic right to a share, or a fair share. If the worst comes to the worst it may be possible to come to an agreement by negotiation, mediation or collaborative law (or even by going to court) but it’s a legal minefield.

3.   Update your Wills regularly. If your partner doesn’t leave a Will you may end up with nothing and face a complicated and expensive application to the court with no guarantee of the outcome you expected.

4.   Children of separating cohabitees are treated the same when it comes to arrangements for where they’re going to live and who they’re going to see, and the Child Maintenance Service (the Child Support Agency) can help if the absent parent isn’t paying up. But there are significant differences when it comes to lump sum payments, property orders and extra maintenance, and there are special provisions under Schedule 1 of the Children Act.

5.   Nowadays pensions are of utmost importance. Would you be entitled to your late partner’s pension? It’s not guaranteed so don’t leave anything to chance, find out now.

6.   A cohabitation agreement offers some protection but will need regular updating and won’t be binding in court proceedings, particularly if there’s a change in circumstances such as the arrival of children. It also won’t cover for example your entitlement to your partner’s pension if your partner dies before you.

Phone me on 01962 217640 for a free 20 minute consultation on these important issues.

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. If any of the circumstances mentioned in this blog might have application to you, you should seek expert legal advice.

Pair of Mandarins by Francis C. Franklin on WikiMedia Commons

Read the article