Read the latest articles on Family Law from our expert Family Law solicitors here at Evolve Family Law in Manchester & Cheshire.

We put a lot of family law legal information on our website and if you have a single question about your situation, you should find an answer in this blog.

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Second Marriage Divorce

Second Marriage Divorce

If your second marriage is in trouble you may already know a bit about divorce and financial settlements because of your experience from the first time around. This time you may find that some things are different. Firstly, divorce law has changed. Secondly, your first husband or wife may have been very reasonable and this enabled you to reach a financial agreement. The situation may not be as straightforward with your second marriage divorce. In this blog, our divorce solicitors look at what you need to be aware of when ending a second marriage. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. No-fault divorce proceedings Divorce law in England has changed with the introduction of no-fault divorce and new divorce terminology. Family law solicitors no longer talk about divorce petitions or decree nisi or decree absolute. The new terminology is divorce application, conditional order of divorce and final order of divorce. Whilst you still need to have been married for at least 12 months before you can start divorce proceedings the remaining rules on divorce applications have been changed. You no longer have to say that your husband or wife committed adultery or behaved unreasonably to start divorce proceedings or wait 2 years from the date of your separation to start your divorce petition. Now, all you need to say in your divorce application is that your marriage has irretrievably broken down. You do not need to go into the reasons why. Applying for a joint no-fault divorce Another major change to the divorce process is that you can now apply for a divorce jointly with your husband or wife. You or they still have the option to bring an individual or sole application if one of you prefers to do so. Our divorce solicitors will normally recommend that you start the divorce proceedings either jointly or in your name if you want to get the divorce sorted out in your timeframe. You may be concerned that your estranged husband or wife may delay starting divorce proceedings if they are the ones given the task of starting the divorce application. Getting quick divorce advice is important if you are concerned about your estranged spouse selling the family business, cashing in investments or hiding assets. If you or your spouse are from overseas then you may need urgent advice on court jurisdiction and where it is best to start the divorce proceedings. Whether you decide that a joint or single divorce application is the best option for you the actual divorce process is similar. A divorce application must be filed at a family court and a fee paid. At Evolve Family Law we offer fixed fee divorce services for most divorce applications. The no-fault divorce process The no-fault divorce process involves: Divorce application - either a joint application or an individual application by one of you A wait – court rules say the applicant for the divorce must wait 20 weeks before they can confirm they want a divorce and go ahead with the no-fault divorce process Conditional order - the court makes a conditional order. This is the same as the old decree nisi of divorce Another wait - after waiting another 6 weeks, the applicant can apply for their final order of divorce (this is the new name for the decree absolute of divorce)No-fault divorces take about 6 months to complete from applying for the divorce to getting your final order but the no-fault divorce advantages are that you do not need to go to court to get your divorce order and you do not need to blame your spouse (or vice versa) to get your divorce. [related_posts] Second marriages and financial settlements In second marriages there is a good chance that you signed a prenuptial agreement before your second marriage. Your divorce lawyer will want to know if you signed one and the terms of the agreement. They will also want to know if anything has changed since you signed the prenuptial agreement or a postnuptial agreement. For example, the birth or adoption of children, the failure of a business or either you or your spouse suffering ill health or a disability. These are the sort of things that might lead to a family court saying that the terms of a prenuptial agreement should not be followed or not followed in their entirety. If you signed a prenuptial agreement, it should be possible to secure an agreed financial court order unless there are major changes in circumstances or you or your ex are saying that the terms of the agreement were unfair or there was no financial disclosure. If you did not sign a prenuptial agreement, it may still be relatively straightforward to negotiate a financial settlement by agreement if you are both keen to finalise your divorce and secure a clean break financial court order. Complexities can arise in situations where: You are paying spousal maintenance to your first spouse and your second spouse also wants spousal maintenance – you think there is a limit to how much you can afford to pay out in spousal maintenance Your ex-spouse wants a share of your pension but the pension pot was accumulated before your second marriage and your pension was your financial settlement from your first marriage as your first spouse got to keep your family home Your second spouse wants you to financially support your step children but you are still financially supporting your children from your first marriage Your ex-spouse wants to keep the family home as they bought it before the marriage. If they keep the family home and do not down size, they will not be able to pay you a lump sum as they do not have significant savings and they only have a limited mortgage capacity because of their age. You do not want to be left homeless as your mortgage options are also limited because of your age or because you are committed to supporting your children from your first marriage through their teenage years and through university There may be other reasons why it is hard to negotiate a financial settlement when coming out of a second marriage. Our expert divorce solicitors will be able to help you by talking to you about the circumstances of your second marriage, your assets and commitments, and then looking at the alternate financial settlement options. Filing for divorce using the Evolve Family Law One Lawyer Divorce Service If your separation from your second spouse is relatively amicable our One Lawyer Amicable Divorce Service may be able to help you both file for divorce and obtain an agreed financial consent order. This service is provided by specially trained family lawyers who comply with the guidance from Resolution (an organisation for family justice professionals who work with families and individuals to resolve divorce and family issues in a non-confrontational manner). The service is not the right option for every couple coming out of a second marriage but it can be ideal if you both ‘know the score’ and are both keen to reach a fair financial settlement with the minimum of fuss and no added costs being built up by your each receiving separate and different advice, For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.
greyturtle
May 08, 2024   ·   7 minute read
Jewish Divorce Solicitors

Jewish Divorce Solicitors

When you need divorce or family law advice it is important to go to divorce solicitors who understand your concerns and needs. With offices in Whitefield, Manchester and Cheshire our expert divorce solicitors can guide you through your civil and religious divorce and advise on all your family law queries. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. Divorce proceedings Whether you are a member of an Orthodox, Reform or Liberal synagogue, your Get may be more important to you than your civil divorce.  Our Jewish divorce solicitors recommend that you apply for both so the applications run alongside. With the introduction of no-fault civil divorce proceedings, it is harder for a husband or wife to object to a civil divorce. The other improvement in the law is that you do not need to blame your spouse for the breakdown in your relationship. To get a no-fault divorce all you need to do is file a divorce application saying that your marriage has irretrievably broken down. Your husband or wife does not need to agree with that statement for you to secure your divorce. In situations where a couple agrees that their marriage is at an end the law now allows the couple to jointly file for divorce. Not every couple can work together to obtain their divorce so our divorce solicitors can either help you as a sole divorce applicant or with a joint divorce application. No-fault divorce proceedings take around 6 months to complete. That is because the law imposes delays so you cannot progress the divorce proceedings until specific periods have elapsed during various stages of the divorce process. The divorce process involves applying for a conditional order of divorce (this used to be called the decree nisi). The civil divorce is not finalised until you get your final order of divorce (this used to be called the decree absolute). At Evolve Family Law we offer fixed fee divorce services for most divorce applications. Children law advice for Jewish divorcing couples In tough times for the community, it can be hard to find a compromise agreement over the best parenting arrangements for your children. That’s the case whether you are going through a recent separation and divorce proceedings or divorced many years ago. All parents can struggle at some point in their parenting journey about what is best for their children and as Jewish divorce solicitors we are experienced in advising on specific children law issues after a separation or divorce, such as: Whether children should be brought up in the faith and the extent of the child’s religious observance If children should be brought up Orthodox or Reform Whether the child should be brought up following strict kosher dietary compliance if one parent is not kosher Whether a child should attend a secular school Contact arrangements, Shabbat and festival days Holidays overseas and whether a holiday order is necessary because a parent objects to a child being taken on holiday to Israel or to see extended family in the Middle East Relocation orders if one parent thinks it would be best to move out of England and the other parent will not agree to the child being taken to live overseas These issues, and others, can crop up whether you are both practising or if one parent follows a different faith or has no faith. Tensions can arise making it hard to work out a compromise and agree on a parenting plan. Our family law solicitors can help you try to reach an agreement and record it in a parenting plan. If an agreement is impossible, we can help you apply for or respond to applications for: Child arrangement orders Holiday orders Relocation orders Prohibited steps orders or specific issue orders Child support or school fee orders [related_posts] Financial settlements One important element of divorce is sorting out a financial settlement and ensuring that your agreement is binding on both of you. Our family lawyers can help you with: Separation agreements Converting your negotiated financial settlement into an agreed binding financial court order Representation in a financial application for a financial court order We have substantial experience in financial settlements involving: Family money – parents or in-laws gifted or loaned money to buy the family home or to invest in the family business Family businesses where either one or both spouses and extended family work together in a family business or where a husband or wife may be an employee in the family business or an employee of a relative Family trusts where money has been advanced under trust arrangements Overseas assets ranging from holiday homes, second homes and investments The signing of a prenuptial agreement or postnuptial agreement and the husband or the wife do not think that they should be bound by the terms of their agreement now that they are separating and getting divorced Financial settlements after an overseas divorce Situations where you suspect your spouse has not disclosed assets, transferred assets to family or friends, or undervalued their assets so you do not get a fair divorce financial settlement Our family lawyers will work with your financial advisors and accountants to ensure we understand your financial circumstances and ensure that we help you achieve a financial settlement that meets your needs. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.
greyturtle
  ·   5 minute read