March 05, 2021 | Posted by :
J Morris |
Divorce
Around 1.4 million couples in the UK are also joint owners of a company, but when you are partners in business as well as marriage there can be added complications if your relationship comes to an end.
For couples who own a business together, their finances, assets, and future employment may all be tied up in the company, making splitting things fairly somewhat complex. It’s common for spouses to be 50/50 shareholders but divorces don’t always result in a 50/50 split, and sometimes decisions about what happens to a business after separation cross over from family law into corporate law.
There are, of course, many variables when it comes to dealing with a business in divorce—some situations may be relatively ...
March 01, 2021 | Posted by :
J Morris |
Divorce
Dealing with the breakdown of a relationship under pressure during the pandemic is no small feat—especially when you may be unable to make any practical changes to your situation for the foreseeable future. Delays to the family court, lockdown restrictions, financial concerns and employment uncertainty are putting many couples’ separation plans on hold, while others are still undecided over whether they want to split, left in the limbo of not knowing if it’s the stress of the current circumstances that’s the problem or if there really are underlying issues in their relationship.
If you’re struggling but stuck living together for the time being, a ‘sleep divorce’ might help to give you both some space to consider your situation, your ...
February 08, 2021 | Posted by :
J Morris |
Divorce
Despite what media coverage of celebrity splits might have you think, there’s no such thing as a ‘quickie’ divorce, although the new option for No Fault Divorce due to come into effect this autumn is aiming to simplify and streamline the process. Until then, however, the options for divorce are:
Live apart for at least 2 years (if both of you agree to the divorce) before lodging a petition
Live apart for at least 5 years (if one of you objects to the divorce) before lodging a petition
Lodge a petition based on behaviour, adultery or desertion, providing ‘facts’ for why you want a divorce
‘Behaviour’ is the most common ground for divorce and may cover a wide range of reasons that ...
February 05, 2021 | Posted by :
J Morris |
Divorce
As of 31st December 2020, new rules will be applied to international divorces due to Brexit. If you and your spouse are of different nationalities, have a second home, live or work in Europe, your approach to separation will need to take into account these changes to avoid additional complications and costs.
Previous rules incorporated EU regulations which follow a ‘first past the post’ approach, i.e. the country in which proceedings are issued first has the priority, but the new rules state that if divorce petitions are filed in two separate jurisdictions, the country to which both parties have the ‘strongest links’ will hear the divorce case.
This is something of a grey area, and may vary from couple to ...
January 08, 2021 | Posted by :
J Morris |
Divorce
Approximately 40% of all divorce petitions are submitted online, and it’s highly likely that percentage has increased since the start of the Covid-19 pandemic. Submitting a petition online can be convenient and quick, but there are also some drawbacks to weigh up before you proceed.
The online application process was set up with an aim to make things easier and more accessible for couples wishing to separate in response to rising numbers of litigants in person. However, the main issue with this is that most people don’t have the resources or knowledge to adequately represent themselves, and even the simplest online system will not fix that.
In all cases, it’s highly recommended that you speak to an experienced solicitor before ...
December 18, 2015 | Posted by :
J Morris |
Blog
Dividing your assets during divorce can be difficult enough without the added complication of sorting out a shared business. But as increasing numbers of people turn to self-employment, many couples also end up as business partners. When it comes to divorce, deciding what to do about your company can be tricky: do you dissolve it and divide the proceeds; should one of you buy out the other; or will you risk leaving the decision to the court?
When you’ve worked hard to build a business, you may dread the prospect of losing it during separation – but divorce does not necessarily mean the end of your ...
May 31, 2015 | Posted by :
J Morris |
Blog
During divorce and separation, ‘negotiation’ too often devolves into petty squabbling and pointless delay tactics. Finding a way to negotiate in a practical and effective manner is not about getting your own way or fleecing your ex for all they’re worth – it’s about resolving the breakdown of your relationship and moving on. Here are a few tips on negotiating successfully throughout the separation process, whether you’re using mediation, arbitration, collaborative family law, or divorcing through the court:
Make use of your solicitor’s advice and experience. Remember, they’re on your side, even if they have to tell you what you don’t want ...
April 04, 2015 | Posted by :
J Morris |
Blog
Family Law organisation Resolution is calling for a change to the procedure of separation to remove the compulsory implication of blame. Resolution’s proposal suggests a new process in which individuals may ‘give notice that marriage has broken down irretrievably’ as an alternative to assigning blame via the existing grounds for divorce. Under this proposed process, six months after making an official statement of intent, if both parties are in agreement that they want to proceed with the divorce, the decision will be legally finalised.
Currently, to apply for a divorce without a waiting period, one party must bear responsibility for the breakdown of ...
March 04, 2015 | Posted by :
J Morris |
Blog When a relationship comes to an end, the first major issue most couples need to tackle is their living arrangements. Dealing with property law can be a complicated process, and it’s always best to seek the advice of an experienced family lawyer before you start making decisions. Your housing rights will depend on your marital status, any dependants, and whether you own or rent your home.
If you own your home outright or have a mortgage and both your names are on the title deeds:
You and your ex-partner both have a right to stay in the home if you are both legal owners;
You may also return to the home, even if ...
January 26, 2015 | Posted by :
J Morris |
Blog
While still relatively rare, the use of social media evidence in divorce cases is becoming more and more common. In the last five years, content from social networking platforms such as LinkedIn, Facebook, Twitter and personal blogs have been used in family law cases to help resolve disputes. In order to reach a settlement, the process of family law takes into account a person’s lifestyle, including social behaviour, spending habits, capability as a parent, employment history, and financial standing. The way a person conducts themselves on social media may reveal stark contrasts to what they have claimed to their solicitor or ex, ...
