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Divorce law blog

Top Tips for filling out your Divorce Petition


02/10/2017   By: Eleanor Lowes
Filling out your divorce petition is the first stage in the divorce process which ends in obtaining your decree absolute, the final decree of divorce and your marriage being dissolved. It is important to ensure that your petition is filled out correctly as the court will reject applications where errors are made.

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I want a divorce but I am worried that my spouse lacks mental capacity, what can I do?


18/09/2017   By: Sophie Whitehead
If you have concerns about your spouse’s ability to understand and give consent during divorce proceedings, it is important to address this issue sooner rather than later. Any agreement that is reached with your spouse may later be deemed to be unenforceable if they did not have the required mental capacity to consent at the time that the agreement was reached.

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I want to change the locks on the house to keep my ex out. Can I?


07/08/2017   By: Danni Belbin
Unfortunately there is no simple answer to this. If you own your property jointly with your ex, then you should not change the locks without their agreement, even if your ex leaves your home voluntarily. This is because your ex has a legal right to re-enter and occupy the property.

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We’ve changed our minds halfway through a divorce. Is it too late?


20/06/2017   By: Holly Hill
If you and your spouse have decided to make a go of things again, it is possible to stop your divorce right up until the granting of your decree absolute. After this you will officially be divorced, your marriage will have been dissolved and there is no going back, unless you decide to remarry.

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Can my ex-spouse change their mind about our financial agreement?


12/06/2017   By: Eleanor Lowes
Until the court makes a consent order, the financial agreement between divorcing spouses is not legally binding. It is not uncommon for one spouse to agree to a financial settlement, only then to have a change of heart a few days, weeks or even months later. If you find yourself in this situation, all is not lost - it can be very difficult for your ex to go back on an agreement but it may involve having to go to court.

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What happens to my will after I divorce?


19/05/2017   By: Claire Molyneux
If you’ve just been through, or are going through, a marriage or relationship breakdown, making a new will is probably the last thing on your mind. But your existing will is unlikely to reflect your changed circumstances and it’s worth updating it sooner rather than later. The risk of not doing so is that, on your death, your assets don’t pass to the people you would like to inherit from you.

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Bank of Mum and Dad and the family home


12/05/2017   By: Camilla Highmoor
Last week, statistics were published by insurer Legal and General stating that parents will lend £6.5 billion to their children to help them onto the property ladder in the coming year; an amount similar to that lent by the UK’s ninth-biggest mortgage lender, Yorkshire Building Society. L&G predict that parents of buyers will be involved in 26% of all property transactions and provide deposits for more than 298,000 mortgages.

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What is Parental Alienation, and how can I avoid it?


28/04/2017   By: Camilla Highmoor
The psychological and emotional manipulation of a child by one parent against the other, parental alienation has recently been described by Anthony Douglas, chief executive of the Children and Family Court Advisory and Support Service (Cafcass) as “a form of neglect”. In extreme, but sadly not unusual circumstances, this form of psychological abuse leads to the long-term, or even permanent, estrangement of a child from one parent and/or other family members. Research shows that parental alienation can also increase the risk of the child developing mental and physical illnesses and the likelihood of substance abuse and addiction in later years

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How WILL I protect my assets?


06/04/2017   By: Caitlin Jenkins
“I have been cohabiting with my partner for years. We have no wills but surely they’ll inherit everything on my death?” What happens when one cohabitee dies? Our research revealed that 44 per cent of the cohabiting couples surveyed had not made a will. It is important to know what difference having a will makes because, unlike married couples, cohabiting couples have no right to inherit from each other under the intestacy rules.

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Safe as houses? The unmarried couple and the family home


05/04/2017   By: Nick Stone
“We’ve lived together as common-law spouses, do I have rights over my home now we’re separating?” Not necessarily. As shown by our recent survey, many people believe that unmarried couples who live together for a number of years have the same rights to property and financial support on separation as married couples. But there is no such thing as a common law marriage and the laws applied to divide a cohabiting couple’s property are very different from the laws used to divide a married couple’s assets.

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The information on this blog is not legal advice. You should not rely on it and we don't accept liability in connection with it. Please read our full disclaimer and let us know if you would like us to advise on any legal issue.