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Category Archives: Divorce

Pension and divorce – the overlooked asset

Pension and divorce – the overlooked asset A pension can be the second biggest asset in a marriage or civil partnership. But, they are often overlooked by separating couples. Why are pensions overlooked in divorce? Samantha Lee, Head of Family Law at Swain & Co Solicitors explains, “Divorce is an emotionally distressing life event. You want…
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Do you believe in Common Law marriage?

Do you believe in Common Law marriage? Common Law marriage is a myth. It does not exist! Findings from this year’s British Social Attitudes Survey[i][i] shows that nearly half of us think common law marriage exists. Common Law marriage refers to couple who live together having the same legal rights as a married couple. Samantha…
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Are divorce costs trapping you in marriage?

January is dubbed divorce month. However, it seems that divorce rates are decreasing. However, the sad reality is that many people are trapped in unhappy marriages. Why? Because they cannot afford divorce costs. According to figures from Aviva in 2018, separation or divorce costs on average £14,500. This is legal and lifestyle costs. This means…
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There is happiness after divorce

There is happiness after divorce Divorce is hard, there is no denying that. And, you may feel that there is no light at the end of the tunnel. But, there is happiness after divorce. You have to be open to it. A recent survey conducted by Style suggests there is a new breed of happy…
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Nearly a year to get a divorce

Ministry of Justice statistics reveal on average it takes nearly a year to get a divorce. This is despite the introduction of online applications and more centralised working. It is taking 26.7 weeks for couples to be granted a decree nisi. Then a further 24.6 weeks to reach decree absolute to finalise the divorce. That…
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Divorce law needs ‘urgent change’ in light of Owens vs Owens

Divorce law needs ‘urgent change’ in light of Owens vs Owens With the rare ruling in the divorce of Owens vs Owens, Samantha Lee provides her opinion on the case: “There has been so much incorrect reporting of this case. The Supreme Court had to apply the law as it currently stands. Mrs Owens started…
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Common Divorce Myths

If you are contemplating divorce, it may surprise you to realise that some decisions you are making are based on misconceptions. MYTH: I’m entitled to half of my husband’s/wife’s assets. The split of assets depends on a variety of factors. These include: Length of the marriage The ages of the married couple The earning capacities…
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Divorce and Christmas

Divorce and Christmas – not two words you might believe sit together. But, January is a busy time for divorce lawyers – but why? Many people find Christmas stressful. I know I do! There’s: Planning of presents Purchasing of presents Wrapping Dinner to plan Children’s activities and parties Family to visit The stress can have…
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Call for divorce law reforms: Owens v Owens

Divorce law experts are predicting that divorce law reforms will be called for following the unusual case of Owens v Owens. Mr and Mrs Owens were in the Court of Appeal the week of the 13th February 2017 and their case highlights the rigidness of the antiquated divorce laws. A family court ruled last year…
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Divorce news: New Year, Big Decision

January is commonly the busiest time for a divorce lawyer. One in five divorces are filed in January. It has been associated with Christmas, with claims made that being forced to spend ‘family’ time together highlights cracks in relationships leading to increases in enquiries into divorce. But, it is more likely that the big decision…
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