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Divorce tips from the experts
Ensure your divorce or separation is as fast and fair as possible without breaking the bank by reading the following tips from amicable’s divorce experts. 1. Know the basics To get divorced, you need to arrange three things: File the legal paperwork. Submit your divorce petition (form D8), apply for a decree nisi (form D84), and, once this has been processed, apply for a decree absolute (form D36). You may also file a consent order if you want to make your financial agreements legally binding. Plan your finances. Agree what will happen to your home; where you will both live; and what money, assets and debts you have to divide. Make a parenting plan. If you have children, you will need to agree on their living arrangements, how they will see both of you, who will pay for what, and how you will raise them. You can use the free online template at Splitting Up? Put Kids First. 2. Don’t rush your partner into it While you may be keen to get things moving, rushing your partner into a divorce could slow the process down, particularly if you are at different stages of emotional readiness. Allow time for your partner to catch up with you, and be mindful not to apply pressure. In the meantime, look at other options, like professional coaching or counselling support to help with the process of letting go and moving on. 3. Know the facts, remove the emotion The law isn’t concerned with who’s right and who’s wrong. The law is only concerned with the facts for the marriage breakdown. If you understand this when you begin the process, you will have a better chance of negotiating a settlement without a damaging and expensive legal process. It’s important to note that the reasons given for your marriage breakdown will not affect any of your financial or child arrangements. Read more about the divorce law process in the UK. 4. Don’t rush off to a solicitor There are many ways to divorce and different processes suit different people. Using a solicitor is usually expensive and can also create dependency and a barrier between you and your ex. Learning how to communicate with your ex can help you get through the process amicably without spending more than you can afford. If you have children or pets together, you’ll need to communicate after the divorce so it’s better to start learning how to do this effectively now as ex-partners. There is a difference between legal information and legal advice. This page is an example of legal information, whereas legal advice is personalised to you. It’s more cost effective to start by seeking free legal information and giving yourselves a chance to work things out. 5. Be realistic on how long the divorce process takes The divorce process can often take much longer than expected – this is one of the biggest causes of escalating costs. If you have never been through a divorce before, it’s unlikely you will have much idea of the steps involved. The UK court system is slower than you might expect – average processing times run between 20 and 22 weeks. Complete this form to get an idea of how long it may take you personally to get divorced. 6. Look forward Don’t spend your time, energy or money arguing over the past. Change the conversation from ‘How do we split our stuff?’ to ‘What do we need to do to be happy in future?’. Or, if you have children, ‘What we need to do to ensure our children are happy’. This can help to see what’s most important to you and put your focus on that. The author Kate Daly is a co-founder of amicable, the faster, fairer, fixed price way to separate and divorce. Kate is a divorce expert and helps couples and separated parents navigate divorce and separation amicably. She's passionate about changing the way the world divorces, and campaigns for fairer divorce laws and access to justice. To schedule a free, no-obligation call with Kate to talk through your divorce, please click here.
Article | divorce, amicable, legal rights
0 5 min read
“How do I leave him?”
This post was published by a Click user. Please feel free to respond in the comments below. We sometimes edit posts to ensure Click is a safe, respectful place to share stories and questions. _________________________________________________________________________________________________________________   I've been in a relationship with a borderline alcoholic with a narcissistic personality for about 3 and a half years. We live together but spent the last month apart. I went to stay with my mum with my two cats and left him the flat. His drinking has become a huge problem and a year ago I received a serious health diagnosis which I've been trying to come to terms with. The main problem is that he is more interested in going to the pub with his mates than helping me cope with all this. It got to a point where he was coming back late at night completed drunk, waking me up or making me wait up before I could cook dinner for us because he hadn't phoned to let me know he was going to be home late, tripping over the cats and being a general nuisance. My health condition was brought on by extreme stress and he is only adding to that. If I am suddenly ill and have to go to hospital, I can't rely on him to be able to care for me or even be sober enough to call for an ambulance. I'm back temporarily but I asked him to still give me my space. That includes sleeping in separate rooms. So far I've been packing my things down into boxes because I don't want to/can't afford to live in our flat anymore. I want to move back to my home town, which he has known about for a long time because I told him before our break. What I'm finding now is that he's not actually respecting my boundaries and is now actively looking for flats in my home town for both of us to live in. What he's not understood is the fact I don't want to be with him at all and I want to move on my own. I'm trying really hard to not disrupt the peace in our flat at the moment as it just creates a volatile environment for not only me but the cats too. I've considered just taking a day off work when I know he won't be at home and just moving all my stuff out. After that I'd tell him it was over when he can't do anything to stop me. Has anyone got any advice?
Ask the community | breakups, big changes
“Ugly divorce”
This post was published by a Click user. Please feel free to respond in the comments below. We sometimes edit posts to ensure Click is a safe, respectful place to share stories and questions. _________________________________________________________________________________________________________________   I'm 35 years old and currently in the first stage of divorcing after recently deciding that my relationship of 13 years (7 years married) had to end. In the last 3-4 years my wife and me really grew apart and have started living separate lives. Whereas we were able to have good conversations in the past, this has been completely absent in the last years, years where personally I needed to be understood by my partner as I was facing a lot of stress due to work and an international transfer. At the same point in time we got our first child together which obviously added to the stress levels, and changed the way we were around each other. I have tried many times to tell her that I was missing attention from her, even though I eventually (this took me 6-12 months after birth) understood that the dynamics of our relationship had changed due to the introduction of our daughter. Unfortunately things did not improve at all, and we got into more and more fights (with words only, never any physical action), which led me to take more distance from her at the end of last year. This increased distance opened the door for me to make a mistake I had never thought I would make, I had an affair for a good 3 months. The affair has now ended, as we had started to seriously talk about us in the last few month. A process in which I confessed to her that I had an affair, and that my reason of initiating it was that I had already given up on our relationship. In this period we spoke a lot about the feelings we experienced in the last few years, and tried our best to have more time just for us. (so arranging childcare to be alone together). But even though talking about everything felt good and helped to relieve built up stress, it did not help me to get back some of the feelings I had for her. In the entire period I had very sparse moments where I felt there was an opportunity to move on, versus the vast majority of the time feeling it had to end. Two weeks ago I took the decision of completely ending our relationship as I have no more feelings for my wife, and am unable to see us having a happy and good future together for the next 40 years. As we are too distant from each other and don't really have shared interests. This decision caused a massive change in her behavior towards me, and she hasn't spoken a normal word to me since. The few times I have tried to speak about things, this immediately (give or take 30 seconds) escalated into shouting from her side, even with our young daughter present. The only thing she will tell me is: speak to my lawyer. At present the situation at home can best be described as absolute hell, we completely ignore each other and can't even be in the same room without her starting to be hostile. Therefore I have started to move out to a room in the neighborhood, hoping that more time apart might help to settle things down, whilst still being close enough to be able to assist with anything if required. I want the best for our daughter in the future and feel we need to make good arrangements about everything in order to accommodate her as good as we can. But I really struggle with my wife's behaviour as this makes it impossible to discuss potential arrangements in good fashion. Probably I need to give her more time to calm down, but she want to rush things and get divorced asap to get rid of me. What are my options here?
Ask the community | breakups, big changes
Mediation Information Assessment Meetings
Attending a Mediation Information and Assessment Meeting (MIAM) is now a requirement for most people wishing to take divorce proceedings to court.Before you can start court proceedings over money, property, possessions or arrangements for children, you must usually have attended a MIAM. These meetings are designed to offer help and useful advice. How MIAMs work At the meeting, a mediator will try to work out if mediation can help both parties reach an agreement. Depending on your preference, you can attend the meeting alone or with your husband, wife or civil partner. During the meeting, you’ll be able to find out more about mediation and ask questions about the process. They can also give you advice on other services that may be able to help you. After the MIAM After the meeting, if you and the mediator feel that mediation can help you reach an agreement, you can start mediation sessions. If you are not going to start mediation sessions and you decide to apply to court instead, the mediator will need to sign the court form. When you won't be expected to have a MIAM The court won’t expect you to have attended a mediation meeting if: A mediator doesn’t think the case is suitable for mediation and has said so within the past four months. Either of you has made an allegation of domestic violence against the other within the past 12 months and police investigations or civil proceedings were started. Your dispute is about money and either of you is bankrupt. You don’t know where your husband, wife or civil partner is. You want to apply for a court order but for specific reasons don’t intend to give your husband, wife or civil partner any notice. The court application is urgent because someone’s life or physical safety is at risk or a child is at risk of significant harm. The order is about a child who is already involved with social services because of concerns over their protection. You’ve contacted three mediators within 15 miles of your home and are unable to get an appointment with any of them within 15 working days. Source: www.gov.uk
Article | mediation, divorce
1 3 min read
What is arbitration?
Arbitration is an alternative to court where a separating couple appoints an arbitrator to make a decision on any financial or property-related issues.   It is different to mediation and collaborative practice because it will fix a final and legally binding outcome to the case (usually referred to as a ‘final award’), rather than the decision-making resting with you and your ex-partner. As with mediation and collaborative practice, you can’t be forced into arbitration. You must either agree who will arbitrate the issue, or have an arbitrator appointed from an independent panel. Once both of you have decided to use arbitration, the only way to stop the process before the final award is if you both agree. Generally, there is an initial meeting where information is given about arbitration and, if you both want to use it, the steps to the final award are fixed. Because the process is tailored to the issues involved, it is usually very much faster than the court process and can be a lot less expensive. The arbitrator can deal with very specific financial aspects of the separation, or with all of them. This is up to you. Arbitration is confidential and the time and location of hearings are flexible. Who are arbitrators? Arbitrators are usually barristers, solicitors, or retired judges who have trained and qualified as a family law arbitrator with the Chartered Institute of Arbitrators. They also must work to a set code of ethics as family law arbitrators. How much does arbitration cost? The cost of arbitration varies across the country and from arbitrator to arbitrator. If you choose to go down the route of arbitration, the cost will be something you and your ex-partner need to consider. Do I need representation? It is possible and sometimes easier to present your own case in arbitration than at court. The procedure is more informal but there are benefits in having support and advice through the process. You should bear this in mind if you are thinking about family law arbitration as it would be an additional cost. How do I find an arbitrator? You can search for arbitrators via the Institute of Family Law Arbitrators. What are the risks? There are risks with an appeal process, just as there is at court. Where an appeal process is needed, such as if the arbitrator has not acted properly or within the rules of arbitration, enforcement of the award may involve additional steps and therefore further costs. The risks and benefits are something that will be explained and can be considered at the first meeting so that you can decide if arbitration might work for both of you and your circumstances.
Article | arbitration, divorce
0 3 min read