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Half of All Divorcees Regret Their Decision, Study Claims

Half of all people that have become divorced regret their decision to end their marriages according to a recent survey. As part of the study, researchers interviewed 2,000 participants from throughout the UK all of whom have either obtained a divorce or decided to end a relationship that had lasted for five years or more. The study revealed that 50 per cent of respondents regretted their decision to end their marriages or relationships, with a further 54 per cent stating that they were unsure of whether divorcing or separating from their partners had been the correct decision. In contrast to these findings, though, half of all respondents claimed that they believed that they were more content than they were prior to their divorce. Of those that took part in the study, 20 per cent claimed that they regretted their decision to end their marriage immediately, whereas 19 per cent reported that they regretted their decision within one week. Ten per cent of respondents claimed that they did not regret their decision for more than one year of their relationships or marriages having ended, however. 56 per cent of respondents reported that they believe that they did not value their marriage until their divorce had been finalised and 46 per cent claimed that their divorce made them realise that they had undervalued their partners. The survey also discovered the main reasons why individuals regretted divorcing or separating from their partners with the top three reasons being missing a partner, feeling like a failure and still being in love with the other party. Other reasons included feeling lonely, discovering that a former partner had formed a new relationship and the divorce having had a negative impact on any children that may have been involved.

How to Avoid Divorce from the Department of Education

Couples can avoid divorce if they make cups of tea for one another, leave romantic notes for each other around their house and run baths for one another according to a campaign funded by the Department of Education. The love nuggets programme – which was designed by charity OnePlusOne, who received nearly £3 million in funding to develop the campaign – is designed to encourage couples to proactively maintain and strengthen their relationships through romantic gestures and compromise rather than merely seeking support such as counselling when they begin to experience problems. Anyone that is interested in the advice in question can visit the love nuggets website where they can view various suggestions, hints, tips and tricks on how to be more romantic and improve their relationships. The campaign’s creators have described it as a means of helping people to 'uncover and celebrate the everyday things people do that make a happy relationship’. A few of the tips provided by the campaign include going to see a film that your partner wants to see but you don’t, dressing to impress and making them breakfast in bed. The campaign has been criticised, however, with many commentators arguing that the advice it provides is simply too superficial and fails to address the real causes of divorce and separation. Penny Mansfield of OnePlusOne feels differently, however, claiming that the love nuggets programme will help couples to pay more attention to the subtle things that can keep a relationship healthy and strong rather than becoming caught up in the problematic matters that crop up throughout their daily lives. She further claims that it is small acts of kindness that help spouses to enjoy a deeper connection, demonstrate their commitment to one another and also to resolve disagreement and conflict. OnePlusOne have received a total of £2.7 million in funding from the Department of Education and their current campaign has received the backing of popular relationship sites such as Netmums and dad.info. The Guardian have reported that the love nuggets programme has cost a total of £45,000, meaning that a significant portion of their assigned budget remains and that further efforts to improve the nation’s marriages and reduce its divorce rate are certain to follow.

Couples with Daughters More Likely to Divorce

Couples that have daughters are more likely to find themselves divorced according to the results of a study conducted by scientists at Duke University, North Carolina. Whilst this pattern has been identified previously – with many arguing that this is proof of the fact that men prefer sons – however, this study produced a very different explanation for this trend. The scientists involved in the study have discovered that female embryos are more resilient than male embryos and are therefore more likely to survive stressful pregnancies. Researchers have also noted that, should a mother find herself in an unsatisfactory relationship, that she is likely to produce a larger amount of the stress hormone cortisol. This, in turn, can affect an embryo but, as female embryos are more resistant , they are more likely to survive. Researchers therefore proposed that girls are simply more likely to be born to couples whose relationships are already troubled. The study also revealed that couples that had stated that they had experienced problems within their relationship were also more likely to have daughters in the years that followed. In order to conduct their study, researchers relied on longitudinal data gleaned from a sample of American citizens from 1979 to 2010. The study’s authors also concluded that, as a result of their findings, it may be worth conducting further studies in order to determine how such circumstances affect outcome other than divorce.

Londoners Can’t Afford to Divorce!

As many as 42,000 London-based couples are unable to get divorced as they feel that they would be unable to afford to live in the capital if they separated from their partners according to a survey conducted by IllicitEncounters.com. The site, a niche dating service for individuals seeking extra-marital affairs, currently have 110,000 members located in London, 38 per cent of whom reported that they had put off a divorce as a result of rising house prices and had instead sought an affair. One respondent – located in Highgate, North London – claimed that both she and her husband would have separated two years ago but for the fact that they would both be required to rent new properties and that, as this would cost them both more than their current mortgage, they would both be unable to maintain anything even remotely resembling their current quality of life. She admits that having an affair is not an ideal solution to the problem but that, for the time being, it meets her needs and also provides her with the opportunity to meet men who are in a similar situation to herself. A spokesperson for IllicitEncounters.com added that the site has seen a significant increase in the number of Londoners that are joining as a result of rising property prices having forced them to remain in marriages that they would prefer to end.

Can we Divorce if we Still Live Together?

Thanks to rising house prices and the cost of renting, stagnant wages and a population that still has very little faith in the economy, it should come as no surprise that more and more people are querying whether or not they will be able to get a divorce whilst still sharing their matrimonial home with their spouse. Fortunately, it is possible, but you and your spouse must be living separate lives. To put it another way, you must be living in separate households whilst sharing the property. Yes, we know it sounds strange, but this is the terminology used by legal professionals and the court alike and, once it’s been explained to you, it should make perfect sense. The first thing that you need to do is think of property and households as separate things. A property is simply a building comprised of bricks and mortar within which people can live. A household, on the other hand, is not a property but a collection of people who not only live together but share common goals and work towards these together. Individuals living in a household are therefore, to all extents and purposes, sharing their lives with one another and not merely living together. So, if you separate and continue to reside in the same property you will need to be living in separate households in order to file for and obtain a divorce. This means that you cannot share a bedroom, prepare meals for one another or eat together, socialise together, share bank accounts or complete tasks for one another. If you do engage in such behaviour, you and your spouse will be deemed to still be living in the same household and your application for a divorce dismissed. Fortunately, with a well drafted divorce petition that outlines your arrangements in detail, it is extremely unlikely that it will be necessary for you to provide any further proof of how you and your spouse live separate lives to the court. It is for this reason that, if you intend to file for a divorce and you and your spouse do still live in the same property, it is highly advisable that you obtain professional help. Fortunately, with Quickie Divorce, you can get just that without needing to pay extortionate solicitor’s fees. If you’d like advice on divorcing whilst sharing a property, or any other matter concerning divorce, click here to request a call from one of our advisers.

Divorce Law Should Determine Custody of Pets, Experts Claim

Our pets are, to the vast majority of us, part of the family and are viewed as significantly more important than the other items that will need to be divided amongst a couple in the event of a divorce. In fact, many people regard their pets as being just as important as their children and, as a result, the decision of with whom they will live is often a cause of dispute. In spite of this, however, pets are still regarded as possessions by the courts and the decision of who a pet should reside with is determined not in accordance with which spouse is better placed to care for them, but which spouse has a stronger claim regarding ownership of the animal in question. Now, though, Deborah Rook, a leading legal academic, has called for the law to change and for the courts of England and Wales to utilise a test similar to that currently in use in both the United States and Israel where, as well as viewing a pet as property, judges are also able to consider what is in the best interest of the animal; much like the test that is applied when considering what is in the best interest of a child in custody disputes. Ultimately, Rook argues that, as pets are sentient beings and that the vast majority of individuals who own pets regard them to be part of their family, current law fails to recognise that pets are a ‘unique’ type of property and that more advanced and sophisticated laws are needed to determine with whom a pet should reside in the event of a divorce. What do you think? Should pets be viewed as property in the event of a divorce or do current laws need to change in order to reflect how we view our pets? Let us know your opinion be leaving a comment.

Bill Could Make Life Easier for Divorcing Couples

A bill proposing changes to the laws that govern the manner in which assets are divided during a divorce has recently passed its second hearing in the House of Lords according to reports. The Divorce (Financial Provisions) Bill received its second reading on the 27th June, with a number of peers having spoken in support of the changes it proposes+. The bill has been designed to simplify the process of dividing assets in the event of a couple divorcing by making the process 'simpler, more certain and democratic'. Baroness Deech, who introduced the bill to the house in February, has previously criticised the laws that currently govern financial provision on divorce claiming that they persuade less affluent spouses to rely on their partners for financial assistance following separation. It has been proposed as part of the bill that any order for periodical payments from one spouse to the other be limited to a maximum of three years and should also only be awarded in the event of a lump sum being insufficient to allow the receiving party to commence an independent life without suffering hardship. Prenuptial and postnuptial agreements would also become legally binding, provided both parties had sought legal advice before agreeing to the relevant caveats, in the event of the bill being passed. It is also hoped that simplifying such laws will make it easier for self represented litigants to negotiate their own agreements following the withdrawal of legal aid.

How Long Does a Do It Yourself Divorce Take?

We’ve written about how long it takes to get divorced previously but, as this article discussed the timeframes that apply when someone uses a service such as Quickie Divorce, we thought we’d let you know how long your divorce is likely to take if you do all the work (i.e. complete your documents, file them etc.) yourself. Generally (though it’s important to note that this may not always be the case) people that complete their own paperwork are likely to make mistakes which will inevitably result in delays. Equally relevant is that these errors may also result in an amended petition being required which will not only delay the divorce, but will also result in an amendment fee of £95 needing to be paid to the court. Amongst the most common errors present in paperwork that people complete without assistance include their place of marriage (which must match exactly what is written on their marriage certificate) and a lack of information being placed within the Details of Allegations section of the petition such as failing to state the date on which they and their spouse separated (which is required regardless of the ground on which they are filing), not providing sufficient examples of unreasonable behaviour or not stating when they discovered that their spouse had committed adultery. Additionally, as DIY divorcees do not fully understand the process of legally ending their marriages, it is certain that it will take longer for their divorces to be finalised. A number of forms will need to be completed and submitted to the court at the correct time and it will therefore be necessary for anyone conducting their own divorce to research the procedure. The time that they spend conducting such research will, of course, need to be taken into consideration. Furthermore, it can be extremely frustrating when the answers that are being sought prove to be difficult to find. Ultimately, when people handle their own divorces, the process is likely to take between six to nine months – significantly more than the 12 to 16 week average timeframe enjoyed by customers of Quickie Divorce.

Can You Avoid Divorce Court Fees if You Have Savings?

Prior to October 2014, individuals that wished to file for a divorce would not be required to pay the court’s fees if they received certain benefits or if their annual income was less than a specified amount.

As of October 2014, however, it was decided that those who were applying to have their court fees waived or reduced would first be required to prove that they were not in possession of disposable capital of a certain value – but what does this mean exactly?

To put it simply, this new rule means that in order for an individual to have the court’s fees for a divorce either waived or reduced they must show that they do not have savings or possessions (which they could reasonably be expected to sell) that are worth more than a certain amount.

In the case of the fees for divorce, which stand at £550 at the time of writing, an individual with savings/disposable possessions worth less than £3,000 will be entitled to apply to have their court fee waived or reduced. On the face of things, this may seem simple, but there are a few forms of capital which an individual does not need to disclose to the court when making such an application.

If, for example, the applicant owns a business, then they do not need to consider its value when making an application. Equally important is the fact that the value of a person’s primary home (the value of second homes must be disclosed), their primary mode of transport, the contents of their home, the cash value of any insurance contracts or money accrued from a student loan, grant or awards for injuries suffered or unfair dismissal by an employer should not be considered disposable capital. Redundancy payments, any cash held in any kind of savings account, stock or shares or accessible trust funds must be, however.

In short, having savings alone does not mean that an individual will be required to pay court fees when filing for a divorce.

How to Pay the Court When Filing for a Divorce

When filing for a divorce, you will – unless you are exempt – be required to pay a fee to the court. The amount can differ depending on your disposable monthly income but will not currently exceed £550.

These fees can be paid via a cheque, postal order, bankers draft or, if you intend to physically submit the forms to the court, by card. As cheques are gradually being phased out of circulation (many of our customers inform us that they no longer have a chequebook), that neither postal orders nor banker’s drafts are free and many people wish to post their documents to the court, however, many of our customer ask whether there is any other way that they can pay their court fees. Fortunately, there is!

Whilst it is inadvisable to send cash through the post (and the courts do not accept cash payments) the courts can take card payments remotely. As a result, if you wish to pay your court fees by card then, along with three copies of your completed divorce petition and your original or a certified copy of your marriage certificate, you should also send the court a letter stating that you wish to pay the fees by card. The letter should also state your contact details and a convenient time for the courts to contact you.

Following the courts having received these, they will contact you and you will be able to pay your court fees there and then.

Barristers Suffer Reduction in Pay

They may traditionally be regarded as high-earners, but figures from HMRC have revealed that barristers’ wages have fallen by 12 per cent over the past two years.

The average annual wage for a practising barrister after expenses stood at £108,000 over the previous tax year (2013-2014), compared with £113,000 in 2012-2013 and £123,000 in 2011-2012, representing a fall of 12 per cent over the two-year period.

It is believed that the withdrawal of legal aid for several matters is believed to be the main cause of this, with individuals no longer entitled to claim financial assistance for matters such as divorce, employment disputes and clinical negligence claims.

Additionally, a large number of individuals have chosen to join the profession over the last two years with an additional 24,000 people having opted to become barristers over this period.

These recent figures raise concerns, however, with it also having been noted that barristers face difficulty receiving payments that they are owed as well as falling wages. Peter Alderson, of finance provider LDF notes: “Late paying clients are also proving a real problem for barristers, which means a barrister’s cash flow can hit extreme peaks and troughs throughout the year – if a tax bill hits during a trough, many barristers could find their backs against a wall.”

Divorce Advice: Do the Courts Return Marriage Certificates?

As part of the divorce process, it is necessary for the Petitioner to send the courts either their original or a certified copy of their marriage certificate along with a completed Divorce Petition in order to begin the procedure. Understandably, many of our clients ask us whether or not their marriage certificate will be returned to them following them having received their Decree Absolute and their divorce having been finalised; so we thought we’d let you all know the answer to this question via our blog.

Generally, the courts do not return marriage certificates following a divorce having been finalised as both the Petitioner and Respondent are sent a document (the aforementioned Decree Absolute) confirming that their marriage has legally ended. This document not only serves as proof of the fact that the couple in question have been issued a divorce, but also that they were once married should any such proof be required.

In the event that either the Petitioner or Respondent wish to keep a copy of their marriage certificate for any reason, then they may either contact the court and request that they return the document to them or, alternatively, contact the relevant register office and request that they issue them with a certified copy of the certificate for a small fee.

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