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Samuel Phillips Law Blog

Month: October 2021

Family Law

What happens if I get back together with my spouse – can the divorce be stopped?

If you and your spouse reconcile at any time, even after the pronouncement of Decree Nisi (but before Decree Absolute) you can ask the court to cancel the Decree Nisi and dismiss the Petition. If you have a solicitor acting for you, make sure you inform them straightaway that you wish to stop the divorce.

Family Law

What happens to the family home upon divorce?

What happens to the family home upon divorce? There are various options you and your spouse can consider.

Family Law

Whats happens if I did not get a clean break order when I divorced?

A Decree Absolute ends your marriage but unless you have a clean break order, your ex-spouse could make financial claims against you in the future. Your ex-spouse could make a claim against assets and money you acquire after you divorce, for instance claim for a share of your bonus or inheritance or any windfall. There is no time limit for making a claim, so it could be many years before a claim is made by your ex-spouse.

Family Law

What happens to my pension on divorce?

It is usual for your pension fund to be treated as an asset that should be divided between you and your spouse upon divorce. This will not always happen. Particularly if you both have pension funds with a similar value.

Wills, Probate & Trust

How private is your Will?

The High Court recently ruled that Prince Philip’s Last Will and Testament is to be kept secret for a period of 90 years. This may have you thinking…

Family Law

What happens to debts on divorce?

As far as any creditors are concerned the debt belongs to the person whose name it is in. It is therefore imperative that you continue to discharge any debts in your sole name or you run the risk of a county court judgment and a poor credit rating.

Family Law

What happens if I have no money to pay a solicitor to help with my divorce?

If you are considering a divorce, a major concern is likely to be how you will pay for legal advice. At a time when finances are often already under considerable strain, fears about potential costs of legal fees puts many people off obtaining early legal advice.

Family Law

What happens to my child after I separate/divorce?

Ideally you and the other parent will agree living and contact arrangements for your child following your separation. Usually, differences of opinion can be resolved through conversation and compromise. Try to consider what’s best for your child and put your own feelings to one side. However, if you cannot reach an agreement, then the next step would be to attend mediation.

Family Law

What happens when my spouse/partner refuses to move out?

Living in the same property after a relationship has broken down can be very difficult and in some situations not safe. What is the best course of action to take?

Family Law

What happens to my surname when I divorce?

It is easy to assume that once you are divorced and receive your Decree Absolute, your name changes back to the name you used before you were married, however this is not the case.

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