Biz-Care is a short-term, easy-in/easy-out employment law rescue package to support business owners and HR managers with bespoke, and current legal advice and guidance during the COVID-19 crisis.
We appreciate that crisis management combined with cash flow issues, adds extra strain to making decisions about your workforce. If not managed properly, knee-jerk or panicked decisions can ultimately end up with you in an Employment Tribunal. This is something we are committed to helping you avoid.
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Samuel Phillips Law Blog
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.
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.
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.
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.
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.
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.
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?
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.
A common problem within divorce proceedings is that one party simply refuses to cooperate and ignores the divorce petition. If you anticipate that your spouse will hold up the divorce proceedings or refuse to cooperate, it would be unwise to base your divorce petition on 2 years separation or adultery - which both require your spouse’s active involvement to progress the divorce.
Whether you are in the early stages of a separation or your divorce has been finalised it is important that your Will is up to date, to ensure that your estate is divided up in the way that you want.
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