When it comes to family law and divorce, things can get complicated in several ways. It is important to know what types of issues need to be resolved and that may affect one or multiple parties, including either spouse and potentially children as well.
Agreeing On Divorce
When partners decide to separate, either party is able to file for divorce. In order to file for divorce, the applying party needs to bring their case to a court. If both parties are in agreement for the divorce, they can collectively make the claim without the need for a judge. Otherwise, disagreement must be settled by a ruling party. If you are within Eastern UK, it is a good idea to speak to and have family law solicitors Suffolk represent you. You are by all means permitted to represent yourself in court. However, expert lawyers will have a better understanding of laws that are involved in divorce and separation..
Legal Rights To Your Home And Property
If you are married and choose to separate or divorce, both parties have an equal right to stay in the home you have together. If there is an issue or debate, you may have a judge decide that one party has entitlement over the other. While both parties have equal rights until a decision is made, the home is not open to being rented, subletted, sold or mortgaged without the agreement from both individuals. If there are children involved, the party holding custody may have priority over the assets.
Children
When a couple is together, both parties have equal responsibilities to provide ample care for children. This includes shelter, food, education. Upon separation, children must be cared for and be held responsible for. That responsibility can be arranged between parents, otherwise may be open to the court ruling. You may have full custody, joint custody, full or limited access to your children. Full custody gives you primary responsibility for all the children’s needs, while joint custody allows both parents to share that responsibility. Access means even though you may not have custody of the children, you are permitted the right to spend time with them. In some cases, the other party may be denied access or only permitted supervised access if a question of health and safety to the children is present. These agreements may change or be disputed if situations change over time.
Financial Rights
As a parent, you have a responsibility to financially support your children. You may also have financial responsibility to your spouse. These responsibilities can be due to factors such as time and energy spent caring for the home and children and if that party does not have the same opportunity for self care or financial earnings. Other factors might include age, employment opportunities, contributions to the family and one another, the time required to give proper care to responsibilities.
Divorce and separation are complicated matters. These cases usually involve a multitude of varying factors and can range from simple and collaborative to complex, drawn out and combative. When factors of children, home, and assets are involved, you may be looking at a longer process. It is always a good idea to seek out professional advice when it comes to cases of divorce and family.
