The divorce law encompasses all aspects of law associated with a legal termination of marriage. The divorce advice is always to consult a divorce lawyer in any legal separation, as divorce law is jurisdictional and varies according to the residency of the couple. Even though the divorce law is jurisdictional, in almost all cases, the court must officially certify the separation before it can become legal. Under certain jurisdictional divorce laws, the court's judgement to terminate a marriage can even be passed without the couple having to necessarily to attend a hearing.
Under most jurisdictional laws the grounds for separation are more or less the same, having been based on:
Unreasonable Behaviour, Desertion, Adultery, Separation with Consent, Separation without consent. The divorce advice is always to use a divorce lawyer (also known as a family attorney) with the relevant experience gained in the state that the couple are currently resident of. However, couples should only use divorce lawyers if they are adamant that separation is inevitable. This is because most divorce lawyers operate a profit-based business and as such have an invested interest in couples getting separated.
Divorce law - financial divorce advice (US)
It is difficult to give generic financial divorce advice to the residents of the US as every State has its own jurisdiction on the family law. These variations can range from an equal split of assets to one that is decided by the court of law based on the evidence presented. For example, the California Family Law requires all assets to be divided equally where as the division of assets in the state of New York is determined by family court. However, the alimony and support is one aspect of the family law that is almost always decided by the courts and is based on the evidence presented, irrespective of the State.
Divorce law - the children (US)
The children divorce custody disputes are often the most concerning for the couples, as the emotional and the psychological trauma of separation can have a long lasting impact on the children. Irrespective of the jurisdiction, the primary goal of any divorce law though is the welfare of the children involved. In passing judgement with regards to the child custodianship, the US family court of law requires that a Custody Agreement, or a Parenting, plan be submitted prior to any hearing. If a specific Parenting Plan is not submitted then the family court of law will pass custodianship judgement based on what is in the best interest of the child. A Parenting Plan must include:
- The parenting time (this is the physical custody of the child and can be shared between the parents)
- Decision Making (this is the parent with the custodianship, i.e. the parent with the legal custody rights)
- Transportation and Exchanges
- Annual Vacations and School Breaks
- Child Support
- A dispute resolution process
- Schools Attended and Access to Records
- Physical an Mental Health Care
- Contact Information in cases of Relocation and foreign travel
- Social Activities and school functions
- Overnights and Visitation
- Communication and Mutual decision-making
- Mediation and Arbitration
- Medical insurance and Related Expenses
- Contact with relatives and significant others
- Taxes and Wills
Divorce law - financial divorce advice (UK)
As with the US, UK family law is also jurisdictional and is dependent on the residency of the couple. Financial divorce advice in this section is primarily intended for residents of the England and Wales. With regards to the divisional of the assets in the event of separation, the family law in the UK does not necessarily grant an equal split. The exception being in circumstances where the couple are young or have not been married for long, and both have a potential to earn a reasonable incomes. In general however, the court will assess the financial liabilities based on the evidence presented and pass judgement accordingly. This approach also extends to any judgements passed with regards to the Alimony and the Support.
Divorce Law - the children (UK)
In UK (England and Wales), the children custody divorce advice is provided by a booklet called Parenting Plans Putting Your Children First. This booklet helps guide parents through the custodianship of divorce, and is produced by a public body called the Children and Family Court Advisory and Support Service (CAFCASS). CAFCASS has the responsibility to look after the interests of children involved in parental separation. Which it does by working closely with both the children and the parents, and subsequently making the necessary recommendations to the family court of law as to what is in the best interest of the children. Although, a large number of couples have found CAFCASS recommendations helpful, the advice given to the court have often been criticised by the fathers rights groups who claim that the organisation is biased towards women.
Divorce advice - Prenuptial agreement
Prenuptial agreements have become more common in the past few years, specially with in the US. This is a contractual agreement by a couple to provide protection against loss of assets or custodianship, in the event of a separation. There are two types of prenuptial agreements, the Marriage Prenuptial Contract and the Cohabitation Agreement. The Marriage Prenuptial Contract is designed specifically for people who are getting married, where as the Cohabitation Prenuptial Agreement is primarily used by couples living as cohabitants. There is also a Postnuptial Agreement for couples who decide to enter into a contract after they have got married.
PLEASE NOTE that despite a common belief, these types of agreements are not necessarily legally binding, and as such could potentially not be recognised by the legal courts. It is advisable that an attorney specialising in the divorce law is consulted before entering in any such agreement.
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