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Heidi Montag and Spencer Pratt to Divorce

2010-08-16T07:30:00.000-07:00

Heidi Montag and Spencer Pratt have been quite famous in the United States for several months. Now the couple has made the news again, only this time the news is bad. They have officially filed for a “dissolution of marriage” at the Santa Barbara Superior Court. They have already had six weeks of legal separation.
Spencer told the news media the marriage was only for cameras for the last few weeks. He stated that he loves Heidi, but that the marriage was a show. He said it was part of the Hills World and that is on the sound stage. The couple apparently married in April 2009, after their on camera relationship. In fact the “sham wedding” was aired on camera as part of the Hills.
However, the marriage is legal and though there was a “fake” wedding on the Hills, they did in reality marry. Heidi has made headlines for other things besides her marriage and divorce. In fact she supposedly underwent ten plastic surgery operations in one day in order to make herself a living Barbie doll.
The surgeries were just another issue according to friends that she has with the divorce. Heidi was supposed to be in a reality show with her best friend Jen Bunney, but the show is cancelled because she pulled out. Bunney told online media sites Heidi went through people to stop the show and she didn’t learn about it directly from Heidi. Bunney felt it was the divorce that made her act out and stop the show.
Heidi has not talked with the media regarding any of the current issues. Instead, she is trying to stay out of the media frenzy about her divorce and any other things that she is up to at the moment.

Divorce Process

2010-07-30T06:37:00.000-07:00

Currently when there is a divorce in England or Wales it can be assumed that the breakdown of a marriage is beyond repair. There are several legal reasons why you can divorce in the UK, these are:
-Desertion
-Cheating on your spouse
-Unreasonable behaviour
-Separation
The main one of these which people use as a ground for divorce is unreasonable behaviour because it can be seen that in most cases both spouses can be accused of unreasonable behaviour, and for this reason it is the quickest way to get a divorce. When one of the parties has made the decision that the marriage is finally over, then he or she would rather get the divorce as soon as possible. And there are a number of reasons why it is a good idea not to delay.
There are many other complications which go hand in hand with the divorce procedure and the majority of people who are either contemplating a divorce petition or who have received one should always seek some expert legal advice so that they can fully understand what is involved in this and what issues could be included. One of the main issues which often causes the most confusion and stress is money which is tied up between both of the parties, and if there happen to be any children.
These two issues are totally independent from one another and have very little to do with the procedure, they are both dealt with on separate levels and use a completely different process.
Divorce petitions can always be contested, although it is rare and the large majority of solicitors would only recommend this if there is something to be gained from it in the outcome.

Divorce

2010-07-23T03:47:00.000-07:00

Divorce in England and Wales can be granted on the basis that the breakdown of a marriage is irretrievable. There are five grounds which are currently acceptable in the UK which can be used in the breakdown of a marriage, these are:
- Desertion
- Adultery
- Unreasonable behaviour
- Separation after two years with consent
- Separation after five years without consent
It is known that most people use the ground of unreasonable behaviour when filing for divorce because it can often be found that on both sides people can be accused of behaving in an unreasonable manner and it is for this reason that it is seen as a quick route to get the divorce needed. When one spouse has made the decision that the marriage is over, then he or she would rather divorce sooner rather than later. And there are a number of reasons why it is a good idea not to delay.
There are many other issues which surround divorce and the majority of people who are either thinking of issuing a divorce petition or who have received one should always look at getting some legal advice so that they can understand what is involved and what issues could be included. The issue which often causes the most confusion and anxiety is the financial problems between both of the spouses, and if there are any children which are involved. These two issues are totally separate and have very little do with the divorce process, they are both dealt with totally independently and using a completely different critieria.
Divorce petitions can in some cases be contested, although it is uncommon and the vast majority of solicitors would only advise this if there is something to be gained from it. These cases are rare, although sometimes there is a good enough reason to file a cross petition.

Divorce Statistics

2010-07-15T06:02:00.000-07:00

Divorce statistics have hit an all time low, and has fallen to its lowest rate since 1981. The divorce provisional rate in England and Wales dropped to around 11.9 divorcing people per 1,000 in the married population, which when was put next to 12.2 figure in 2009 shows that the divorce rate this year has been seen as its lowest yet.
For the fifth year running, both men and women in their mid to late twenties seemed to have the largest divorce rates between all five year age groups. In the year 2009 it was found that there were 26.6 divorces happening between married men between the ages of 25-29 and the divorce rate was 26.9 for women in the same age group.
Since the year 1997 the age for divorces averaged between 40.2 to 43.7, in this country for men, and for women it was 37.7 to 41.2 years, this showed the rise in age for couples getting married.
In 2007 it was found that one in five women and men who filed for divorce had also had a previous marriage which resulted in divorce, this has more than doubled in over 27 years. In 1980 it was estimated that one in ten men and women who were going through the divorce process had a previous marriage resulting in divorce. And sixty-nine percent of divorces were to men and women where it was the first marriage for both of them.
In 2009, 68 percent of the divorces filed were brought on by the wife. And for all the divorces which had been granted to one person (rather than to both spouses), it was discovered that behaviour was the common factor involved.

Divorce

2010-07-06T02:39:00.000-07:00

The divorce procedure is a straightforward procedure when a couple has decided a marriage is over. It is usually any children who are involved or assets which a couple have shared which result in parties applying for a court order to resolve any issues and disputes. Marriage in the UK has slowly been going down over the past few years, in 1991 there was an estimated 349,700 and in 2002 there were fewer with around 291,000. Over the same period of time the divorce rates seemed to have stayed roughly the same with 173,500 divorces in the year 1991 and 160, 700 in 2002.
In the divorce process it is broken down in to three parts which begins with the legal procedure to end the marriage, the next step is any arrangements for any children involved and the last stage is to resolve any financial matters between both parties. The largest asset in most divorce cases is the marital home, where the court will in many cases, decide the outcome.
There are two decrees that the court must grant during any divorce proceedings. Firstly one of the parties who will be known as the petitioner has to apply to the court for a decree nisi, and as soon as the marriage has ended and before the divorce is made final, the court has to give the decree absolute. To apply for the decree nisi, the person wanting the divorce must have been married for at least a year, and since the first of March 2001 in order to to carry on in England and Wales the person in question also has to prove the area of which they were residing. This basically means showing that both of the parties or at least both of them has lived within England and Wales which means there are a number of combinations that are ok for the jurisdiction.
There also needs to be shown in divorce that the marriage has broken down beyond repair, and to do this an individual needs to have five ways to prove this fact such as:
- Unreasonable behaviour from the other party
- The other spouse has left after two years
- Five years of separation without consent
- Adultery from the other party
- Two years of separation without consent
It has been estimated that around 70% of all divorces filed the petitioner will claim adultery or unreasonable behaviour from the other spouse, who is also known as the respondent, in the petition for the divorce.

Change of Name Deed after a Divorce

2010-06-29T08:20:00.000-07:00

Divorce is typically a last option for individuals, but sometimes a necessary step. When things are just not working out between a married couple it can do more harm than good to try and solve the issues. If children are involved, they can be harmed by a couple trying to work out their problems. While divorce is painful, it is sometimes the only action to be taken. There are a variety of legal documents you might need to sign in a divorce. It will depend on the financial arrangements, any children, and other holdings the couple might have. If both parties can agree to the divorce terms, you may be able to use document templates available online to legalise the divorce.
You may have to seek legal counsel for the tougher situations, especially if there are children. Another document besides the divorce documents, which end the marriage in a court of law, is the change of name deed. You may decide since you are divorcing that you want to go ahead and use a change of name deed. It has to be filed with the courts as well, so having it a part of the divorce proceeding can wrap up the entire situation in one sitting rather than going back months later.
In the UK it is very easy to change your name. There are not a lot of restrictions when it comes to minor changes or reverting back to a maiden name after a divorce. Simply fill out the document template found online with your current name, the change you want to make, and sign it. You will need a witness to sign the document also. Most banks do not require a change of name deed, but the Passport Agency and HMRC will need you to officially change your name if you begin using your maiden name again.
Children can also elect to change their name, but there are heavier restrictions on those less than 18 years of age. In some divorce cases children do want to revert to their mother’s maiden name, though it is rare.

Divorce and Children Effects

2010-06-09T06:46:00.000-07:00

Divorce for children can often be like death to an adult – a process of grieving and acceptance for the new changes that are occurring whether you like them or not. Children will grieve for the loss of the family life when their parent’s divorce, as they have, most probably, never known any difference.
Children may miss the stability of their former family life, or simply that fact that they could wake up in the morning and see both parents as and when they wished. In this respect, family life was on their terms and not the adults. When a childs parents divorce, the times in which they can see the other parent shall be dictated by those parents, and the child shall noticed the missing privileges they once shared with each parent.
Once reality has set in, sadness or anger shall become apparent in the child. A child will literally pass through a mourning process, with moody behaviour and irregular eating, but this shall ease with time. Sometimes a child will become angry but only with themselves as they begin to blame themself for the impending or recent divorce. On occasion, the child may even become inverted socially until the reality of the situation and changes hiProvided the child is explained to and assured they should feel more comfortable in their own skin. Many children get teased at school when their part home.
It is common for children to begin a strategy to reunite their parents, for example, they may plead or help out around the home by doing lots of chores etc because they do not understand why their parents are no longer happy with each other. They believe that if they can fix it, everything shall return to the way in which it was before the separation and/or divorce occurred.
Many of the issues the child may need to deal with may be reduced by the method in which the parents use to inform the child of their impending divorce. Children have very simplistic logic and will need to be explained to in great depth that they are not losing a parent, both are still there, but just not together. Provided the child is explained to and assured they should feel more comfortable in their own skin. Many children get teased at school when their parents divorce. Children do not understand the impact this has on the child in question and so it is advisable for parent s who are divorcing to inform teachers to ensure everyone who has contact with that child is aware of the situation.

Capital Gains Tax and Divorce

2010-05-25T04:32:00.000-07:00

Tax is probably not the first thing that springs to mind when you are considering the prospect of divorce. Dissolvig your marriage can have some serious impact on tax. In essence, it is not the divorce that has tax imlications, but the separation which is where we shall begin.
Co-habiting couples whom are married are able to benefit from the ability to transfer particular assets from one to another free from capital gains tax under the modern tax break rules. However, if a couple choose to separate, and so no onger live together in the same property, these rules will cease to be applicable from the date of the next new tax year.
Although the last thing on your mind will be to transfer assets to your soon to be ex, many divorce lawyers utilise this legislation by stretching the principle to ensure their client receives the best return.
Whilst separation and divorce are an emotional and sometimes exhausting journey, the tax world is a cold, stark place in comparison. Even though this may seem peculiar, from a tax only perspective is it often advised by accountants to for ypou to exit the marital home as early into the tax year as is reasonably plausible. This way, there is lots of time to work through tax efficient manoeuvres. To leave the marital home bang on the 1st April would be silly as the new tax year has not yet begun. Wait until the new tax year is reached and move out on or after the 6th April so that the new tax year has begun.
This is a way of utilising the tax rules so that you are able to transfer assets to the relevant party without suffering excessive tax implications.

Divorce Papers and Forms

2010-05-06T03:54:00.000-07:00

It is possible to manage your entire divorce from start to finish using online services, saving pounds and leaving you assured you have done everything by the book, as there’s no waiting around for your solicitor to get back to you. Having said this though, an online divorce is only appropriate where the divorce has not been disputed.

Online divorce documents can make the transition from being married to becoming single again a smoother ride, because you can do things in your own time, at a lower cost, and manage your divorce in the way you find suits you.

Sometimes, a marriage simply cannot be saved, no matter how hard you and your partner have tried. The prospect of dissolving a marriage can seem incredibly daunting and emotional, but it is a step forward into the future.

Online divorces can be more straightforward than you think. Whether there are children involved, lump sum or periodic payments due, these will all be covered by the clauses contained in legal documents obtained online. You and you partner should decide what is to be done with jointly owned property and assets.

If the divorce is complex or there is a dispute, a qualified solicitor specialising in divorce and family law will be required to resolve the issue. Before a divorce can be obtain, certain conditions must be met to fulfil the criteria for being granted a divorce by law in England and Wales.

The reason you and your partner wish to divorce must be clear – either anti-social behaviour, adultery, abandonment, two years agreed separation or five years separation - are all approved common conditions for a divorce to be granted in the UK.

For a divorce to be granted, at least one of the parties must be resident in the UK for the divorce to be legally enforceable.

Change of Name Deed

2010-04-13T03:22:00.000-07:00

You may want to change your name for a number of reasons. Sometimes, a person keeps their married name after divorcing, and they may wish to keep their married name after divorcing, and they may wish to keep their married surname, or if only separating, they may wish to be known by their maiden name. More often than not, it is a child's legal name that is changed.

This process has been going for more than 150 years. During the last 5 years, more than 200,000 people changed their name by Deed Poll.

A change of name deed can be sourced from reliable websites online, and can be used to change your child’s name. For example, you may wish to add or remove a name, or simply change the order of your existing name.

It is very easy to change your name, as it can be done by a number of ways – online, by phone, by post, or at the official Deed Poll office in Witham, Essex.

When you purchase your change of name deed online, be sure to check that the form used is accepted by all UK government departments and other organisations.

Your change of name will appear on all legal documentation and become your new legal identity. Your new name will appear on your bank account and credit cards, driving licence, passport, tax records etc.

You ought to be aware, however, that a change of name will not get your birth, marriage or decree absolute certificate changed, or past examination certificates.

Pre-Nuptial Agreement

2010-04-07T04:38:00.000-07:00

While it may seem like a very unromantic thing to do before you get married it could be in people’s best interests to have a pre-nuptial agreement. This is especially true if one of the parties has a large amount of wealth they want to protect. No one marries believing that their marriage will end in divorce, but statistics show that it does happen quite often. If you are the party entering into the marriage with family property or money that could be passed on to other family members you should consider a pre-nuptial agreement.

Basically a ore-nuptial agreement is a contract is a contract entered into prior to marriage by the prospective bride and groom. The pre-nuptial agreement will show how the separation of property or assets will be handled in the event of a divorce. Generally the pre-nuptial agreement will state that the assets of each party will remain the same as before they were married. This means that each party will keep what they went into the marriage with and perhaps nothing else.

They could agree that if there are assets that are realised during the marriage they could be divided separately from the pre wedding assets. It will be up to the parties to decide if this is something they want to put into the pre-nuptial agreement. The UK pre-nuptial agreements aren’t necessarily legally binding yet; however, the courts will usually take them into consideration.

If both parties are in agreement that they would like a pre-nuptial agreement they may want to have independent solicitors look at it before it is signed. When both parties use this option there can be no real question that they both understood the pre-nuptial agreement before it was written out and signed. Preparing and reviewing the pre-nuptial agreement should be done at least a month before the wedding so that there is also no argument that they were pressured into signing before the wedding.

Some of the terms that could be included in the pre-nuptial agreement would be pre-marriage finances, pre post-marriage property and post-marriage assets. If there have been gifts of value between the parties it could be part of the pre-nuptial agreement that each party can keep them or that they need to be sold and the profits split or returned to the giver of the gift. Once you have agreed on the terms of the pre-nuptial agreement both the bride and groom can feel more comfortable.

Divorce Law – Separation Agreement

2010-02-18T07:43:00.000-08:00

The main thing to remember about a separation agreement is that it is not a divorce. Confusion may happen if not clear about the differences. A separation agreement is a written document that the husband and wife draw up and agree on prior to divorce proceedings. They tend to be simple to set setup and can clearly outline what is wanted out of the final divorce. A separation agreement confirms that both parties involved have taken legal advice and that the marriage has broken down irretrievably and that a divorce will be planned. Blame must not be pointed at either party throughout the separation agreement.

A separation agreement will include the following financial agreements, children involved and how the planned divorce will happen. This agreement when drawn up is binding for both parties involved until the divorce commences. When the divorce starts the husband and wife can apply for amendments to the separation agreement and get the courts to confirm the terms of the separation agreement.

Child custody is a main area of concern in a separation agreement. For the agreement to work the decision on where the children will live will need to be confirmed. The children’s age may become a factor as they may what to decide which parent they would like to live with. Hours need to be decided for when the children can be visited especially on school holidays, birthdays etc. this then may lead to what income support you may be entitled to. Child security is taken very seriously in separation agreement preparation.

The property that is discussed in the separation agreement can cause issues as this tends to be the area that can cause the greatest problems. It is best for both parties involved decide on what things they want out of the house and then compare and come to compromises on what they get in the event of a clash of property. Once decided on who get what the remainder can be divided down the middle or sold to raise money of which can then be divided fairly.

Not to forget that payments will still need to be made on any existing property e.g. mortgage and also what will happen to the property will also need to be decided.

The main aim of a separation agreement is to make it easier for all parties involved and that all parties still interact with each other throughout. You could call it a softer way of handling the proseeding than from a bitter divorce petition. At the end of the day an undefended divorce will be quicker and smoother than a defended one. Another good this is can be a long or a short in time as you may like which can make it easier for children if any are involved.

The best way to get a separation agreement is to approach a company that is registered with the United Kingdom College of Family Mediators. When a mediator is in place the parties involved can contact their solicitors and begin the process of the separation agreement.

UK Divorce Laws

2010-01-27T02:14:00.000-08:00

Divorces may be accepted in the court of law and of civil jurisdiction or any part of the UK including the Isle of Man and the Channel Islands providing that the two involved show a final certificate or decree absolute. If you have lost your certificate you may apply for a new decree absolute to file for a divorce.

All evidence involving the divorce case should be thoroughly examined. If you have showed documents to your solicitor the judge has seen these documents and you will not be required to show them again.

Before a judge will grant a judicial separation or decree of divorce, the courts must be satisfied that the marriage has disolved and it must be valid and subsisting for the judge to give you a divorce.

The judge will ask for proof in which you must show documents of evidence to your prior marriage in which the marriage was terminated by a decree of divorce or decree of nullity in regards to the voidable marriage.

Judges will accept divorce evidence that was handled by religious bodies such as Greek Orthodox or Muslim Talaq entitles before the 1st January 1974. There are certain requirements that must be met for this to occur.

It is worth noting the Family Law Act 1986 for further detail on the validity of religious divorces.

The court may grant you a decree nisi prior to the decree absolute as a formaltiy in divorce proceedings. The decree nisi is a temporary document and does not render a married couple dovorced.

There are many things to consider when filing for divorce or deciding upon a permanent legal separation. It is always recommendable to seek legal advice if you are uncertain of your rights, otherwise their are many websites now selling afordable and legally enforceable legal documents online that can be a really cost-effective.

If you have children you will need to inform the courts in detail where the children will live and what schools they shall attend. Either person may petition to file for divorce. The person filing for divorce is called the Petitioner and the other person is the Respondent.

Divorce Laws

2009-12-16T02:16:00.000-08:00

Divorce laws fall under family laws in the US. There are several ways to get a divorce. The first method is under the collaborative law, which the divorce is handled out of court. The second method is known as Pro Bono,. In this case you fill out the forms and prepare the paperwork yourself for the County Clerk to register. Pro Bono divorce is the cheapest method of getting a divorce but it is not recommended to anyone who has property or children at stake. Pro Bono cases represent themselves in a court of law.

The third method is the traditional litigation laws in which both parties hire an attorney and handle the divorce in a family court.

if you do not have children or property going the Pro Bono route can save you hundreds of dollars. Most states charge around $100 or less to handle Pro Bono cases.

If you do have children or property at stake, you can choose the collaborative law to handle your case out of court. In this case you will join an attorney in a conference room, or proper setting to discuss your case. Both parties involved in the divorce must come to an agreement on how the property will be divided and who gets custody of the children. Alimony and child support is discussed as well in which both parties must agree also. If both parties cannot come to an agreement the attorney will exit the case and you must hire your own attorney to represent you in a court of law.

The traditional litigation cases are always handled in court. Both parties are represented by their own attorney and the presiding arbitrator listens to both sides. Once both parties have spoken the judge decides who gets the children, property, etc.

If you choose to handle your divorce through traditional litigation processes, expect to pay more than $2000.

If you are considering divorce it pays to weigh out the can and cannot do, as well as the impacts divorce can cause. There are alternatives to divorce, such as legal separation. If both parties are willing you can take legal action to separate in which you can decide later if you want to divorce.

Divorce affects everyone involved, especially young children. When a couple is divided or angry they may act in haste. Always consider a divorce when your mind is clear. Once you are divorced there is no turning back unless you are willing to get married again. This has happened in the past, where the couples that got divorced have reconciled and re-married. The down-side of this reconciliation is the thousands of dollars spent to divorce.

If you choose to get a divorce it is important that both of you understand the divorce processes. if you chosse traditional litigation then you must consider the family court process as well as the chief decisions that you both will have to make to resolve the case. Alternative dispute resolutions are offered in family court in which you will need to consider those as well.

Fathers - Child Rights After Divorce

2009-10-11T07:52:00.000-07:00

After divorce, comes the very sensitive and socially stigmatised issue of custody of children. Prior to 1970, mothers were, in general, given the custody of children under the premise that only mothers can provide the best nursing during the tender years of the child.
However, since late seventies this concept has progressivley changed to a more broad and liberal concept of custody as now the best interests of the child are considered and not just assumed. In recent times this concept has become increasingly universally accepted during the process of determining child custody issues.
Even in the most bitter custody battles, the contesting parties are genuinely concerned at the welfare of their children post divorce. That is why the courts generally accept the physical custody and visitation plans submitted jointly by divorcing (or agreement to leave separately) parents with a rider that court would review the plan, after a reasonable gap to ensure that the plan would serve the best interests of the child.
Having said this, in the absence of a mutual agreement from the conflicting parents, the courts fundamental consideration would be a plan in the ‘best interests of the child’ while determining child custody issues.
Speciality courts, such as the Family Division in the UK or Family Courts in India for example, handle the issue for a quicker, cleaner, friendlier child custody strategy. Such courts may ask the parents to participate in parental education courses to ensure that the divorcing parents understand the effect of divorce on their child(ren). The courts may also elaborate strategies to parents to cope with the issues that the child would face during and after their divorce.
With the passing of decades and changes in social and political thinking, custodial rulings are also changing. Courts now recognise roles of third parties like grandparents, step-parents and other relatives in determining custodial issues, so that the development of the child is least affected when a child is deprived of the traditional family background.