U.K Family Law



U.K Family Law

Introduction

In legal matters revolving around settlements, the most common may prove to be divorce settlements. A divorce settlement occurs between the two individuals involved in a divorce proceeding. With the help of each of their attorneys, the two parties will draw up a divorce settlement. Divorce settlements are enforceable contracts by law, and thus, will usually require the assistance of lawyers and attorneys in order to reach a divorce settlement that is most appropriate for both parties.

Case Discussion

As Peter's wife intends for a marriage breakdown, given that if they do not reunite or arrive at an agreement, it is very much expected that she would make several claims, which usually occurs in marriage breakdown.

It is significant to mention that the court order arising from Peter's wife possible claims can only be made till a decree of divorce, nullity or judicial separation has been granted, otherwise no order for Peter's wife can be made under S.23 and 24 of M.C.A 1973.

Ancillary Relief

The term 'ancillary relief proceedings' is the legal term used for the possible financial orders that a court can make in addition to a petition for divorce.

Such proceedings are now very much Court-controlled. The Court will impose timetables for compliance with its orders and the parties will usually be required to personally attend all Court hearings. There may well be costs consequences for failing to adhere to timetables, to obey Court orders and to attend hearings.

Divorce Settlements

Divorce settlement will usually entail how assets are to be divided and how certain debts or liabilities are to be handled that were incurred while both parties were married. One of the more serious and often difficult aspects of divorce settlements will have to deal with the children of couple, such as who will get custody, what kind of custody can be agreed upon, and any particular living arrangements that are to result from such circumstance.

Divorce settlements can prove to be both simple and quick, or extremely long and involve a lot of dispute. How a divorce settlement is reached and how long it will take to be completed will most definitely depend on the overall relationship between both parties. However, in the case that both parties are ready and willing to negotiate a divorce settlement, the process can be quite a smooth transition.

Divorce settlements are also subject to certain regulations and statutes that will tend to vary from state to state. For example, once a divorce settlement is agreed upon and signed by both parties, the terms cannot be changed. However, many states will allow for a cool-off period, in which it may be possible to have the agreement rescinded if agreed upon by both parties.

Case Laws

In many divorce financial settlement disputes couples contest the extent of their wealth and property and, if agreement cannot be reached between the divorcing spouses, the case may well end up in a family court where a judge will decide on the division of assets and subsequently order ...