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Why Might it be Best to Formally End Your Relationship?

January is traditionally the month where we pack away the last of the Christmas decorations, join a gym and start a new hobby for a week or two. We tend to reflect on the year we have had and think about changes we want to make in the future.

This can make people think about their marriage and contributes to the period after Christmas being the busiest time of the year for divorce lawyers. Marilyn Stowe, one of the UK’s best known family lawyers, reported that divorce enquiries doubled in the days following Christmas. The media has even dubbed the first working day after the holidays “D-Day”.

Research has been done into this phenomenon by UK wide law firm, Irwin Mitchell. They found that 1 in 5 couples were planning to divorce after one last Christmas together. Financial pressures were found to be a key contributor to the rise in enquiries with 40% of parents saying that money worries were causing a problem in their relationship.

Many family lawyers have commented that whilst there is a substantial increase in the number of people making enquiries, it can take a couple a long time to formally separate or divorce. The decision to separate from your spouse or partner can be an incredibly difficult one to make and you are likely to worry about the impact it could have upon your finances or children. It is natural that such a decision is not taken lightly and is given a great deal of consideration.

Couples may begin to live apart and may be happy to come to an informal separation agreement between themselves. This situation can work for many couples but some find that this can lead to problems further down the road.

Formal Separation

What is best for each separating couple will depend upon their particular circumstances and situations. One party may move out of the shared house and an agreement may be reached about the day-to-day practicalities such as savings, debts and childcare. This situation may continue for some time and there can seem no pressing need to formally end your relationship. Divorce may seem like a hassle you do not need.

However, there are many reasons to consider a formal separation agreement or divorce. A separation agreement is likely to be held as a legally binding and enforceable contract by the courts. You may wish to seek advice from an experienced family lawyer before you come to an agreement about your property, finances and children.

Some people find that an amicable breakup can sour over time. For this reason it can be best to come to an agreement whilst you are able to work together positively.

Even though spouses may lead completely separated lives, the legal implications of marriage continue. If a married person dies without having divorced then their surviving spouse can make a claim upon their estate. By this point the deceased may have met a new partner and may not have wished to leave anything to their spouse.

Expert Edinburgh Divorce and Family Lawyers

For these reasons a separating couple may wish to consider a formal separation agreement or divorce. Family Law Edinburgh is a team of expert divorce lawyers who can talk you through your situation and provide bespoke advice.

Contact out solicitors today on 01313414990 or complete our online enquiry form.

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