The Emotional Aspects of Divorce

Divorce is not only a legal process, but it is also an emotional process that can be challenging for both spouses and any children involved.

The Emotional Aspects of Divorce

Divorce is not only a legal process, but it is also an emotional process that can be challenging for both spouses and any children involved. Here are some of the emotional aspects of divorce that individuals may experience:

  • Grief and loss: Divorce represents the loss of a relationship and can be experienced as a form of grief. Both spouses may experience feelings of sadness, anger, and disappointment.
  • Anxiety and stress: Divorce can be a stressful process, and individuals may experience anxiety related to the uncertainty of the future, such as financial stability, living arrangements, and child custody.
  • Fear: The end of a marriage can bring up feelings of fear, such as fear of being alone, fear of the unknown, or fear of losing a connection with children or loved ones.
  • Guilt and self-blame: Individuals going through a divorce may experience feelings of guilt or self-blame, wondering if they could have done more to save the relationship.
  • Anger and resentment: Divorce can bring up feelings of anger and resentment towards the other spouse, especially if there were issues like infidelity or betrayal.
  • Difficulty coping: The emotional stress of divorce can make it difficult for individuals to cope with daily life, leading to issues like sleep disturbance, depression, or anxiety.

It is important to acknowledge and address the emotional aspects of divorce, as they can impact individuals’ mental health and well-being. Seeking the support of a therapist or support group can be helpful in navigating the emotional challenges of divorce.

family court free

Security in the Court

When you go to court, there are certain security protocols that must be followed.  This applies to any court that you may be asked to attend so take this as a heads up.  We will explain here why this is and what you can and can’t take into court with you.  Hopefully this will avoid any embarrassment and will also mean that you will get into the court house quickly with minimal stress.

It is important for court staff to ensure that everyone who attends court is as safe as possible.  It is understandable that a courtroom is a place where emotions run high, especially where children and money are concerned and so it is not uncommon for parties attending court to feel animosity against other people involved in their case.  Whether it’s a parent enraged with the decision of a judge, a bystander with a vendetta against a solicitor or someone just wishing to take an opportunity to cause chaos, taking the security process seriously will ensure that you experience in court will be as safe as possible.

When you attend court, you will need to pass through a security scanner.  It is similar to airport security. You will need to put anything you’re carrying through the metal detector, and you may even be asked to remove accessories such as your shoes and belt.  You will also need to walk through a metal detector.  Bags will be visually checked.

Things you are not allowed to take onto the premises with you are:

  • Anything with a blade for example any kind of knife
  • Sharps which include items such as syringes, scissors and needles for example sewing needles.
  • Replica guns such as novelty gun shaped lighters, jewellery fashioned to look like a gun or toy guns.  Obviously you are also not allowed to take actual guns into the court with you.
  • Work tools are also not permitted.  It doesn’t matter if you’re going to court during a break from work and you’re carrying your tools on you.  You can’t take things such as hammers, screwdriver, nails etc into the court.
  • Alcohol is not permitted
  • Any liquid that’s not a drink.  You’re not allowed to take perfume, aerosols or cleaning products onto the premises with you for example.

The court will permit you to take drinks into the venue but if the container has been opened then you will be required to take a drink of the liquid.  The security guards will probably smell the liquid to make sure that it doesn’t contain alcohol.  Sealed drinks that you are permitted to take into the court include drinks cans and drink cartons.

If you need to take medication with you into the court, then you may do so but you should ensure that the medication carries a label from the pharmacy which states that it is for your use and the name of the medication.

You are not allowed to take photos or record video in court. 

If you are found to be carrying any non permitted items then security will remove them from your possession.  If security has any concerns about anything that you are carrying, then they will need to consult a judge before you are allowed to enter the building.  Any items that are legal but not permitted in court may be held by security at your own risk until you leave the court building.  If you have any offensive weapons that are illegal then security will confiscate them and report you to the police.

These security checks apply to everyone entering the court building.  If you are taking someone with you to court, even if they are going to wait in the waiting room during your hearing, they will need to comply with the same security procedure.  You should ensure that you tell them about the security protocol if they are not already aware of it.

Anyone refusing to be searched will not be allowed into the court building.

Same-Sex Divorce in the UK

In the United Kingdom, the process for same-sex divorce is the same as for heterosexual divorce. The law governing divorce and dissolution of civil partnerships is the same, and same-sex couples can dissolve their marriage in the same way as heterosexual couples.

To obtain a divorce in the UK, a couple must have been married for at least one year, and they must demonstrate that the marriage has irretrievably broken down. This can be done by citing one of five grounds for divorce: adultery, unreasonable behaviour, desertion, two years’ separation with consent, or five years’ separation without consent.  Since April 2022, same-sex couples can also request a no-fault divorce where there is no need to play the blame game to determine who is responsible for the break down of the relationship.

Once a petition for divorce has been filed, the process typically takes several months to complete. The couple will need to agree on issues such as the division of property and assets, as well as any arrangements for children, before the divorce can be finalized.

It is important to seek legal advice when going through a divorce, to ensure that your rights and interests are protected. This is especially true in cases where there are complex legal or financial issues to consider, such as disputes over property, assets, or custody of children.

Signs of Domestic Abuse

Domestic abuse, also known as intimate partner abuse, can take many forms, and it can be difficult to recognise. Here are some signs of domestic abuse:

  • Physical abuse: This can include hitting, punching, slapping, kicking, or any other form of physical harm. It can also include using weapons or other objects to cause harm.
  • Emotional abuse: This can include verbal insults, put-downs, threats, or any other form of emotional manipulation or control. Emotional abuse can be just as damaging as physical abuse, and it can leave lasting scars.
  • Sexual abuse: This can include any non-consensual sexual contact or coercion. It can also include using sex as a form of control or manipulation.
  • Financial abuse: This can include controlling or limiting access to financial resources, such as money, bank accounts, or credit cards. It can also include running up debts or other financial obligations without consent.
  • Isolation: This can include controlling who the victim talks to, where they go, or what they do. Isolation can make it difficult for victims to seek help or support.
  • Stalking: This can include following the victim, monitoring their activities, or engaging in other forms of unwanted contact.

It is important to note that domestic abuse can happen to anyone, regardless of gender, race, or socioeconomic status. If you or someone you know is experiencing domestic violence, it is important to seek help. There are many resources available, including hotlines, shelters, and support groups, that can provide assistance and support.

There are also things that the court can do to protect you, including getting a non molestation order.

Breaking News! Our Journal is Ready!

Click the image to visit the Amazon link!

I am really excited to announce that we can now offer a journal for anyone who is going through family court proceedings.

There is a big gap in the market for anyone trying to self-represent in family court, or indeed anyone who is just trying to stay organised and prepared for each hearing. From my own experience, I know how tricky it can be when you are being sent statements, orders, appointments for court and mediation etc. Sorting through this can be hard enough, but with the added pressure of being in a courtroom, finding exactly what points you wanted to raise before the hearing or anything you specifically wanted to address can be especially challenging.

No matter whether you are going it alone or taking in a McKenzie friend, or even using a solicitor, this journal can help you to keep all your notes in one place so that you can file away that all important original paperwork and only take what you need into the courtroom, without having to sift through reams of lengthy and wordy court papers.

We recommend that each time you receive any paperwork, you should use this journal to make notes of all the important points in the relevant section in the journal and then file away all paperwork in chronological order.

Journal contents include

  • Budget tracking
  • Application details
  • Contacts
  • Hearing Details

And more. All in full, high quality colour.

This is the tool you never knew you needed. Available to purchase through Amazon from today.

Paternity and DNA in Family Court

In the UK, paternity and DNA testing can be a crucial tool in family court proceedings. Whether you’re seeking to establish paternity, contest paternity, or prove a biological relationship in a family dispute, DNA testing can provide vital evidence that can influence the outcome of a case. In this blog post, we’ll take a closer look at paternity and DNA testing in the UK for family court purposes.

Establishing Paternity

When a child is born to a married couple, the husband is automatically assumed to be the father of the child. However, if the child is born to an unmarried couple, biological parentage must be established. This can be done through a DNA test, which can conclusively prove or disprove a biological connection.

DNA testing for paternity can be done privately, but it must be done through a court-accredited laboratory in order to be admissible in court. The court may order DNA testing if paternity is contested, or if there is a dispute over parental responsibility, child support, or contact arrangements.

Contesting Paternity

If there is reason to doubt the biological relationship between a man and a child, the man may contest paternity. This can be done through DNA testing, which can provide conclusive evidence of biological paternity.

If paternity is contested, the court may order DNA testing to establish the biological relationship. If the DNA test results indicate that the man is not the biological father of the child, the court may overturn any previous orders relating to parental responsibility, child support, or contact arrangements.

DNA Testing for Family Disputes

DNA testing can also be used to prove biological relationships in family disputes, such as disputes over inheritance, estate claims, or immigration cases. In these cases, DNA testing can provide conclusive evidence of biological relationships that can influence the outcome of the case.

DNA testing for family disputes must also be done through a court-accredited laboratory in order to be admissible in court. The court may order DNA testing if there is reason to doubt the biological relationship between family members, or if DNA testing is required to resolve a legal dispute.

Conclusion

DNA testing can be a powerful tool in family court proceedings, providing conclusive evidence of biological relationships that can influence the outcome of a case. Whether you’re seeking to establish paternity, contest paternity, or prove a biological relationship in a family dispute, DNA testing must be done through a court-accredited laboratory in order to be admissible in court.

If you’re involved in a family court case where DNA testing may be required, it’s important to seek the advice of an experienced legal representative who can guide you through the legal process and ensure that your rights and interests are protected.

Parental Alienation in Detail

Parental alienation occurs when one parent engages in behavior that undermines the relationship between the child and the other parent, often with the intention of limiting or eliminating the other parent’s role in the child’s life. This behavior can take many forms, including:

  • Speaking negatively about the other parent: This can include making derogatory comments or criticisms, or attributing negative motives to the other parent.
  • Interfering with contact: This may involve limiting or preventing the child’s contact with the other parent, or failing to comply with court orders or agreements regarding custody or visitation.
  • Disrupting communication: This can include intercepting or blocking phone calls, emails, or other forms of communication between the child and the other parent.
  • Encouraging rejection: This involves actively encouraging the child to reject or avoid the other parent, often by using tactics such as guilt-tripping, manipulation, or bribery.
  • Involving the child in disputes: This may involve discussing legal or financial issues with the child, or using the child to pass messages or gather information about the other parent.

Parental alienation can have serious negative effects on the child’s well-being and development, including:

  • Increased stress and anxiety: The child may feel caught in the middle of the conflict, and may experience anxiety or stress as a result.
  • Decreased self-esteem: The child may feel that they are being forced to choose between their parents, which can lead to feelings of guilt or low self-esteem.
  • Confusion and instability: The child may feel uncertain or confused about their relationship with the other parent, which can lead to instability in their emotions and behavior.
  • Long-term damage to the parent-child relationship: If parental alienation is not addressed, it can lead to a breakdown in the relationship between the child and the targeted parent, which can have long-term effects on the child’s well-being and development.

It is important to recognise the signs of parental alienation and to seek help if you believe that you or your child is experiencing this behaviour. An experienced family law professional can help you to understand your legal rights and options, and can work with you to create a plan for co-parenting that is in the best interests of the child.

Marriage Equality Law in the UK

in this blog post, we’ll summarise marriage equality law in the UK. In the United Kingdom, same-sex marriage has been legal since 2014. The Marriage (Same Sex Couples) Act 2013 legalised same-sex marriage in England and Wales, allowing same-sex couples to marry in civil ceremonies or in some religious settings that opt-in to perform such marriages.

The equality law provides for the same legal rights and protections to same-sex couples as to heterosexual couples. This includes rights related to property, inheritance, pensions, and other legal matters.

Scotland legalised same-sex marriage in 2014, shortly after the law was passed in England and Wales. Northern Ireland legalised same-sex marriage in 2019, following a vote by the Northern Ireland Assembly.

The legalisation of same-sex marriage in the UK was a significant milestone for LGBTQ+ rights, and helped to promote greater equality and acceptance for LGBTQ+ individuals and families. However, despite the legal protections provided, LGBTQ+ individuals still face discrimination and challenges in many areas of life, including in accessing healthcare, finding employment, and facing prejudice and stigma. It is important to continue working towards greater equality and inclusivity for all individuals and families, regardless of sexual orientation or gender identity.

You can read more about relationship issues, divorce and child arrangements all around our website, or you could even head over to our growing Youtube channel for more useful information.

Same-sex Parenting

If you are a same-sex parent, or planning to become one, here are some tips to help you navigate the legal and practical challenges:

  1. Establish legal parentage: In some cases, same-sex parents may need to take extra steps to establish legal parentage, such as through adoption, surrogacy, or assisted reproduction. Make sure you understand the legal requirements, and work with a qualified legal representative or agency to help you navigate the process.
  2. Communicate with your partner: Clear communication is key to any successful co-parenting relationship. Discuss your expectations, parenting styles, and goals for your family, and make sure you are both on the same page.
  3. Seek support from other LGBTQ+ families: Connecting with other LGBTQ+ families can be a great source of support and information. Look for local or online support groups, and consider attending events or conferences for LGBTQ+ families.
  4. Educate yourself about your legal rights: Same-sex parents may face unique legal challenges, such as child arrangement disputes or discrimination from schools or healthcare providers. Make sure you understand your legal rights and protections, and work with an attorney if necessary.
  5. Be prepared to advocate for your family: Unfortunately, same-sex families may still face discrimination or stigma in some settings. Be prepared to advocate for your family and stand up for your rights, whether it’s at school, in healthcare settings, or in other areas of your life.
  6. Focus on your child’s needs: Ultimately, the most important thing is to focus on your child’s needs and well-being. Make sure your child feels loved and supported, and work to create a stable and nurturing environment for them to grow and thrive.
  7. Create a co-parenting agreement: A co-parenting agreement can help establish clear expectations and guidelines for your co-parenting relationship. This can include things like decision-making, custody and visitation schedules, and financial arrangements.
  8. Consider estate planning: Same-sex parents may face additional estate planning challenges, particularly if they are not married or have not established legal parentage. Work with an attorney to create a comprehensive estate plan that reflects your wishes for your family.
  9. Keep your child’s best interests in mind: When making decisions about custody, visitation, and other family law matters, always keep your child’s best interests in mind. This means putting aside any personal conflicts or disagreements with your co-parent, and focusing on what is best for your child.
  10. Don’t be afraid to seek help: Parenting can be challenging, and same-sex parents may face unique challenges related to their identity and family structure. Don’t hesitate to seek help if you need it, whether it’s from a therapist, support group, or other resource.

Big Changes to UK Divorce Rules

In April 2022, new rules came into play with regards to UK divorce law. For too many years, couples have had long battles to end their marriages, playing the blame game, with courts needed to establish blame for the break down of the relationship. The introduction of the no-fault divorce in the UK has been a game changer, and a welcome change that not only results in a more harmonious separation, but also shortens the process, makes it less costly and allows individuals to move on quickly with their lives, avoiding the stress and embarrassment of having to prove or admit guilt in the break down of a relationship.

Simply put, a no-fault divorce is a type of divorce in which the spouses do not have to prove that one spouse caused the breakdown of the marriage by engaging in certain conduct, such as adultery or cruelty. Instead, the spouses can simply state that the marriage is irretrievably broken or that there are irreconcilable differences and seek to end the marriage on that basis.

In a no-fault situation, neither spouse has to prove that the other did something wrong in order to obtain a divorce. This type of divorce is available in many jurisdictions throughout America already and is often faster, less expensive, and less contentious than a fault-based separation, which requires one spouse to prove that the other is at fault for the breakdown of the marriage.

If you are not ready to divorce, you can also ask for a legal separation. This is an option for couples who want to see if they can work out their differences, or if for religious reasons, they do not feel comfortable with getting divorced.

It’s also worth looking at our advice for child arrangement orders as you will need to work out any child arrangements that need to be made before your no-fault divorce can be officially finalised.