The end of a marriage is a life-changing event and the procedures required in order to signify the legal end to a marriage are very complex. In order to ensure your interests are best represented, it is important that you seek independent legal advice.
At Rolleston McElwee we can advise you in relation to:
- Notify the creditor in writing of the debt in order to try reach an agreement.
- If the debtor fails to receive a response to the initial letter, we will issue legal proceedings, the amount of the debt owed will determine the Court in which proceedings are issued.
- The court order will be enforced which will lead to the payment of the debt.
When a marriage breakdowns and the couple intend to live separately, they may enter into a separation agreement. A separation agreement sets out the terms for living separately as agreed by the parties upon separation. It is vitally important that the agreement defines the date from which the parties agree to no longer live together in the event that either spouse wishes to obtain a divorce. Important issues to consider including in a separation agreement include but are not limited to:
- Who will live in the Family Home.
- What provisions will be made for any other property jointly owned.
- Where will any dependant Children from the marriage live and other relevant access arrangements.
- Whether maintenance payments are to be made.
- Indemnification Clauses for future debts which may be incurred by the other party to the agreement.
When an agreement is reached between the parties, a Deed of Separation will be signed by both parties and this will become legally binding.
Divorce on Consent
A decree of divorce will have the effect of dissolving the contract of marriage. If you seek a divorce you should obtain legal advice in order to ensure that you fully understand the nature of the divorce proceedings and to ensure that your interests are best represented. A divorce on consent means that when your spouse is served a Family Law Civil Bill by your solicitor, he/she does not intend to contest the divorce. The Family Law Civil Bill consists of:
- An Affidavit of Means – this document deals with assets, income, debts, liabilities and other similar information.
- An Affidavit of Welfare – this document is concerned with information relating to the dependant Children such as, living arrangements, access, maintenance payments and other relevant information.