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New website – Law in 27 EU Countries – Helping European Separating Couples

   

European flag outside the Commission

European flag outside the Commission (Photo credit: Wikipedia)

The Notaries of Europe with the support of the European Commission have launched a very helpful website for separating international/European couples to help them gain access to comprehensive and reliable information on the complex area of law relating to their separation in 21 different languages.

This is a very useful tool to help people to make use of their rights as European Citizens. The website clarifies the different applicable laws on matrimonial property regimes and property consequences of registered partnerships affecting the separating couple in each European Country. Please see the press release on the Notaries for Europe website here for more information.

If you are contemplating separation or Divorce and either or both of you are European Citizens, this website will help you by answering  the following questions for the 27 EU Countries:

• 1 Which law applies?
• 2 Is there a statutory matrimonial property regime and if so, what does it provide?
• 3 How can the spouses arrange their property regime?
• 4 Can or must the matrimonial property regime be registered?
• 5 What are the consequences of Divorce/separation?
• 6 What are the consequences of death?
• 7 Does your national law provide a special matrimonial property regime for multi-national couples?
• 8 What does the law provide for the property of registered and non-registered partners?
• 9 Which is the competent authority to turn to in cases of disputes and other legal issues?

If you are considering separation or Divorce,  please in the first instance, give consideration to the out of Court options to resolving any disagreements that you may have either family mediation or in more complex cases, consideration should be given to the collaborative approach, which allows legal advice during meetings.

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New Year Blues – Divorce Day

The first working day back in the New Year is classed as ‘Divorce Day’ by most lawyers. Usually after the festive season those couples who have kept it together for the sake of their children or simply to avoid the stress of a breakup during what should be happy times, make the decision that something needs to be done to end the façade and on going struggles/misery by taking formal steps to end their relationship.

It takes a lot of courage and a strong person to take this bold step but with the right advice and support unhappy couples can make the right decisions about where their relationship is going. Unhappy relationships don’t have to end in Divorce/separation – sometimes all that is needed is  time apart to allow you and your partner the time and space to reflect upon what the real issues are in your relationship. Can they be resolved with professional help and support? Visit the useful links  page for information an agencies such as Relate that may be able to help.

If there is no third-party involvement by either party and no serious issues about the safety or welfare of either party or any child/ren of the family then in some cases the answer maybe to have counselling, therapy, coaching through professionals trained to help couples in such circumstances – to help you get back on track to re-kindle your love and admiration for each other. There are no quick fixes and both you and your partner would have to be committed to this process to have a good chance of succeeding in a reconciliation.

However, sadly in a lot cases you and your partner will have reached the point of no return and therefore serious consideration will need to be given to formalising your separation. The Government is encouraging separating couples to consider family mediation as their first port of call to avoid protracted Court proceedings and the added stress and costs of the traditional Court based approach. Read the related articles below.

Where a case is suitable for mediation, I would strongly recommend that you and your partner at least keep an open mind about the out of Court option and give family mediation a fair go. You have nothing to lose and everything to gain.

Government’s New Sorting Out Separation App

Having to go through separation/divorce can be classed as one of the most stressful experiences in your lifetime.

Some would say that it is far more difficult to cope with than the bereavement of a close family member or friend – it is a ‘living bereavement’.

Whilst there are grave concerns about the impact of the cuts to family legal aid that come into force in April 2013, thankfully there is help at hand for those of you who will not qualify for family legal aid as a result of the cutbacks and cannot afford the services of a solicitor.

The Government has launched an online application/website  for separating couples to give you much needed help, support and guidance. It covers the following topics with useful contact information, tools, videos and links to help you make informed decisions after a break-up:

  • Children &  Parenting
  • Health
  • Housing
  • Legal
  • Money & Finance
  • Relationships & Conflicts
  • Work & Benefits

By answering a series of questions, the web app will give you a personalised action plan. Click here to check out the new sorting out separation web app.

However, where  you are unsure about your respective rights and responsibilities or where there are complex issues arising out of your separation, a word of caution, it is always sensible to get specialist legal advice. Many solicitors offer an initial fixed fee service, which can prove to be invaluable.

To help you and your ex-partner have a dignified and amicable separation allowing for future co-operative parenting, family mediation, when suitable, can be a better way of reaching out of court agreements.

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