Is it a surprise to read that Katie Price could be divorcing husband number 3 following discovery of his affair with her best friend. Katie and Kieran have been married for a little over one year and have one child together with another child on the way. It begs to ask the question – should a marriage simply end following the discovery of an affair or should efforts be made to try and save it?
It would seem that there is no longer the “stigma” attached to divorce compared to the olden days where such action was frowned upon. Many married couples seem to be quick to make the decision that their marriage is at end. As divorce lawyers, we are under an obligation to explore the possibility of reconciliation with our clients when they seek advice from us in relation to divorce. Unfortunately, it is often the case that by the time the client has approached us, the hope of saving the marriage has passed. However, there is the rare client who still holds onto such hope and there are organisations such as Relate which offer services to assist with reconciliation of the marriage.
So will it be another “Pricey” divorce for Katie? Within divorce proceedings you can only rely upon one ground which is that your marriage has irretrievably broken down. You then apply one of five facts (adultery, unreasonable behaviour, 2 years separation with consent, 5 years separation or desertion) to show this. If it is another divorce for Katie, it would be interesting to know which fact is relied upon. Of course we would not be privy to such information as family proceedings are private unless an accredited representative of newsgathering and reporting organisation or any other unaccredited person whom the Court permits to be present at a hearing.
Are all divorces “Pricey”? The answer to this question is that they do not have to be! Lots of firms, like us, are now offering fixed fee divorce services making it is easier for our clients to access friendly and efficient legal advice on a budget. The part of the divorce which unfortunately causes legal fees to increase is sorting out what is to happen to the matrimonial assets. This can often lengthen the time it takes to finalise a divorce. This is because decree absolute, which is the document that confirms you are divorced, simply ends your marriage and does not end financial claims that you and your spouse may have against each other. It is therefore important to sort out what is to happen to the matrimonial assets alongside the divorce application and record this within a court order to end your financial claims/ties against your spouse. After all if you are lucky enough to win the lottery you do not want your ex-spouse making a claim against your winnings because you did not sort out the matrimonial assets within your divorce application!
Let’s hope Katie has been sensible and entered into a Pre-Nuptial Agreement before she married Kieran!
Please visit our First For Divorce website to view our fixed fee divorce services to avoid making it a “Pricey” divorce for you! http://www.firstfordivorce.co.uk/
Samantha Murphy is an Assistant Solicitor at Breeze and Wyles Solicitors Ltd. Samantha qualified as a Solicitor in April 2012 and specialises in family and matrimonial matters, including divorce, separation, children, finances, and cohabitation disputes.
Samantha is passionate to ensure people can obtain access to justice by providing correct and practical legal advice in order that people can make informed decisions. Samantha is committed to resolving disputes in a non-confrontational manner by adopting the Resolutions Code of Practice.