Every marriage, like life, has its highs and lows. Sometimes, some space is necessary for all parties involved in order to clear the air and come to terms with what needs to be done in order to move forward. However, getting a divorce is as life-changing a decision as marriage is. Spouses may just need some time on their own to decide if they want to save the marriage and how.
Family Division of Assets
Having a child is a traditional part of building a family. Adoption is the legal process under the Adoption of Children Act (“ACA”) where the adopters become the new legal parents of the child, and all legal ties to parenthood that the previous parents may have with the child are officially severed.
Mediation is a typical ADR process which involves the parties in a dispute heard before a neutral third party, such as a mediator, who shall guide and expedite negotiations between parties to, hopefully, reach an agreement to settle the dispute. A significant role of the mediator is that he or she will not force any of the parties to come to an agreement; this agreement shall be a voluntary one. Parties are also actively encouraged, before trial, to attempt in a session of mediation, although parties cannot and will not be forced to do so by the Courts.
During the lifetime of any marriage, it is very common for gifts to be given between spouses. However, during a divorce or the onset of a divorce, some typical questions include “will the gifts given by my spouse be subjected to laws on the division of matrimonial assets?”, or “do I get to keep the gifts my spouse gave me during the marriage?”.
Most would try to be amicable and save their marriage, especially if they have children. It is always important to consider the impact on the children first and put the children’s best interests at heart. Who knows? Maybe the marriage can be saved after all.
However, no matter how patient a person can be, there is a limit to one’s patience and sooner or later, their patience will run out. So, where do you go? How do you proceed? Do you need to care about other people’s perceptions of you or your next course of action?
In light of the implementation of elevated safe distancing measures to combat the spread of the COVID-19 coronavirus, there is much uncertainty regarding how access arrangements are to be carried out by divorced parents during this unprecedented pandemic. Access arrangements that are scheduled to take place at any public areas or neutral third-party institution such as DSSA Centre should also cease as the underlying principle is that everyone should stay at home unless for essential purposes.