Divorce is a problem faced by several couples around the world. It is result of wrong decisions taken by the couples involved or misunderstandings caused by lack of trust between partners. There are several problems which both of persons involved in a divorce face in their life before and after that. However, it does not mean divorce is always bad. There are situations where divorce is the only solution to all problems between two partners, and only after splitting up most of those problems can be solved.
If there is no more trust in holy relation of marriage, then the charm, harmony and enthusiasm of relation is vanished. The reason behind lack of trust can be an extra marital affair or lack of care and responsibility for each other. Here we need to focus over the reasons causing extra marital affairs. There can be more than one possible reason:
1. When the decision of marriage was against wishes of either or both the partners. In that case a sense of dissatisfaction is always there, in some cases the care and affection shown by any one of the partners removes this sense of dissatisfaction and makes the relation harmonious. But in other cases, the problem increases with time, and at a point in life the relation becomes unbearable, where solution is divorce only.
2. There are some cases where couples give more priority to their individual careers; in that case marriage becomes less prioritized responsibility for them. They take marriage as a hindrance in path of their blooming career, somewhere its true too. Divorce can be a solution for them which can be helpful in attaining their career goals.
3. Love relations before marriage is also a decision factor, when people don’t get their dream love as life partner, and they meet him/her after marriage, in such cases old love becomes more closer and important for them. No doubt their dream partner can be more understanding and loving for them than their current partner. So, people involved with a marriage take decision of separation with mutual agreement.
There are other situations too where separation is the most suitable solution for all problems in a relation.
A will is a legally binding contract that is widely considered one of the most important documents you will ever sign. The majority of parents with children actually do not have a will and without one you will not be able to allocate your children any benefits. The general consensus is that after death the eldest family member will have control of your estate, however the reality is this will be decided in court and a judge will end up with the final say. Here are three fantastic reasons to update your will.
Over the years you may have developed new relationships with people and organisations, such as finding a new partner or becoming a member of a charity or church. You may want to adjust your will to eliminate any old relationships so that they will no longer receive your benefits upon death. Newborns can be listed as beneficiaries and children who have reached adolescents can be listed as executors.
Income and Assets
You may have listed your car, estate or business in your will and these assets may have changed. Even if you have not sold any of these assets, the value has still changed, for instance your car depreciates and your business grows in revenue. As such the insured amount listed on your will is going to be different and a lot of complications can arise when dealing with these matters after death.
The location where you created your will is governed by state laws. If you have changed location since then, you will need to consult an attorney to find the legitimacy of your will. State laws can be very different from each other and have different qualifying requirements.
Laws change all the time and you will want to keep up to date with any legislation affecting your will. The best way is to visit an attorney of the state who can help to validate your will for you and inform you of any changes in law.
The best way to keep up to date is to simply have a yearly check up. Law firms specialising in estate battles can review your will and can work with you to successfully create your ideal will. At the end of the financial year is when most changes take place and is the best time to review your estate, assets, income, superannuation and all other elements that fall into your will.
List down a checklist and consider the following 10 points: children, marriage/separation, death of beneficiaries, location changes, circumstantial changes, state laws, taxation law, time since last review, new business and income increase/decrease.
Your will dictates where your assets will go after death and without one a judge will decide for you. This includes ownership of children under the matured age. If you would like to know more or if you are ready to take another look at your will then jump online and search for a law firm that specialises in estate battles.
Under the rules of divorce in Islamic sharia, a husband has the prerogative right to divorce his wife any time, any place, with or without any reason. Under certain conditions, the wife may request from the religious judge a judicial divorce in case of harm or maltreatment (darar), as stated by the Maliki School of jurisprudence.
Based on the wide interpretation of the Maliki School, the wife may seek divorce if she can convince the judge that she is suffering a harm from her husband, a provision that is not allowed by the Islamic Hanafi School of law.
In general terms, Islamic sharia allows the wife to seek divorce under the following conditions: (1) impotency; if the husband is unable to consummate the marriage; (2) his apostasy from Islam; (3) his imprisonment for a long period of time; and (4) if he contracts an incurable skin disease.
The additional harm as a cause for divorce in Maliki interpretation of sharia, allows the wife to bring evidence to the judge showing that the husband used systematic maltreatment, and is unable to provide maintenance to her.
Such provisions in Islamic sharia created hardship for thousands of women who were seeking divorce, but unable to prove the harm factor to the satisfaction of the judge. Women were unable to get out of their un-happy marriages because their husbands refused to consent to the divorce, and the judges were not persuaded with the evidence presented by the women. To remedy this situation, the Egyptian government enacted a law allowing judges to approve the divorce through a process known as Khul, or repudiation, without the consent of the husband.
Khul was practiced in early Islamic period; it allows the wife to obtain a final divorce by means of a financial settlement paid by her to the husband in compensation, without having to prove of harm or maltreatment. Frequently, under the terms of Khul, the wife is required to pay back all or part of the “mahr”, which is the amount of money or objects of value that the husband gave his wife when the marriage contract was signed. Also, she has to relinquish her right to the amount of “mahr” he promised to give her in the future. In addition, the husband must agree to the Khul. In other words, should the husband refuse to consent to the Khul, the wife will be unable to get divorce. Faced with that difficulty, the legislators in Egypt enacted a law in which the judge was given authority to separate the married couple based on Khul without the approval of the husband and without having to prove maltreatment.
On January 2000, former President, Hosni Mubarak of Egypt, issued in the Official Gazette [al-Jaridah al-Rassmiyyah] Law No.1, of 2000, granting women the right to file for a “no-fault” divorce (Khul) on the basis of “incompatibility,” without having to provide evidence of harm. Under the provisions of the new law, the wife may obtain a definitive judicial separation from her husband if she desires so; the only condition she has to satisfy is to forfeit her rights to alimony and her deferred “mahr” (muakhar) as well as repay her advanced “mahr” (muqaddam).
First section of Article 20 of the new law provides the following: “A married couple may mutually agree to separation (al-Khul); however, if they do not agree and the wife sues demanding it [i.e., the separation], and separates herself from her husband (khalaat zawjaha) by forfeiting all her financial legal rights, and restores to him the “mahr he gave to her, then the court is to divorce her from him (tatliqiha alayhi).”
Before the judge rules on Khul, he has to order the couple to undergo a process of reconciliation, and after asking two mediators [hukkam] to pursue conciliation efforts between them for a period that may not exceed three months; and after the wife decides explicitly [tuqarrir sarahatan] that she abhors living with her husband and there is no way to continue married life between them, and that she is afraid to transgress Gods limits of this abhorrence.
It is important to note here that while a woman is required to submit to burdensome and time-consuming court-ordered conciliation, men seeking divorce, on the other hand, are never required to make any efforts at reconciliation. The reconciliation process is rooted in the biased notion that women are not capable of making rational decisions on issues related to divorce. According to one prosecutor in Cairo, mediation was necessary because “a woman may be hasty in filing for a divorce and may not have a strong keenness in keeping the family together. The court has to play this role and intervene. Men are more wise and rationale than women. A womans emotions can overcome her rationality”. (See Divorced from Justice: womans unequal access to divorce in Egypt, Google eBook, p.28).
Section 3 of Article 20 states that the separation order of the judge is “an irrevocable divorce [talaq bain]”; and the courts decision is not subject to any form of appeal. Article 20 of the Egyptian law of 2000 does not accord legal weight to the husbands consent to the terms of Khul divorce. This is based on the Sunnah literature, embodied in the Islamic canonical collections of the sayings and deeds of the Prophet of Islam, and especially the collection of Sahih al-Bukhari, which contain an authenticated version of Muhammads handling of the Habiba separation case in which he ruled to separate her from her husband without asking the husbands permission.
Although Article 20 of the Egyptian Personal Status Law, which grants women the right of Khul is considered a significant accomplishment by womens rights activists, it is harmful to womens financial rights because the wife is forced to give up her mahr, alimony and other gifts provided by the husband during their marriage. Poor women, particularly in rural areas, suffer most of this financial loss.
DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
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WHAT IS MEDIATION?
In many states, mediation has gone from being an option to help resolve issues to a mandatory part of the court proceedings. That is particularly true in cases that involve divorce or custody disputes.
Mediation is called an alternative dispute resolution process. In short it provides you with an alternative to Court to create your own agreements and craft your own orders without submitting those matters to the Judge. This is often a preferred way to resolve disputes in a divorce. The alternative is to proceed to Court and allow a Judge, a complete stranger to you and your children, to hear a few short arguments and testimony and decide your fate. Often such orders may seem like pounding round pegs into square holes with out understanding fully the individual circumstances of the parties. Clearly that is in no one’s best interest and often leads to the long roller coaster ride through court with each party filing new motions year in and year out to change the rulings that the Judge has made.
By contrast, mediation teaches the parties to communicate and to work through their issues productively. In the process, the parties to work with a neutral expert to resolve their disputes in a way that works for them. A mediator is also known as a qualified neutral.
The mediator may be a lawyer, a therapist, a religious leader or other qualified individual. As part of the mediation process, the mediator will not provide either party with legal advice and, instead, will work with the parties on their communication skills to understand the other parties position.
Often mediators will encourage the parties to incorporate into the proceedings other experts to help them in the decision making process,. This may involve the use of appraisers to value a home, accountants and investment counselors to address financial aspects, or a parenting consultant to work through custody and parenting issues. By using one neutral expert, the parties may save thousand of dollars that would be spent for each party to hire their own expert only to remain at an impasse with different results.
WHAT TYPES OF DISPUTES CAN BE RESOLVED THRU MEDIATION?
Mediation can be a useful tool for almost any issue that you encounter in family court. Even the most acrimonious divorces can benefit from mediation by helping the parties resolve some, if not all of their disputes, thereby simplifying the issues to be resolved through the court process.
Mediation may resolve:
disputes between divorcing parties including custody issues, spousal maintenance and property issues;
restraining order issues.
WHY SHOULD I MEDIATE?
1.Mediation is available any time both parties are willing to engage in the process, even if they are already involved in a contested court case;
2.Mediation is LESS EXPENSIVE than going to court with both parties to the dispute sharing the cost;
The life is full of hassles and you cannot avoid ups and downs. The most common thing we find in all the people across the world is they are, in one or the other way, facing problems. Again, the problems come with many faces but the one that can ruin up your family is the case of divorce. When your past sweet memories of wedding and marital life do not work and you feel enough of it, it is the time to seek some expert divorce attorneys like Austin divorce lawyers.
Austin family law attorneys are expert in tackling all family issues including the divorce. Austin family lawyers protect you and your family by working through the process of case of divorce and they guide you legally. The Milner Law Firms Austin family attorneys are familiar with divorce laws and an help you advising on how local state government law can be helpful to get the best solution for your case.
Whether you want to file for divorce or it is a matter of divorce and finance, Austin divorce lawyer is always there to help you out. Austin family attorney services also include child support in the matter of child custody. They also make you aware of divorce law in your state and guide you accordingly. By hiring Austin divorce attorneys, you are updated with latest divorce law news and they can also guide you on how to tackle such cases legally.
When it is a matter of divorce court case, you should never take it lightly. It requires a special skill set that Austin divorce lawyers have. They are professional and experienced in tackling such family issues. The professional attorneys are also good at convincing which that will try to sort out the problem in best possible way to avoid further legal procedure. They offer highly skill expert mediation and arbitration service. However, if nothing works, they diplomatically tackle the situation!
The Milner Law Firm is in ethical practice and that is what makes them master in tackling divorce cases. Every customer is treated with all respect and is personally assisted. They have the passion to find a resolution in divorce case that would protect the children, maximize the financial security and last but not the least, promote a positive future.
Hiring expert divorce lawyer may not bring all the sweet memories back but then they certainly help you reducing the pain that has been given by your partner.
You already know how grueling it is to just wake up and roll out of bed in the morning. You leave your radio off on your way to your job because every song is a painful reminder of him. You can’t even bear to eat at the same restaurants you took her to. And if that isn’t bad enough, you have to deal with the loss of friends and family that are on “their side”. But here’s some good news… Most relationships CAN be salvaged! You may find it difficult to believe that almost every break up for whatever reasonbetrayal, plain old lost passion, loss of interest, a stolen heart and worse…even the worst situations you could conceivelike men serving prison terms have salvaged their relationships. Yes, even Ex-convicts have reunited with girlfriends and wives after being away for years! It doesn’t matter if you were the one that got left or did the leaving your pain is real and can be healed. Find out everything you need to know to feel better within twenty-four hours. It’s true you could be feeling significantly better one day from today. The Magic of Making Up System can… Show you how to take COMPLETE CONTROL OF THE BREAK UP and make your ex become extremely attracted to you and want to have sex with you every day of the week! Yes it is realistic with “The Instant Reconnect Technique” (my favorite technique). You can use these secrets right now to make your ex Come CRAWLING BACK TO YOU on their knees while they are begging you to take them back! However, I must STRONGLY CAUTION YOUthe advice and techniques are VERY unconventional. Relationship counselors get REALLY ANGRY because they are charging a lot of money (sometimes for months and even years) and you could do just one of the procedures in the book And next thing you know… youre back together with your ex. I just don’t believe that any amount of sitting in a classroom can make up for the REAL WORLD experience that you will learn. Human psychology plays a big part in the approach to getting back with an ex. Unconventional techniques and relational psychology is a large part of the Magic of Making Up. It will lead you toward a recovery just like thousands of other separated people have experienced. Your pain could be gone, faster than you can begin to imagine, forever, if youre willing to follow the system. How would it feel to wash away your pain, to remove the knot eating you up from the inside? “Do you want all the magical behavior controlling advice to get your ex back?”
SPEAK OUT OF TURN DURING COURT. Each judge has a system, and that system is their way of maintaining orderliness in their courtroom. Honor the system, or you may damage your credibility with the judge.
#6 ASSUME YOUR SPOUSES SILENCE MEANS AGREEMENT. A woman left her soon-to-be ex-husband a voicemail, telling him she would not sign the Agreed Decree for divorce because its terms were unfair. She requested extra time to file a response. Although her husband did not return her call, she was absolutely certain he would grant her the extra time.
Instead of granting her the extra time, her husband proceeded with forging the womans signature on the Agreed Decree, hoping it would be finalized and he would be able to enforce its unfair terms against the woman.
What is the point of this story? Do not assume your spouses silence means he/she is in agreement with you.
#5 FAIL TO FULLY RETAIN YOUR DIVORCE ATTORNEY. Your divorce case will be fact-intensive and will involve time. Once you get to the half-way point of the divorce process, your attorney will be intricately involved.
Fully retain your attorney, or you may have to find a new attorney, which would set your case back significantly.
#4 USE PROFANITY IN THE COURTROOM. Inside of the courtroom, there is a high level of decorum that the judges bailiff, the judges clerk, and the judge himself will expect you to honor. Refrain from using profanity in the courtroom.
#3 HOLD YOUR CHILD FOR RANSOM. You may have heard of a case like this: Per a Temporary Agreement, mom has custody of her six-year-old son, and dad, who lives out of state, gets him during school breaks and holidays. Everything goes okay until the end of Christmas break, when dad fails to show up at the agreed-upon meeting point to return son to mom. Dad wont return moms frantic phone calls. Dad calls mom the next day, saying son will be living with him, and if she wants to see him again, she will have to agree to new terms.
At the point when dad uttered those words, he committed Contempt of Court. Withholding your child from your spouse in exchange for more favorable terms is against the law and will be punished. Do not hold your child for ransom against your spouse!
#2 DO SOMETHING DRASTIC. Here is a checklist of “drastic” mistakes spouses sometimes make:
Leave a voicemail, or send an e-mail or note to your child, bad-mouthing their mom/dad.
Bribe your child (candy, an X-box 360, etc.) so that the child will tell the judge he wants to live with you.
Hide, or ask a friend to hide, your marital assets.
Hire a friend/co-worker to spy on your spouse.
When in doubt about the proper action, always ask your divorce attorney.
#1 LIE TO THE JUDGE WHILE UNDER OATH.
Before marriage, couples often shy away from discussions of money, and their reluctance is understandable: Finance and romance seem mutually exclusive.
In fact, however, bringing financial issues into the open can be healthy, and it can be done without a full-scale return to the days of arranged marriages and fiercely negotiated dowries. Today, a couple can enter into a prenuptial agreement before the wedding, and that agreement will govern a wide range of financial matters in the future.
What can you put into a Prenuptial Agreement?
A prenuptial agreement can cover a wide range of financial matters both during and after the marriage.
You can use a prenuptial agreement to specify whether some property individually obtained during the marriage will remain the property of one spouse and will not be treated as community property.
You can keep property, including property that might later be acquired by inheritance, in one spouses family.
You can limit one spouses liability for the debts of the other spouse.
You can define your respective financial responsibilities during the marriage, separating responsibility for household expenses, specifying how bank and credit accounts will be handled, and determining how taxes will be filed.
You can make provision for a spouses children from a previous marriage.
You can decide how property will be divided in the event of divorce and, in some jurisdictions, whether alimony will be part of the divorce settlement.
The precise answer to the question “What can you put into a prenup?” varies from state to state, but its fair to say that almost anything that is otherwise legal can be included, except for an agreement that defines the terms of support for the couples children.
How do you get a prenup?
The hallmarks of a valid, enforceable prenuptial agreement are disclosure and fairness. Unless both parties disclose all relevant details of their finances, the agreement is readily challenged, and it makes good sense to provide that information well in advance of the wedding day. The party receiving that information should have enough time to understand its implications. When information is provided at the last minute, a prenuptial agreement lawyer can argue that it was tantamount to receiving no information at all.
Demonstrating the requisite degree of fairness does not necessarily require that the agreement be fair by some particular standard. It does, however, necessitate the involvement of legal counsel. Each spouse must be provided with his or her own prenuptial agreement lawyer, someone with undivided loyalty to the individual, not to the parties as a couple.
The question “How do you get a prenup?” is only part of the ultimate question. In order to arrive at a prenuptial agreement that works, one that is valid and enforceable, both parties must put their cards on the table and each must have separate legal representation.
The New York centre for divorce and mediation offers a range of services about family relationships. Each of it plays a vital role giving more space to lead a complete happy family. Their service includes couples therapy, divorce and recovery, psychotherapy, psychoanalysis, collaborative divorce and mediation services. These services range with experienced professionals from the centre of divorce and recovery and the professional divorce and mediators in New York.
The peaceful forms of life are seen with the help of NYC divorce. It brings the complete solution to family relationships, thy helps to overcome the stress, strain and pain passing these days. Their situations are mastered by professionals with thorough analysis and starting with counseling. To get the solution for the problems, counseling in New York centre helps the couples to decide their commitments and responsibilities.
Individuals passing through a complex stage of life with destructive behavioral patterns, imbalance state in work and relationship with repeated failures are guided with the expert therapists in New York City. They can overcome such conditions with two experts and should have a consultation with psychoanalytic psychotherapists.
NYC therapists, psychoanalysts and psychotherapists play the key role with analyzing the persons strange conditions and problems under certain sessions according to their impact. Psychoanalysts connect the person with three to four sessions or sometimes five sessions a week, thoroughly analyzing their background and feelings. While connecting often helps the person to express out freely and could come out of their problem shell. Psychoanalysis is more helpful to fight the persons negative feelings and emotions. The sessions are proceeded with psychoanalytic psychotherapists consultation, where it helps the individual to express out and know their right way of life.
Marriage counseling in NYC helps the person to know oneself. It is very much important as it helps to avoid negative marriage complications like divorce or misunderstandings. With couples getting started with marriage counseling will have a very good understanding to life on a broad spectrum. Added to it, they are able to gain the best relationship with better understanding and good level of adjustments. Adjustment and patience is widely necessary, which they are advised to master in every phase of life.
NYC psychotherapy is the different approach to the people is the first step of consultation with the psychotherapists. After a consultation the patient is proceeded with further reference where they should offer all the necessary details including the insurance coverage. Soon, they are guided to solution on a unique way.
Sometimes married couples do not get along and find that they are never going to make the marriage work. That is when a divorce comes into mind. A divorce is a legal action between married people to terminate their marriage relationship. It is a hard time for all that is involved.
We hope that you finish this article having learned at least a little bit of new information. If so, then we have done our job.
There is something that is called a no failing divorce. This means that the incite does not get in to why the pair requests to be removed. It worn to be that the guise opening the divorce had to verify certain reasons for receiving removed. Some of these reasons included falseness or abuse. This time was regularly demanding for the pair and even a little embarrassing. The questions of what parties had been liability are personal and these topics come out in the inciteroom.
Now the law is different and it permits one of the parties to get a divorce if he or she states in incite that the marriage is irretrievably crushed. mostly the umpire will not ask any other questions about the marriage and permit the divorce to move on.
In some divorces, however, they can get awkward and there are many emotions brought out in incite. This is a hard time to covenant with and many people go through very depressing epoch. In some of the instances, one gather does not want the divorce and they will brawl it with all that they have. This will make the position harder on both parties.
During the second part, we must switch to a more serious side to fully communicate the subject matter in a way for all to understand.
Some incite systems will want to make assured that the pair is liability the right thing. They will in some luggage order the pair to obtain counseling. This is typically only for the pairs that there is plan for. This is not for everybody and it is important to do only if one or both of the parties involved thinks that there is a attempt for reconciliation.
People regularly epoch give up on their marriage too hurriedly. In some luggage, they never genuinely give the other guise or the marriage a attempt. There are hard epoch in all marriages and some people influence to try and work it out, while others lean to just want to give it all up as hasty as they can.
It is forever best to do what makes both parties exultant and able to move on and get back to living the remainder of their life. leaving through a divorce will be one of the toughest clothes a guise can live through.
If you need help with this subject, or do not know how to begin, there are several free resources on related websites to give you a boost.