SELECCIÓN DE TEXTOS.

Este trabajo de compilación contiene los

textos que se utilizarán para el dictado de
la materia. Los textos ilustran los distintos
ejes temáticos abordados para la
enseñanza de las técnicas de comprensión
lectora en lengua extranjera

LECTOCOMPRENSIÓN
– INGLÉS
MATERIAL DIDÁCTICO
ALUMNOS
UNIDAD 8

DEPARTAMENTO DE IDIOMAS
 UNIDAD 8:

DERECHO DE FAMILIA

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 ÍNDICE DE CONTENIDOS

TEXTO 1: A. Anticipación del tema a través de cartoons

TEXTO 1 B. Why a cohabitation agreement is essential for non-

married couples

TEXTO 2: Premarital Agreement

TEXTO 3: New Decision on Civil Partnership Breakdown

TEXTO 4: The Four Divorce Alternatives

TEXTO 5: A. Express Divorce in California

TEXTO 5 B. First ‘express’ divorce officially requested

TEXTO 5 C. Local courts offer express divorces

APÉNDICE 1: Civil Partnership Act

APÉNDICE 2:: Prenuptial Agreements in Illinois

APÉNDICE 3:: Illinois Uniform Premarital Act.

APÉNDICE 4:Sample Cohabitation Agreement

APÉNDICE 5: Ending a Civil Partnership

APÉNDICE 6: Woman could win cash payout 20 years after divorce

APÉNDICE 7: D8 divorce form - where can I get one?

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TEXTO 1A: Anticipación del tema a través de cartoons

Anticipación del tema a través de cartoons

Cartoon 1

Fuente: https://cdn.andertoons.com/img/toons/cartoon4224.png

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Cartoon 2

Fuente: https://pbs.twimg.com/media/CHUWdYrUEAA-ij1.jpg

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TEXTO 1B: Why a cohabitation agreement is essential
for non-married couples
Fuente: http://www.theguardian.com/profile/jillpapworth
Saturday 9 March 2013 Last modified on Wednesday 21 May 2014 The Guardian

Why a cohabitation agreement is essential for non-married

couples

A sharp increase in the number of cohabiting couples over the past 15 years or so has led
to a rise in complex and often costly legal disputes when they split up.

Despite what many believe – and around one in four people living together think they
have the same legal protection as married couples, according to research by the Co-op –
there is no status in English law as a common-law spouse or partner.

The number of unmarried couples has doubled since the mid-1990s to nearly three
million, while the number of children living with unmarried parents has risen from 0.9
million in 1996 to 1.8 million in 2012. In addition, there are an estimated 6,000 same-sex
couples, not in a civil partnership, who have children.

However, virtually nothing has changed in how the law treats cohabiting couples and
their property if they separate.

"Basically the law does not recognise in any meaningful way a living-together relationship
outside marriage or civil partnership," says Christina Blacklaws, director of family law at
Cooperative Legal Services.

If a cohabiting relationship breaks down there is very little protection for the weaker
partner, typically the woman, who often has children. As a result, some cohabiting
families can find themselves facing real difficulties should they split up, particularly when
children are involved.

In England and Wales, when married couples divorce or civil partners break up (known as
dissolution rather than divorce), both parties have a legal right to maintenance and their
share of assets, including property and inherited property. The judiciary has complete
discretion under marital law to take all the circumstances and history of the relationship
into account and decide on a fair division.

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Cohabiting couples have no such rights, regardless of the number of years they have been
together and whether they have children.

"Any attempt to claim part of the property in such a case is fraught with difficulties,
because what you have is a situation where there is no law," Blacklaws says. " All the
courts can do is try to bring fairness using cobbled-together bits of other legislation on
property, land and trust law but it is legally and technically complex. Therefore, it can
cost an enormous amount of money to fight it out in court."

Where cohabiting couples jointly own their family home, in English law the property will
automatically be divided 50:50 – even if one partner contributed more to its purchase –
unless they made a written legal agreement at the time of purchase saying in what
proportions they own it. Again, if one partner wants to challenge this in court, it is likely
to be costly and there is no guarantee they will win.

Despite the Law Commission making recommendations in 2007 that the rights of
cohabiting partners upon separation should be increased, nothing much has changed. The
current government indicated in 2011 that it had no plans to act on the proposed reforms.

As the law stands, the only solution for cohabiting couples who want legal protection
should they split up is either to marry or enter a civil partnership, or to draw up a
cohabitation agreement, otherwise known as a living together agreement or "no nup".

So what is a cohabitation agreement?

It sets out who owns what and in what proportion and lets you document how you will
split your property, its contents, personal belongings, savings and other assets should the
relationship break down. It can also cover how you will support your children, over and
above any legal requirements to maintain them, as well as how you would deal with bank
accounts, debts, and joint purchases such as a car.

The agreement can also be used to set out how you and your partner will manage your
day-to-day finances while you live together, such as how much each contributes to rent or
mortgage and bills, and whether you will take out life insurance on each other.

Isn't that a bit unromantic?

Maybe, but being realistic when you first get together can save emotional and financial
heartache in the future. A living together agreement lets you agree things in a fair way at
the outset without the pressures that can arise if a relationship breaks down.

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How is the agreement put together?

Before seeing a lawyer, couples should agree on who owns what, how their assets should
be divided in the event of a split and what they want from the agreement. One partner
then pays their lawyer to get the agreement properly drawn up and a copy is sent to the
other partner, who ideally should get their own lawyer to go through it. Once both parties
are satisfied with the agreement, the document is signed and witnessed.

Is it legally binding?

"Yes, so long as it is properly effected – which means both parties getting independent
legal advice on the agreement. Then it will have full force of law," says Blacklaws. This is
to avoid later allegations of undue duress such as, "my partner made me sign it".

"If a couple does break up, then any court will abide by such a contract though, in
practice, we find that if people have gone to the effort of getting a cohabitation agreement
they tend to abide by it themselves if they split up, without the need for the courts to get
involved."

Should we do anything else to protect ourselves legally?

Make wills. If you die intestate – without leaving a will – there are strict rules about who
gets what, and nowhere in English law are cohabiting partners recognised. If you are not
married or in a civil partnership, the only way you can make sure your partner will inherit
if you die is to make a will.

• Note that the situation is different in Scotland where cohabitation and property rights
are defined under the Family Law (Scotland) Act 2006.

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TEXTO 2: Premarital Agreement
Fuente: www.prenhall.com/divisions/ect/app

PREMARITAL AGREEMENT

PREAMBLE

THIS AGREEMENT is made this _____ day of ________________ 2008, by and

between ____________________________________ of ___________________,
and _________________________________ of__________________________,
collectively referred to as “the parties”.

RECITALS

WHEREAS,

A. The parties plan to be married in ___________________________on or about

______________________, 2008. Neither of the parties has been married previously.

B. Each recognizes that the other is gainfully employed and possesses property and assets
independently acquired prior to their intended marriage such that each is able to provide
for his or her own individual needs. Each desires to enter this agreement realizing that
either or both of the parties’ financial, health, or other circumstances may change
substantially in the future.

C. The parties intend by this Agreement to define and fix their respective rights and
obligations to each other with regard to spousal support and to any property now owned
or hereafter acquired before or after the date of their marriage, in the event of the
termination of their marriage by death or legal process.

D. A owns certain property, both real and personal, as listed on Exhibit 1 attached hereto
and incorporated herein, the nature and approximate value of which has been fully
disclosed to B prior to execution of this Agreement. Also listed on Exhibit 1 and previously
disclosed to B is A’s indebtedness exclusive of his personal expenses.

E. B owns certain property, both real and personal, as listed on Exhibit 2 attached hereto
and incorporated herein, the nature and approximate value of which has been fully
disclosed to A prior to execution of this Agreement. Also listed on Exhibit 2 and
previously disclosed to A is B’s indebtedness exclusive of her personal expenses.

F. The parties acknowledge that each has had an adequate opportunity to negotiate,
review, and consider the terms of this Agreement prior to execution; that each has been
advised by independent counsel of his or her individual choice as to their rights as a
spouse under the law and the legal effect of the Agreement on those rights; that each
believes the provisions of the Agreement are fair, just, and reasonable; that each
understands, assents to, and intends to be bound by its provisions; and that each enters

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the Agreement freely, voluntarily, and without any duress, undue influence, or illegal
consideration.

G. This Agreement shall become effective only upon the marriage of the parties within a
period of one (1) year from the date hereof, and, if such marriage is not solemnized within
said period, then this Agreement shall be null and void.

NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties mutually agree as follows:

AGREEMENTS

1. Definition of Separate Property

For purposes of this Agreement, “separate property” shall be defined as:

a. all assets in which each presently has an interest exclusive of the other as shown on the
Schedules contained in Exhibit 1 and 2;

b. any inheritances, gifts, bequests, or devises received by either of them after the date of
the parties’ marriage;

c. all appreciation, reinvestments, and proceeds of sale or redemption of any of the above
property after the date of the parties’ marriage;

d. any property designated as separate property by both parties in writing after the date of
their marriage; and

e. any income earned by either party during the marriage including salaries and bonuses.

2. Separate Property during Marriage

Each party agrees to keep and retain the sole ownership and control of any property held
as his or her separate property as herein defined without interference from the other and
in the same manner as if the marriage had not occurred.

3. Separate Obligations of the Parties

Obligations of a party incurred prior to the marriage shall remain the separate obligations
of that party. The other party shall not be liable for those obligations, and shall be
indemnified and held harmless from them by the responsible party. Such existing
obligations shall be paid from the separate property of the responsible party.

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4. Definition of Marital Property

For purposes of this Agreement, with the exception of either party’s separate property as
herein defined, marital property (“Marital Property”) shall be defined as all property
accumulated by the parties during the marriage until the date of the death of either party
or the date on which any legal action for separation, annulment, or divorce is commenced.
Marital property shall also include any property designated as marital property by both
parties in writing after the date of the marriage.

5. Marital Property upon Termination of the Marriage

a. In the event of termination of the marriage by legal proceedings, all assets then jointly
owned by the parties as joint tenants, tenants by the entirety, or otherwise and not herein
defined as separate property shall be divided equally between the parties.

b. In the event of the termination of the marriage by the death of a party, all assets defined
as marital property shall become the sole property of the surviving party to the exclusion
of the decedent’s estate. The surviving party shall own said property subject to any liens,
mortgages, or encumbrances secured by the property.

6. Mutual Waivers
a. Waiver of Rights to Property: In the event of termination of the marriage by divorce or
annulment, the parties agree not to assert any claim of any kind to the separate property of
the other as herein defined. This waiver shall not apply to marital property.

b. Waiver of Rights to Maintenance and Support: In the event of a legal separation,

divorce, or annulment, the parties agree to waive any rights to spousal support or
maintenance of any kind to which either might otherwise be entitled. The parties agree
that this provision may be entered as a complete defense by either party in response to an
action for alimony. The parties further agree that nothing herein shall be deemed a waiver
of either party’s right to claim child support
for support of any minor children born to or legally adopted during their marriage.

c. Waiver of Estate Claims: In the event of the death of one of the parties, each party
hereby relinquishes and waives all rights, claims, and interests that he or she may have or
acquire as surviving spouse, heir at law, or otherwise in the estate of the other party.

7. Wills/Trusts
Nothing contained herein shall preclude or prevent either party from freely executing a
will or settling a trust that confers benefits on the other party, or from nominating the
other party as executor or trustee, or from exercising any power of appointment in favor of
the other party.

8. General Provisions
a. Entire Agreement

The parties agree that this Agreement contains their entire understanding and that there
have been no additional promises, representations, or agreements made to either party by
the other, oral or written, except as set forth herein.
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b. Modification

This Agreement may be modified, amended, or rescinded at any time after the
solemnization of the marriage, only by a subsequent written agreement between and
signed by the parties.

c. Waiver of Breach or Default

No waiver of breach or default with respect to a provision of this Agreement shall be

deemed a waiver of any subsequent breach or default.

d. Binding Effect

This Agreement shall be binding on the parties hereto and their respective legal
representatives, heirs, successors, and assigns.

e. Severability

In the event any provision of this Agreement shall be held illegal, invalid, or otherwise
unenforceable, such holding shall not invalidate or render unenforceable any other
provisions hereof, and the offending provision shall be severed from this Agreement and
be null and void and of no force and effect.

f. Governing Law

This Agreement shall be governed, controlled, and interpreted under the laws of the state
of ________________.

IN WITNESS WHEREOF, the parties have signed, sealed, and acknowledged this
Agreement on the day and year indicated below.

Witness_____________________________ Witness_____________________________

Name of prospective spouse A____________

Name of prospective spouse B____________
Date_______________________________

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 EXHIBIT 1

SCHEDULE OF ASSETS FOR ___________________

Assets Fair Market Value Adjustments Net Value

Real Estate
(List) Personal Property
Bank accounts
Stocks and securities
Retirement funds
Life insurance
Antiques
Jewelry
Collections
Vehicles including boats, etc.
Other
Total

Liabilities
(List)
Total
Net Worth
Date:
___________________________

Signature of prospective spouse A

I hereby acknowledge that I have received and reviewed this schedule of assets and
liabilities.
Date:
____________________________

Signature of prospective spouse B

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TEXTO 3: New decision on civil partnership breakdown
Fuente: http://barcankirby.co.uk/new-decision-on-civil-partnership-breakdown/
02.05.2012
New decision on civil partnership breakdown
The 2005 introduction of civil partnerships was a social and legal landmark. By allowing
same sex couples to legally recognise their partnership, the Civil Partnerships Act 2004
provided similar legal rights and protections afforded to married couples, including the
right to dissolve their relationship and claim financial relief.

Whether civil partners should be treated the same as heterosexual couples when divorcing
has been the subject of much debate. Separate laws exist for civil partners, yet the
principals for dividing their matrimonial assets upon dissolution are virtually the same as
those for marriage.

Irrespective of whether it’s a marriage or civil partnership in question, the starting point
when a partnership breaks down is usually an equal 50/50 split. But what if some of the
assets are classed as ‘non-matrimonial’? Or put simply, where one spouse pre-owned an
asset or acquired an asset through inheritance. This begs the question – how do you divide
assets that were brought into the partnership by one of the party solely?

In March 2012, the Court of Appeal passed its first judgement on a civil partnership case in
the UK. This was a landmark case, but easily overlooked.

Mr Lawrence, a financial analyst at JP Morgan, and Mr Gallagher, an actor, lived together

for 11 years before entering into a civil partnership in 2007. Their assets totalled £4 million
and included a London flat, worth £2 million and purchased by Mr Lawrence in 1995.
Both parties also co-owned a cottage in West Sussex, worth just under £1 million.

Their civil partnership lasted 7 months and, in 2009, Mr Lawrence applied to the Court to
dissolve their partnership.

In many cases, both parties are able to agree how to divide their assets with the help of
legal advice. Mr Lawrence and Mr Gallagher failed to reach such an agreement however,
and Mr Gallagher applied to the Court for an ancillary relief order regarding the
matrimonial assets.

The Court awarded Mr Lawrence the central London flat, as this was purchased prior to
the start of the relationship. Mr Gallagher was awarded the Sussex cottage and a lump
sum of £577,778, intended to address the discrepancy in value between the two properties.

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Mr Lawrence appealed against this decision.

At the Court of Appeal, it was confirmed from the outset that there were no differences
between the principles applied to divorce and those applied to the dissolution of a civil
partnership. However, the challenge remained about whether there should be a balancing
payment to reflect the difference in value between the two properties. As a consequence of
this challenge, Mr Gallagher’s sum was reduced to £350,000, taking his award from 42% to
just over 31% of the couple’s assets.

Whilst this is a substantial departure from equality, the decision still seems to endorse that
the family property can be treated as ‘matrimonial’, even if it was pre-owned by one party.
In this case specifically, the London flat was included in the ‘matrimonial pot’ of assets to
be shared as it has been used by both parties as their home.

So, given that the evidence suggests no difference in the approach between gay and
heterosexual couples, what factors actually determine the division of matrimonial or ‘non-
matrimonial’ assets?

Until the Law Commission’s report, due in 2013, addresses how ‘non-matrimonial’
property should be treated, Judges will continue to apply the current principals of
‘fairness’. This will include the income and earning capability, as well as financial needs
and responsibilities, of each party; the standard of living enjoyed; the duration of the
marriage and the age of each party.

There are, however, numerous other factors that provide the court with wide discretion to
reach an outcome that is fair to both parties. And, as a result, it can be difficult to
accurately predict the Court’s outcome.

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TEXTO 4: The Four Divorce Alternatives
Fuente: http://www.forbes.com/forbeswoman

The Four Divorce Alternatives

(Photo credit: Wikipedia)

No two marriages are the same, and so it only follows that no two divorces will be the
same, either.

In fact, if you’re a woman who’s contemplating divorce, you have several options
about how to proceed. In general terms, you need to consider four broad categories of
divorce alternatives: Do-It-Yourself (DIY), Mediation, Collaborative and Litigation. Let’s
take a look at the pros and cons of each one.

Do-It-Yourself Divorce
The best advice I can give you about Do-It-Yourself Divorce, is DON’T Do-It-Yourself!

Divorce is very complicated, both legally and financially. You can easily make mistakes,
and often those mistakes are irreversible. The only scenario I can envision when a Do-It-
Yourself divorce may make any possible sense might be in a case where the marriage
lasted only two or three years and there are no children, little or no assets/debts to be
divided, comparable incomes and no alimony. In a case like that, a Do-It-Yourself divorce
could be accomplished quite quickly and inexpensively. Nevertheless, I would still highly
recommend that each party have their own separate attorney review the final documents.

Mediation

In divorce mediation, a divorcing couple works with a neutral mediator who helps both
parties come to an agreement on all aspects of their divorce. The mediator may or may not
be a lawyer, but he/she must be extremely well-versed in divorce and family law. In
addition, it is critical for the mediator to be neutral and not advocate for either party. Both
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parties still need to consult with their own, individual attorneys during the mediation and
prior to signing the final divorce settlement agreement.

Here are a few pros and cons to consider before deciding if mediation will work for you.

On the “pro” side, divorce mediation may:

• Result in a better long-term relationship with your ex-husband since you will not “fight”
in court.

• Be easier on children since the divorce proceedings may be more peaceful.

• Expedite an agreement.

• Reduce expenses.

• Help you stay in control of your divorce because you are making the decisions (and the
court isn’t).

• Allow for more discretion. Mediation is private; litigated divorce is public.

However, on the “con” side, divorce mediation may also:

• Waste time and money. If negotiations fail, you’ll need to start all over.

• Be incomplete or unduly favorable to one spouse. If the mediator is inexperienced or

biased towards your husband, the outcome could be unfavorable for you.

• Result in an unenforceable agreement. A mediation agreement that’s lopsided or poorly

drafted can be challenged.

• Lead to legal complications. Any issue of law will still need to be ruled upon by the
court.

• Fail to uncover certain assets. Since all financial information is voluntarily disclosed and
there is no subpoena of records, your husband could potentially hide assets/income.

•Reinforce unhealthy behavior patterns. If one spouse is dominating and the other is
submissive, the final settlement may not be fair.

• Fuel emotions. Mediation could increase negative behavior of a spouse with a

propensity for physical/mental or drugs/alcohol abuse.

Couples often hear about the wonders of mediation and how it is reportedly a better, less
contentious, less expensive and more “dignified” way to get a divorce. However, my
biggest problem with mediation is that the sole role and goal of the mediator is to get the
parties to come to an agreement –any agreement! Remember, the mediator cannot give

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any advice. All they can do is try to get you to agree. Unfortunately, not all agreements are
good agreements, and in fact, in many cases, no agreement is better than a bad agreement.
So unless both parties can be fairly reasonable and amicable (and if they can be, why are
they getting divorced???), I believe that mediation is usually not a viable option for most
women.

Collaborative Divorce

Simply put, collaborative divorce occurs when a couple agrees to work out a divorce
settlement without going to court.

During a collaborative divorce both you and your husband will each hire an attorney who
has been trained in the collaborative divorce process. The role of the attorneys in a
collaborative divorce is quite different than in a traditional divorce. Each attorney advises
and assists their client in negotiating a settlement agreement. You will meet with your
attorney separately and you and your attorney will also meet with your husband and his
attorney. The collaborative process may also involve other neutral professionals such as
a divorce financial planner who will help both of you work through your financial issues
and a coach or therapist who can help guide both of you through child custody and other
emotionally charged issues.

In the collaborative process, you, your husband and your respective attorneys all must
sign an agreement that requires that both attorneys withdraw from the case if a settlement
is not reached and/or if litigation is threatened. If this happens, both you and your
husband must start all over again and find new attorneys. Neither party can use the same
attorneys again!

Even if the collaborative process is successful, you will usually have to appear in family
court so a judge can sign the agreement. But the legal process can be much quicker and
less expensive than traditional litigation if the collaborative process works.

Unfortunately, though, I have found that the collaborative method often doesn’t work well
to settle divorces involving complicated financial situations or when there are significant
assets. In collaborative divorce, just as in mediation, all financial information (income,
assets and liabilities) is disclosed voluntarily. Often the husband controls the “purse
strings,” and the wife is generally unaware of the details of their financial situation. When
this kind of inequality exists, the door is often wide open for the husband to hide assets.
What’s more, many high net worth divorces involve businesses and professional practices
where it is relatively easy to hide assets and income. Additionally, the issue of valuation
can be quite contentious.

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So, as a general rule, my recommendation is this:

Do NOT use any of these first three options –Do-It-Yourself Divorce, Mediation or
Collaborative Divorce — if:

 You suspect your husband is hiding assets/income.

 Your husband is domineering, and you have trouble speaking up or you’re afraid to
voice your opinions.

 There is a history or threat of domestic violence (physical and/or mental) towards

you and/or your children.

 You or your husband has a drug/alcohol addiction.

Litigated Divorce

The fourth divorce option is the most common. These days, the majority of divorcing
couples choose the “traditional” model of litigated divorce.
Keep in mind, though, “litigated” does not mean the divorce ends up in court. In fact, the
vast majority of all divorce cases (more than 95 percent) reach an out-of-court settlement
agreement. “Litigation” is a legal term meaning ‘carrying out a lawsuit.’

Why are lawsuits a part of divorce? Because contrary to popular belief divorce usually
does not involve two people mutually agreeing to end their marriage. In 80 percent of
cases, the decision to divorce is unilateral –one party wants the divorce and the other does
not. That, by its very nature, creates an adversarial situation right from the start and often
disqualifies mediation and collaborative divorce, since both methods rely on the full
cooperation of both parties and the voluntary disclosure of all financial information.

Clearly, if you are starting out with an adversarial and highly emotionally charged
situation, the chances are very high that collaboration or mediation might fail. Why take
the risk of going those routes when odds are they might fail, wasting your time and
money?

The most important and most difficult parts of any divorce are coming to an agreement on
child custody, division of assets and liabilities and alimony payments (how much and for
how long). Although you want your attorney to be a highly skilled negotiator, you don’t
want someone who is overly combative, ready to fight over anything and everything. An
overly contentious approach will not only prolong the pain and substantially increase
your legal fees, it will also be emotionally detrimental to everyone involved, especially the
children.

Remember: Most divorce attorneys (or at least the ones I would recommend) will always
strive to come to a reasonable settlement with the other party. But if they can’t come to a

19
reasonable settlement or if the other party is completely unreasonable then, unfortunately,
going to court, or threatening to do so, might be the only way to resolve these issues.

If you have tried everything else, and you do end up in court, things can get really nasty
and hostile. Up until that point both attorneys were “negotiators,” trying to get the parties
to compromise and come to some reasonable resolution. But once in court, the role of each
attorney changes. Negotiations and compromise move to the back burner. Their new job is
to “win” and get the best possible outcome for their client.

And don’t forget, once you’re in court, it’s a judge who knows very little about you and
your family that will make the final decisions about your children, your property, your
money and how you live your life. That’s a very big risk for both parties to take –and
that’s also why the threat of going to court is usually such a good deterrent.

Here’s my last word of advice about divorce alternatives: Weigh divorce options carefully.
The bottom line is that every family, and every divorce, is different. Obviously, if you are
able to work with your husband to make decisions and both of you are honest and
reasonable, then mediation or the collaborative method may be best. But, if you have
doubts, it is good to be ready with “Plan B” which would be the litigated divorce.

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TEXTO 5A: Express Divorce in California
Fuente: http://www.charlesullman.com/blog/2013/06/express-divorce-california/

EXPRESS DIVORCE IN CALIFORNIA

A new one-day divorce program has become a hit in one California County,
according to the Sacramento Bee.

Couples are flocking to the courthouse where law students are helping them
obtain “express checkout divorces” which allow for a quick dissolution of the
marriages without costly and sometimes messy litigation. More than 70
percent of spouses seeking divorce in Sacramento County go through the
process of separation and divorce without attorneys, the newspaper reports.
But that can create problems that lead to multiple trips to the courthouse
without coming to a final resolution.

Those who opt for the one-day divorce program get help filling out
paperwork from law students from Lincoln Law School and the McGeorge
School of Law. A family law judge then reviews the documents to make sure
that they comply with state law, and the divorce is official.

About 20 couples a month are using the one-day divorce program each
month in Sacramento County, according to the newspaper. Most are in
situations with few disputes over issues such as child support, alimony and
property division. That allows them to move on with their lives quickly and
frees the court system to focus on cases that really do need more intense legal
intervention.
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If you are preparing to divorce and are unsure about whether hiring an
attorney is right for you, you may benefit from contacting a family law firm
for some general advice. You may learn that there are aspects of the case that
you haven’t considered that could complicate matters more than you
anticipated.

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TEXTO 5B: First ‘express’ divorce officially requested
Fuente: http://www.buenosairesherald.com/article/195608/first-E2%80%98express%E2%80%99-divorce-
officially-requested

New Civil and Commercial Code

Tuesday, August 4, 2015

First ‘express’ divorce officially requested

The first “express” divorce as permitted under the new Civil and Commercial
Code which came into effect on Saturday has been filed for, granting the first
applicant Sebastian Coppola the right to proceed with the legal process
immediately despite the complete lack of communication between him and
his former partner for more than two decades.

“None of the social networks helped me find her and I could never get
divorced because with the previous law the process was quite complicated,”
Coppola said. He was separated from his legal spouse for more than 26 years,
the pair having split and losing all contact less than four weeks into their
marriage, with no children or joint assets to help maintain their links.

Even though the pair did not speak, Coppola was unable to go through with
a legal separation due to the now-defunct divorce laws that came into effect
when the process was legalized in Argentina in 1987 — including, among
other regulations, the need for both parties to participate in the process.

“Before entering into any relationship, I’ve always had to make it clear I
couldn’t marry, and if the woman wanted to, I knew it was not going to
prosper,” he said yesterday. Only now under the new legislation has he been
allowed to file for a “unilateral divorce,” a new category of the legal process
made available by the new Code. His application was swiftly approved and
commenced processing as of yesterday morning.

New beginnings

Divorce lawyers Pablo Lestingi and Virginia Luna, who are providing legal
representation to Coppola in the case, also expressed satisfaction at the
change in legislation, saying that it amounted to progress.

23
“We believe that in terms of family matters, this is a great success. We’ll see
the results,” Luna said.

In the interim decades following the separation and loss of contact with his
ex-partner, Coppola had two stable relationships from which he fathered four
children. Now with a different partner, he hopes to open the door to a
potential marriage.

Also speaking yesterday, Lestingi lamented the time lost to the bureaucratic
difficulties. “It’s crazy that our client has waited 26 years because the
previous law showed some complexity in cases like this,” the lawyer said.

Under the previous legislation, at least three years had to pass before a
divorce could be filed, by which time in Coppola’s case all trace of his ex-
partner had been lost.

“We’re on the road to freedom,” Coppola said.

24
TEXTO 5C: Local courts offer express divorces
Fuente: http://www.10news.com/news/san-diego-superior-court-to-unveil-one-day-divorce-option

Local courts offer express divorces

SAN DIEGO — Beginning Saturday, the San Diego Superior Court will unveil a pilot
program to help eligible parties complete a simple divorce in one day.

The program, to be offered at the downtown Family Court only, will be available to
litigants who represent themselves in court and have no contested issues surrounding the
marital split.

“After the initial filing and serving of the petition, litigants can attain a fast, affordable and
fair resolution of their simple divorce,” court officials said.

“In a time when budget cuts are forcing courts all over California to limit services to the
public, judges from the San Diego Superior Court, court professionals and the legal
community are leading efforts to innovate improvements to the administration of justice
in family law,” Presiding Judge David Danielsen said.

“With the help of a grant from the San Diego Bar Foundation, the court is able to provide
the One Day Divorce option to the public,” officials said.

The first step in the program is for litigants to sit down with a family law expert who will
discuss the terms of the couple’s proposed divorce settlement or the default judgment
process. The next step includes completing the forms necessary to finalize the divorce. If
all the necessary documents and disclosures are completed, the parties appear in court
that very same day to receive their final judgment.

The goal is to have parties leave the courtroom with the final divorce judgment in their
hands.

In California, 72 percent of family law litigants do not have attorneys. Simple divorces are
complicated for self-represented litigants and, as a result, many cases languish in and
congest the court system for years, according to officials.

“One of the biggest complaints about family court is that the process is too complicated
and takes too long to complete,” San Diego Superior Court Family Judge Maureen
Hallahan said. “The ‘One Day Divorce’ program was created to help solve these
problems.”

25
UNIDAD 8: DERECHO DE
FAMILIA

MATERIAL ADICIONAL

26
Apéndice 1: Civil Partnership Act

Civil Partnership Act 2004 (c. 33)

Part 2 — Civil partnership: England and Wales
Chapter 2 — Dissolution, nullity and other proceedings
Dissolution of civil partnership
44 Dissolution of civil partnership which has broken down irretrievably
(1) Subject to section 41, an application for a dissolution order may be made to the
court by either civil partner on the ground that the civil partnership has broken
down irretrievably.
(2) On an application for a dissolution order the court must inquire, so far as it
reasonably can, into—
(a) the facts alleged by the applicant, and
(b) any facts alleged by the respondent.
(3) The court hearing an application for a dissolution order must not hold that the
civil partnership has broken down irretrievably unless the applicant satisfies
the court of one or more of the facts described in subsection (5)(a), (b), (c) or (d).
(4) But if the court is satisfied of any of those facts, it must make a dissolution
order unless it is satisfied on all the evidence that the civil partnership has not
broken down irretrievably.
(5) The facts referred to in subsections (3) and (4) are—
(a) that the respondent has behaved in such a way that the applicant
cannot reasonably be expected to live with the respondent;
(b) that—
(i) the applicant and the respondent have lived apart for a
continuous period of at least 2 years immediately preceding the
making of the application (“2 years’ separation”), and
(ii) the respondent consents to a dissolution order being made;
(c) that the applicant and the respondent have lived apart for a continuous
period of at least 5 years immediately preceding the making of the
application (“5 years’ separation”);
(d) that the respondent has deserted the applicant for a continuous period
of at least 2 years immediately preceding the making of the application.
45 Supplemental provisions as to facts raising presumption of breakdown
(1) Subsection (2) applies if—
(a) in any proceedings for a dissolution order the applicant alleges, in
reliance on section 44(5)(a), that the respondent has behaved in such a
way that the applicant cannot reasonably be expected to live with the
respondent, but
(b) after the date of the occurrence of the final incident relied on by the
applicant and held by the court to support his allegation, the applicant
and the respondent have lived together for a period (or periods) which
does not, or which taken together do not, exceed 6 months.
(2) The fact that the applicant and respondent have lived together as mentioned in
27
subsection (1)(b) must be disregarded in determining, for the purposes of
section 44(5)(a), whether the applicant cannot reasonably be expected to live
with the respondent.
(3) Subsection (4) applies in relation to cases where the applicant alleges, in
reliance on section 44(5)(b), that the respondent consents to a dissolution order
being made.
(4) Rules of court must make provision for the purpose of ensuring that the
respondent has been given such information as will enable him to
understand—
(a) the consequences to him of consenting to the making of the order, and
(b) the steps which he must take to indicate his consent.
(5) For the purposes of section 44(5)(d) the court may treat a period of desertion as
having continued at a time when the deserting civil partner was incapable of
continuing the necessary intention, if the evidence before the court is such that,
had he not been so incapable, the court would have inferred that the desertion
continued at that time.
(6) In considering for the purposes of section 44(5) whether the period for which
the civil partners have lived apart or the period for which the respondent has
deserted the applicant has been continuous, no account is to be taken of—
(a) any one period not exceeding 6 months, or
(b) any two or more periods not exceeding 6 months in all,
during which the civil partners resumed living with each other.
(7) But no period during which the civil partners have lived with each other
counts as part of the period during which the civil partners have lived apart or
as part of the period of desertion.
(8) For the purposes of section 44(5)(b) and (c) and this section civil partners are to be read
as references to their living with each other in the same
household

28
Apéndice 2: Prenuptial Agreements in Illinois
Fuente: http://www.divorcenet.com/resources/prenuptial-agreements-illinois.html#b

Prenuptial Agreements in Illinois

Learn what makes a prenuptial agreement enforceable in Illinois.

by Aaron Thomas

Couples considering marriage today are three times more likely to make a prenuptial
agreement than spouses were ten years ago. No longer just a protection for the wealthy,
prenuptial agreements are used by couples from all income brackets to decide how their
property will be divided if they divorce.

You may be curious how a prenuptial agreement works in your state. This article will
explain what kinds of things an Illinois prenuptial agreement can determine, and how
courts decide whether or not to enforce a prenuptial agreement upon divorce.

What Is a Prenuptial Agreement?

A prenuptial agreement is an agreement between potential spouses, made before
marriage. A prenuptial agreement typically spells out how couple will handle assets,
debts, and other financial issues during their marriage and if they decide to split up. The
agreement goes into effect when the couple gets married.

Who Should Get a Prenuptial Agreement?

While many people believe that prenuptial agreements are “unromantic,” prenuptial
agreements actually help spouses avoid disputes over property and can improve marital
happiness. Each year, more couples choose to enter into prenuptial agreements prior to
marriage to remove doubt from what will happen to their property if they divorce.

There are many reasons you may want to consider a prenuptial agreement. If you have
children from another marriage, a premarital agreement can help protect their future
inheritance. If you have a business, retirement accounts, or any property you own by
yourself, you may want to protect those assets from potential division if you divorce. You
may also want to determine ahead of time what will happen to property you acquire
during the marriage. A prenuptial agreement can help with all of these issues.

29
Of course, your property and debts will be divided by the court when you divorce,
whether or not you have a prenuptial agreement. But creating your own agreement allows
you and your partner to decide who will get what, rather than leaving it up to a judge.

What Issues Can a Prenuptial Agreement Cover?

Prenuptial agreements in Illinois may address any or all of the following issues:

 whether one spouse pays the other alimony after divorce, including the amount
and duration of payments
 each spouse’s ownership of property upon divorce
 each spouse’s rights to use, sell, transfer, manage, or dispose of property
 either spouse’s obligation to create a will to carry out the terms of the agreement
 either spouse’s ownership rights in the death benefit from a spouse’s life insurance
policy
 which state's law will apply to the agreement in case of a dispute, and
 any other matter for which two people can legally contract.
Spouses can amend their prenuptial agreement at any time after they are married. Any
amendment to the prenuptial agreement must be in writing and signed by both spouses.
Spouses can also revoke the agreement altogether by putting their intentions to cancel the
agreement in writing and signing it.

Can a Prenuptial Agreement Determine Child Custody and Child Support

in Illinois?
A child’s right to child support cannot be affected by a prenuptial agreement.

The right to receive child support belongs to the child, and parents can’t contract in
advance how much the child will need at the time of divorce. Similarly, a parent can’t give
away a child’s right to receive financial support from the other parent.

Also, child custody can’t be decided in advance by a premarital agreement. The couple or
the court can decide child custody at the time of divorce. Custody decisions must be based
on the child’s best interests at the time of the divorce.

Learn more about Illinois Child Custody and Support.

How Can I Ensure my Prenuptial Agreement Is Enforceable in Illinois?
Illinois, like many states, has adopted the Uniform Premarital Agreement Act (UPAA).
The UPAA is a set of guidelines that govern how courts decide whether a prenuptial
agreement is enforceable.

All prenuptial agreements must be in writing. Both spouses must also sign the agreement
for it to be enforceable.

Prenuptial agreements do not have to be witnessed by anyone besides the couple, and do
not have to be recorded with the clerk of court.

While a prenuptial agreement doesn’t legally have to include a schedule of each spouse’s
assets and debts, it’s a good idea to include these lists anyway. A court is more likely to

30
enforce the agreement if it includes this type of proof that each spouse knew the other's
financial situation before signing the agreement.

When Will the Court Refuse to Enforce a Prenuptial Agreement?

Courts generally enforce most prenuptial agreements. That one spouse receives a
disproportionate share of assets won’t make the agreement unenforceable. A judge won’t
enforce the agreement under these circumstances:

 One spouse did not sign the agreement voluntarily (signed under duress).
 The financial terms of the agreement would make one spouse eligible to receive
public assistance.
 The terms of the agreement are severely unfair or unjust (also referred to as being
“unconscionable"), and
o One spouse failed to disclose his or her true assets and debts before signing
the agreement
o The spouse who did not receive the other spouse’s honest financial
information did not waive the right to receive it, and
o The spouse who did not receive the other spouse’s financial information
could not have known the information any other way.
The judge hearing the divorce case will decide whether the agreement is unenforceable
due to duress or because it is unconscionable.

For duress to render an agreement unenforceable, it is not enough that one spouse told the
other that there would be no marriage without a prenuptial agreement. One spouse must
have threatened the other to the degree that the threatened spouse had no choice but to
sign the agreement. The court may take into account the period of time between the
agreement and the marriage ceremony when determining whether it was made under
duress. The spouses don’t have to have retained attorneys for the agreement to be
enforceable.

Courts won’t throw out a prenuptial agreement due to unconscionablility unless it is an

extreme situation. The court will not invalidate the agreement unless it would result in
catastrophic circumstances for one spouse.

Sometimes a couple’s marriage is void (legally invalid) because one spouse is too young,
still married to another person, or is mentally incapable of getting married (insane or
seriously mentally deficient). In these cases, the court will usually invalidate the
prenuptial agreement, unless it would have an extremely unfair result to a spouse.

31
Apéndice 3: Illinois Uniform Premarital Act.
Source: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&

ILLINOIS UNIFORM PREMARITAL AGREEMENT ACT.

Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site
as Public Acts soon after they become law. For information concerning the relationship
between statutes and Public Acts, refer to the Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect. If
the source note at the end of a Section of the statutes includes a Public Act that has not yet
taken effect, the version of the law that is currently in effect may have already been
removed from the database and you should refer to that Public Act to see the changes
made to the current law.

(750 ILCS 10/1) (from Ch. 40, par. 2601)

Sec. 1. This Article shall be known and may be cited as the Illinois Uniform
Premarital Agreement Act.
(Source: P.A. 86-966.)

(750 ILCS 10/2) (from Ch. 40, par. 2602)

Sec. 2. Definitions. As used in this Article:
(1) "Premarital agreement" means an agreement between prospective spouses
made in contemplation of marriage and to be effective upon marriage.
(2) "Property" means an interest, present or future, legal or equitable, vested
or contingent, in real or personal property, including income and earnings.
(Source: P.A. 86-966.)

(750 ILCS 10/3) (from Ch. 40, par. 2603)

Sec. 3. Formalities. A premarital agreement must be in writing and signed by
both parties. It is enforceable without consideration.
(Source: P.A. 86-966.)

(750 ILCS 10/4) (from Ch. 40, par. 2604)

Sec. 4. Content. (a) Parties to a premarital agreement may contract with
respect to:
(1) the rights and obligations of each of the parties in any of the property of
either or both of them whenever and wherever acquired or located;
(2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume,
expend, assign, create a security interest in, mortgage, encumber, dispose of, or
otherwise manage and control property;
(3) the disposition of property upon separation, marital dissolution, death,
or the occurrence or nonoccurrence of any other event;
32
 (4) the modification or elimination of spousal support;
(5) the making of a will, trust, or other arrangement to carry out the
provisions of the agreement;
(6) the ownership rights in and disposition of the death benefit from a life
insurance policy;
(7) the choice of law governing the construction of the agreement; and
(8) any other matter, including their personal rights and obligations, not in
violation of public policy or a statute imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a
premarital agreement.
(Source: P.A. 86-966.)

(750 ILCS 10/5) (from Ch. 40, par. 2605)

Sec. 5. Effect of marriage. A premarital agreement becomes effective upon
marriage.
(Source: P.A. 86-966.)

(750 ILCS 10/6) (from Ch. 40, par. 2606)

Sec. 6. Amendment, revocation. After marriage, a premarital agreement
may be amended or revoked only by a written agreement signed by the
parties. The amended agreement or the revocation is enforceable without
consideration.
(Source: P.A. 86-966.)

(750 ILCS 10/7) (from Ch. 40, par. 2607)

Sec. 7. Enforcement. (a) A premarital agreement is not enforceable if the
party against whom enforcement is sought proves that:
(1) that party did not execute the agreement voluntarily; or
(2) the agreement was unconscionable when it was executed and, before
execution of the agreement, that party:
(i) was not provided a fair and reasonable disclosure of the property or
financial obligations of the other party;
(ii) did not voluntarily and expressly waive, in writing, any right to
disclosure of the property or financial obligations of the other party beyond
the disclosure provided; and
(iii) did not have, or reasonably could not have had, an adequate
knowledge of the property or financial obligations of the other party.
(b) If a provision of a premarital agreement modifies or eliminates spousal
support and that modification or elimination causes one party to the
agreement undue hardship in light of circumstances not reasonably
foreseeable at the time of the execution of the agreement, a court,
notwithstanding the terms of the agreement, may require the other party to
provide support to the extent necessary to avoid such hardship.
(c) An issue of unconscionability of a premarital agreement shall be
decided by the court as a matter of law.
(Source: P.A. 86-966.)

33
(750 ILCS 10/8) (from Ch. 40, par. 2608)
Sec. 8. Enforcement: void marriage. If a marriage is determined to be void,
an agreement that would otherwise have been a premarital agreement is
enforceable only to the extent necessary to avoid an inequitable result.
(Source: P.A. 86-966.)
(750 ILCS 10/9) (from Ch. 40, par. 2609)
Sec. 9. Limitation of actions. Any statute of limitations applicable to an
action asserting a claim for relief under a premarital agreement is tolled
during the marriage of the parties to the agreement. However, equitable
defenses limiting the time for enforcement, including laches and estoppel,
are available to either party.
(Source: P.A. 86-966.)

(750 ILCS 10/10) (from Ch. 40, par. 2610)

Sec. 10. Application and construction. This Act shall be applied and
construed to effectuate its general purpose to make uniform the law with
respect to the subject of this Act among states enacting it.
(Source: P.A. 86-966.)

(750 ILCS 10/11) (from Ch. 40, par. 2611)

Sec. 11. Time of taking effect. This Article applies to any premarital
agreement executed on or after January 1, 1990.
(Source: P.A. 86-966; 86-1028.)

34
Apéndice 4: Sample Cohabitation Agreement
F u e n t e : h t t p : / / f a m i l y . f i n d l a w. c o m / l i v i n g - t o g e t h e r / s a m p l e - co h a b i t a t i o n - a g r e e m e n t . h t m l

SAMPLE COHABITATION AGREEMENT

________________________________________, Cohabitant No. 1, and
____________________________________, Cohabitant No. 2, hereinafter jointly referred to
as the Cohabitants, who now live /will live together in the future (circle one) at
__________________________, in the city of __________________, county of
________________, state of ______________, hereby agree on this _____ day of
______________, in the year ______, as follows:

The Cohabitants wish to establish their respective rights and responsibilities regarding
each other's income and property and the income and property that may be acquired,
either separately or together, during the period of cohabitation.

The Cohabitants have made a full and complete disclosure to each other of all of their
financial assets and liabilities.

Except as otherwise provided below, the Cohabitants waive the following rights:

To share in each other's estates upon their death.

To "palimony" or other forms of support or maintenance, both temporary and permanent.

To share in the increase in value during the period of cohabitation of the separate property
of the parties.

To share in the pension, profit sharing, or other retirement accounts of the other.

To the division of the separate property of the parties, whether currently held or hereafter
acquired.

To any other claims based on the period of cohabitation of the parties.

To claim the existence of a common-law marriage.

[SET FORTH RELEVANT EXCEPTIONS HERE. For instance, if both cohabitants are
contributing to the debt repayment on the home owned by one party, they may agree that
any increase in equity during the period of cohabitation will be fairly divided between
them.]

The Cohabitants agree to divide the household expenses as follows:

Monthly Expenses Cohabitant No. 1 Cohabitant No. 2

Rent or Mortgage $____________ $_______________

35
Utilities:

Telephone $_______________ $_______________

Gas $_______________ $_______________

Electricity $_______________ $_______________

Water & Sewer $_______________ $________________

Garbage Collection $_______________ $_______________

Cable Television $_______________ $_______________

Cellular Phone $_______________ $_______________

Internet Service $_______________ $_______________

Property Taxes $_______________ $_______________

Insurance:

Homeowners/Renters $_______________ $_______________

Auto(s) $_______________ $_______________

Recreational Vehicle $_______________ $_______________

Debt Payments:

Vehicle #1 $_______________ $_______________

Vehicle #2 $_______________ $_______________

Home Equity Loan $_______________ $_______________

Other Loans $_______________ $_______________

Credit Card #1 $_______________ $_______________

Credit Card #2 $_______________ $_______________

Credit Card #3 $_______________ $_______________

Day Care $_______________ $_______________

Transportation Expenses:

Gasoline $_______________ $_______________

Parking/Commuting $_______________ $_______________

Vehicle Maintenance $_______________ $_______________

36
Licenses $_______________ $_______________

Food:

Groceries $_______________ $_______________

Take-out Food $_______________ $_______________

Restaurants $_______________ $_______________

School Lunches $_______________ $_______________

Household Expenses:

Cleaning Supplies $_______________ $_______________

Cleaning Service $_______________ $_______________

Yard Maintenance $_______________ $_______________

Home Maintenance $_______________ $_______________

Home Security $_______________ $_______________

Home Improvements $_______________ $_______________

Home Furnishings $_______________ $_______________

Appliances $_______________ $_______________

Personal Expenses:

Entertainment $_______________ $_______________

Travel $_______________ $_______________

Gifts $_______________ $_______________

Hobbies $_______________ $_______________

Babysitting $_______________ $_______________

Pet-care Costs $_______________ $_______________

Donations $_______________ $_______________

Other Expenses $_______________ $_______________

$_______________ $_______________

$_______________ $_______________

$_______________ $_______________
37
 TOTAL EXPENSES: $_______________ $_______________

[ADDITIONAL PROVISIONS HERE. These can cover just about any issue, from custody
of pets to allocating household chores. The legal obligation to pay child support to any
children of the Cohabitants cannot, however, be modified by agreement of the parties.]

Each Cohabitant is represented by separate and independent legal counsel of his or her
own choosing.

The Cohabitants have separate income and assets to independently provide for their own
respective financial needs.

This agreement constitutes the entire agreement of the parties and may be modified only
in a writing executed by both Cohabitants.

In the event it is determined that a provision of this agreement is invalid because it is

contrary to applicable law, that provision is deemed separable from the rest of the
agreement, such that the remainder of the agreement remains valid and enforceable.

This agreement is made in accordance with the laws of the state of _________________,
and any dispute regarding its enforcement will be resolved by reference to the laws of that
state.

This agreement will become null and void upon the legal marriage of the Cohabitants.

I HAVE READ THE ABOVE AGREEMENT, I HAVE TAKEN TIME TO CONSIDER ITS
IMPLICATIONS, I FULLY UNDERSTAND ITS CONTENTS, I AGREE TO ITS TERMS,
AND I VOLUNTARILY SUBMIT TO ITS EXECUTION.

____________________________________

Cohabitant No. 1

______________________________

Cohabitant No. 2

Witnessed by:

____________________________________

(Witness or counsel signature)

______________________________

(Witness or counsel signature)

[NOTARY PUBLIC MAY AFFIX STAMP HERE]

38
 Apéndice 5: Ending a Civil Partnership
Fuente: https://www.citizensadvice.org.uk

Ending a Civil Partnership

1. Overview
You can apply to end (‘dissolve’) your civil partnership if you have been in the
partnership for at least a year.
There are 3 main steps to ending a civil partnership:
1. File a dissolution petition - you have to apply to court for permission to end your civil
partnership, and show reasons why you want to split up.
2. Apply for a conditional order - if your civil partner agrees to the petition, you’ll get a
document saying there’s no reason you can’t divorce.
3. Apply for a final order - this legally ends your civil partnership - you need to wait 6 weeks
after you get the conditional order before you can apply.

Ending a civil partnership without using solicitors

You may be able to arrange your own divorce without involving solicitors if you agree on:
• the reasons for dissolving the civil partnership
• how you’ll split up money, property and possessions
• how you’ll look after any children

If you agree on these things beforehand, you won’t have to go to a court hearing, and the
paperwork should be fairly straightforward.

2. Grounds for ending a civil partnership

You have to show the relationship has irretrievably broken down, and that you have good
reasons for ending the civil partnership.
There are 4 grounds for ending a civil partnership.
Unreasonable behavior

Your partner has behaved so badly that you can no longer bear to live with them.

39
 This could include:
• physical or mental cruelty
• verbal or physical abuse
• being irresponsible with money
• being sexually unfaithful

Desertion
Your partner has left you:
 without your agreement
 without a good reason
 to end your relationship
 for more than 2 years in the past 2.5 years
You can still claim desertion if you have lived together for up to a total of 6 months within
this period.
You have lived apart for more than 2 years
You can get a dissolution if you have lived apart for more than 2 years, and both agree to
end the civil partnership.
Your civil partner must agree in writing to end the civil partnership.
You have lived apart for more than 5 years
Living apart for more than 5 years is usually enough to end a civil partnership, even if
your civil partner disagrees.

3. File a petition
To end a civil partnership, you first need to fill in a dissolution petition.
You must include your:
full name and address
civil partner’s full name and address
civil partnership certificate - the original certificate or a copy from a register office
Include the names and dates of birth of any children (no matter how old they are).
Pay the court fee
You will have to pay a £410 court fee to file the dissolution petition.
You may be able to get help with court fees if you’re on benefits or a low income.
Send the forms
Once you have filled in the forms:
 send 2 copies to the court
 keep copies for yourself
Where to send the forms
Send the forms to your nearest court dealing with civil partnership dissolution.

40
 Money and property
1. Overview
You can work out an agreement with your partner to avoid going to court.
Use the divorce and separation calculator to work out your finances and what you own.
Once you’ve reached an agreement, you can get the court to make it legally binding,
by applying for a ‘consent order’.

If you can’t agree

You can ask the court to decide using a ‘financial order’ if you can’t agree.
You’ll need to consider mediation before you go to court.

Get legal advice

Find a solicitor if you’d like legal advice.

2. Mediation
Mediation is when an independent and impartial person discusses a problem with you
and your ex-partner to try to find a solution.
You must consider mediation before you can go to court - this doesn’t apply in some cases,
e.g. if there’s been domestic abuse.
You may be able to get legal aid for mediation. Find your local mediator by searching
using your postcode.
If you apply to go to court, you need to fill in the mediation section of your application
form that proves either:
 you’re exempt from mediation
 you’ve attended a mediation session
Your mediator or legal adviser may be able to help you with the form.

3. Apply for a consent order

You need to get a solicitor to draft a ‘consent order’ if you want to make an agreement
legally binding.
This is a legal document that confirms your agreement, and can include details on how
you are going to divide up your assets, including:
 money
 property
 savings
 investments
It can also include arrangements for maintenance payments, including child maintenance.
41
 You and your ex-partner both have to sign the draft consent order.
Both of you also need to fill in:
 a notice of an application for a financial order
 a statement of information form
Send these forms to the court with the draft consent order attached. Keep your own
copies.
A consent order costs £50.
You may be able to get help with court fees if you’re on benefits or a low income.
A judge will approve the agreement to make it legally binding if they think it’s fair and
reasonable.

4. Apply for a financial order

You can ask a court to make a ‘financial order’ if you can’t reach an agreement. This used
to be called an ‘ancillary relief order’.
You can apply for a financial order if you want, for example:
 a lump sum payment
 ownership of a property
 regular maintenance payments to help with children or living expenses
 a share of your partner’s pension payments
Applying for a financial order costs £255.
The process is separate from the divorce, and usually takes longer - often 6 to 12 months.
You may have to attend a court appointment and go to a number of court hearings.
To apply for a financial order, fill in a financial order application form.
Send 2 copies of the form to the court dealing with your case. Keep your own copies.

Mediation
You’ll need to prove you’ve considered mediation when you apply for a financial order -
this doesn’t apply in some cases, e.g. if there’s been domestic abuse.
You can do this by filling in the mediation section of the application form.

5. How the court splits assets

The judge will decide on the division of assets based on how long you’ve been married or
in a civil partnership, as well as your:
 ages
 ability to earn
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 property and money
 living expenses
 standard of living
 role in the marriage or civil partnership, e.g. if you were the breadwinner or primary carer
The judge will decide on the fairest way to divide the assets if there are enough assets to
meet everyone’s needs.
The judge will make arrangements for any children first - especially their housing
arrangements and child maintenance - if there isn’t enough.
The judge will usually try to arrange a ‘clean break’, so everything is shared out, and you
no longer have any financial ties to one another.

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Apéndice 6: Woman could win cash payout 20 years after divorce
Fuente: http://www.bbc.com/news/uk-england-gloucestershire-31832392
11 March 2015 / From the section Gloucestershire

Woman could win cash payout 20 years after divorce

A woman has won a landmark Supreme Court bid to claim cash from her
millionaire ex-husband, 20 years after they divorced.

Kathleen Wyatt, 55, first took legal action against Dale Vince, 53, founder of wind-power
firm Ecotricity, in 2011.

Mr Vince had previously appealed against his ex-wife on the basis she had lodged the
claim too late.

But five Supreme Court justices unanimously ruled Ms Wyatt's case should go before the
family court.

Delivering the ruling, Lord Wilson said the court must have regard "to the contribution of
each party to the welfare of the family, including by looking after the home or caring for
the family".

'Open season' fear

Mr Vince and Ms Wyatt met as students in their early 20s and married in 1981.

The pair had a son, Dane, and lived a New Age traveller lifestyle before their divorce, the
court heard.

Mr Dale set up his company, Ecotricity, in 1995 after the pair had split. He is now worth
an estimated £107m and has an OBE.

Lord Wilson said Ms Wyatt, who lived in Lowestoft, Suffolk, Sunderland and the Forest of
Dean, had raised her son through "16 years of real hardship".

Her claim was "legally recognisable" and not an "abuse of process", he said, although the
£1.9m payout she had hoped to secure was too high an amount.

"It is obvious, even at this stage, that an award approaching that size is out of the
question," he said.

Analysis by Clive Coleman, BBC legal affairs correspondent

This is a striking ruling that underlines the fact there is no time limit for ex-spouses to
apply to a court for a financial settlement following a divorce - however weak their claim
may be.

Whereas there are strict time limits in other claims, such as those for breach of contract or
personal injury, these claims can clearly be made decades after the divorce itself.

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The judgment is also a timely reminder that divorcing couples who want protection from
such claims, even if they have no money at all, should obtain an order from the court at
the time of the divorce, in which they both agree that there will be no further financial
claims.

That is the only way to guarantee that, if one of them goes on to make a fortune, they get
to keep it.

"Her claim may even be dismissed.

"But there is, in our opinion, a real prospect that she will secure a comparatively modest
award, perhaps of a size which would enable her to purchase a somewhat more
comfortable, mortgage-free home."

In a statement, Mr Vince branded the court's decision "mad".

"I feel that we all have a right to move on, and not be looking over our shoulders," he said.

"This could signal open season for people who had brief relationships a quarter of a
century ago."

Mr Vince said the time gap was "extremely prejudicial" and the fact there was "no
paperwork in existence" had enabled the claim.

It was "hard to defend yourself" under such circumstances, he said.

Ms Wyatt, who now lives in Monmouth, lodged her first claim for "financial remedy" in
2011.

Outside court, Ms Wyatt's lawyer Barbara Reeves said her client had been through a "very
difficult time" and was pleased the High Court would now be able to consider her claim.

"She looks forward to concluding the litigation as quickly as possible," she said.

Outside court Ms Wyatt's lawyer Barbara Reeves (right) said her client had been through a
"difficult time"

Dale Vince founded green energy firm Ecotricity after he divorced Ms Wyatt

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Apéndice 7: D8 divorce form - where can I get one?
Fuente: https://www.divorce-online.co.uk/DOL-Forum/threads/d8-divorce-form-where-can-i-get-one.6621

D8 divorce form - where can I get one?

Discussion in 'Get Divorce Advice' started by Mark Keenan, Nov 20, 2013.

You can obtain a D8 divorce form from either your local county court office or online at
the UK Government website.
The D8 divorce petition forms are presented in PDF format and can be completed on your
computer or tablet, but cannot be saved before you print it out. You will need acrobat
reader installed on your device.
Anyone can file their own divorce forms, but unless you are good with legal forms and
know at least the basics of divorce law and procedure which are contained in the
Matrimonial Causes Act 1973 (as amended) and The Family Procedure Rules 2010, you
may find that completing your own divorce petition is not as easy as you might think.
The fact the Government make the forms available for free does not mean that getting a
divorce or completing your D8 divorce form will be easy or free.
There are not only the grounds for the divorce to be considered, but also the reasons have
to be given and the petition and other documents have to comply with the rules.
If you are filing for divorce on the grounds of unreasonable behaviour for instance, there
are specific rules as there are for adultery and separation divorces that must be followed.
These rules are precise and any deviation will mean your divorce being rejected by the
court, either at the filing stage or worse when the Decree Nisi application is made.
Making a mistake on the D8 divorce form can be costly
If you make a mistake, and most self representing litigants do, the court is entitled to
charge you an amendment fee of £120 on top of the initial £550 filing fee and will order
you to make amendments to the petition and re-file.
At that point many people then have to hire a lawyer to sort out the mess.
Also you need to know that the judge will stop at the first mistake and not pick any other
mistakes up. This means you may amend the petition only to find that the petition is
rejected more than once, incurring more fees and a longer divorce process.
How Divorce-Online can help you complete your D8 Divorce Petition
Luckily, Divorce-Online is at hand to prepare your D8 divorce forms for you, so that when
you do file it at court yourself, it will be 100% correct, or we have to pay the amendment
fees for you.
We have a range of services to suit your budget and time management needs, starting
with our £59 DIY Divorce Service where we complete your D8 divorce petition correctly
for you, to a Fully Managed Service at just £189.
To get more information on how we can complete your D8 divorce forms for you please
call us on 01793 384 029 today.
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