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Achieving freedom if separation in Cheshire

Achieving freedom if separation in Cheshire is the subject of this divorce solicitors blog by Northwich solicitors Stonehewer Moss. The end of a marriage has emotional, financial and symbolic or philosophical aspects and the aim of all must be to achieve happiness. The difficulty is that solipsism, the belief that the universe is run for one persons benefit, is not a good separation plan. In days of old nation states were developed under the rule of one man, called an absolute ruler. Sovereignty, about which we here a lot in post Brexit Britain, implies the sovereign in control. It has long sat ill in this country for one person to rule the lives of all to his or her benefit; King John in 1215 was forced by his Barons to guarantee rights to them and today Magna Carta is still held up as an example of legal fairness granting inalienable rights.

Many in a marriage might feel their own individuality has been subsumed to the benefit and control of their spouse. A Baron like approach to separation negotiations in such circumstances might be to agree not to divorce provided certain rights are recorded in your favour; perhaps the house needs to be protected for you or income. A divorce allows you to enter a new marriage with another; if you are not considering going down that route again, a deed of separation ( your Magna Carta) could be a cheaper and less upsetting alternative. Liberty, freedom from control might require the symbolic step of divorce but reflecting that the emotions of more than one person are engaged at separation might be worthwhile. John Stuart Mill, in his treatise “On Liberty” championed utilitarianism; seeking to achieve the greatest happiness for the greatest number of people. One persons freedoms might harm those of another or others; a John Stuart Mill approach to separation negotiations might involve an alternative resolution option like mediation or collaborative law, agreeing a principled statement of what you both want to achieve out of court and for whose benefit. The process of negotiation then has a structure referring back as necessary to the principles on which you agreed to negotiate; making the focus fairness for all concerned and not defeat of an enemy.

This week Chanel 4 aired a documentary called “The Break Up” about mediation through separation. Altruism in the context of a divorce is hard to achieve; there are plenty of “divorce specialists” available who can take your marriage through the divorce courts but some space and time to reflect on the bigger picture before you go to war against former loved ones, with consequential collateral damage to your children as well as your own peace of mind, makes a lot of sense. Bad King John reneged on Magna Carta; it took the Greatest Night in the World, William Marshall,to guarantee our freedoms by force of arms and magnanimity when acting as Regent to ratify Magna carta after the King was no more. Achieving freedom if separation in Cheshire is a google phrase but the layers of meaning might be:-

  1. What does divorce cost;
  2. At whose cost is this divorce achieved;
  3. Will the cost to my self worth be too much if freedom for me hurts others?
  4. Can we plan to separate away from court to achieve a level of happiness for everyone involved.
  5. Is the cost of 4 above better than the combined cost of 1,2,3.

For advice, negotiation and representation when separated in Cheshire please call Northwich solicitors Stonehewer Moss on 01606 872200 or e mail info@piplaw.co.uk

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Stonehewer Moss Family Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

Family and Corporate Solicitors Northwich covering Chester, Crewe, Knutsford, Macclesfield, Middlewich, Northwich, Runcorn, Sandbach, Warrington, Winsford, and across Cheshire.

Stonehewer Moss Solicitors is a trading style of the Stonehewer Moss Limited, Registered in England No. 542 6583
which is a firm of solicitors authorised and regulated by the the Solicitors Regulation Authority No. 471159

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