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Family & Divorce Guides
Getting Divorced
Grey Divorce: Navigating Separation in Later Life
Untangling Assets & Leashes: Navigating pets during a divorce
How To Get Divorced – No Fault Procedure
A guide to how to get divorced under the new ‘no fault’ divorce procedure: – 3 steps: Application, Conditional Order and Final Order.
Why a decree absolute is never enough
Final Divorce Order | It is a common misconception that a final divorce order (formerly decree absolute) brings divorce matters to an end.
Rights of Grandparents on Separation
It can be easy to forget that the change the immediate family unit are going through is also being experienced by grandparents. With children often spending their time with one parent at a time after divorce, precious time with their grandparents can be squeezed, leaving everybody feeling like they are missing out.
What to Expect at Your Initial Legal Consultation
The initial consultation with our divorce lawyer will cover options for resolving your claims, financial disclosure, potential outcomes, and arrangements for children. The focus is taking control of your future.
Family Breakdown: What are my Rights?
What are my rights? This is the question most people caught up in family breakdown ask their solicitor. They are often quite frustrated at the answer!
Protecting Marital Assets on Divorce
Where there is a real risk that an asset of value is going to be disposed of or in some other way removed beyond the reach of one spouse, then an application can be made to the court for an injunction preventing that …
Divorce and Cohabitation: Impact of Cohabitation on Divorce
Divorce and cohabitation are relatively common bedfellows (no pun intended). Cohabitation is a long standing living arrangement which to all intents and purposes is similar to a marriage, except there is no marriage licence. Cohabitation is relevant in divorce proceedings in the following ways …
What to expect from Solicitors’ Negotiations
If the differences between you and your former partner are not too large, Solicitors’ Negotiation is usually a cost effective way of finding a compromise and a solution.
Business on Divorce
Capital Gains Tax Changes on Divorce or Separation
On 20 July 2022 the government published a policy paper on new legislation regarding capital gains tax for those going through separation or divorce.
How does the Court deal with a family business on divorce?
The existence of family business assets tends to complicate divorce proceedings. Those running the business are anxious to know how the Court will treat their business and their other half of course wants to know if they are entitled to a share of the ‘business’ and if not why not?
What is a joint expert and when do you need one?
In family cases, there is often a point at which outside expertise needs to be brought in. This could be to value the family home, to value a business or to advise on how to value and share the parties’ pension funds. What are the steps to achieve this and what do you need to think about?
collaborative divorce
The Benefits of Collaborative Divorce for Couples
Collaborative divorce for couples | Many couples are looking to separate amicably, retaining control over decisions that reflect their values
How Collaborative Divorce Works
Collaborative divorce is a process where you and your former partner commit to settling matters without going to court – a short guide.
Why Collaborative Law for Divorcing Couples?
Although it asks a lot of the clients (and the lawyers), it enables clients to look back and feel proud that they have taken control of the process.
Arbitration: an option for Children Arrangements
The proponents of arbitration emphasise the privacy that it brings (particularly for clients in whom the media may be interested); the fact that if desired, the couple can select their arbitrator and the location of the arbitration hearing; and that on the day they can be guaranteed a prompt start without the Judge being occupied with other matters. The location (usually a solicitor’s office or barrister’s chambers) is generally an improvement on court waiting rooms.
Divorce Mediation: Resolving Conflict the Mediator’s Way
When a marriage or partnership breaks down, it can become suddenly overwhelming and divorce mediation may help. It is normal to feel angry, upset and frightened for the future and it is no surprise that objectivity can take a vacation when dealing with the divorce process.
Alternatives to Court
Resolving financial matters by making an application to the court may not be the best route for every couple facing divorce. For some, alternative dispute resolution methods such as mediation, collaborative law and arbitration offer quicker and often more cost effective solutions.
What is a joint expert and when do you need one?
In family cases, there is often a point at which outside expertise needs to be brought in. This could be to value the family home, to value a business or to advise on how to value and share the parties’ pension funds. What are the steps to achieve this and what do you need to think about?
What to expect from Arbitration
Arbitration is an option for those separating couples who cannot reach an agreement and know that a third party decision is required, but they want to avoid the delay of court proceedings.
Divorce Finances
Capital Gains Tax Changes on Divorce or Separation
On 20 July 2022 the government published a policy paper on new legislation regarding capital gains tax for those going through separation or divorce.
How to Agree a Financial Settlement on Divorce
A financial settlement on divorce is an agreement between spouses on how to split their assets and liabilities, including pensions. Here is a guide on the legal process.
Why a decree absolute is never enough
Final Divorce Order | It is a common misconception that a final divorce order (formerly decree absolute) brings divorce matters to an end.
Can Discretionary Trusts be Protected on Divorce?
Discretionary trusts are where the beneficiaries and / or their entitlements to assets are in a trust fund but are not fixed. They are determined by the person who set up the trust (the settlor). Where the trust is a testamentary trust (i.e. made in a Will), it is common for the settlor to sign a Letter of Wishes which relates to the exercise of the discretion.
Is Cohabitation Grounds for Maintenance to End?
The payment of spousal maintenance is often a tricky issue in divorce cases. It becomes even trickier when the receiving party, usually the wife, starts to cohabit and the husband feels that it is not fair that he should be expected to continue to support his ex. Is the fact of cohabitation grounds for the maintenance to come to an end and the wife’s claims dismissed once and for all?
Is Wealth of Extended Family taken into Account upon Divorce?
It is not an uncommon situation that the extended family can be significantly wealthier than the couple who are separating. Sometimes, the parents of one spouse have provided assistance to the couple during their marriage and the other wants to argue that this is likely to continue to be the case …
Financial Provision in Divorce Cases
The Courts rely upon the 3 principles of needs, sharing and compensation when deciding upon the allocation of financial assets in divorce cases. Each principle is considered in every case but in the majority of cases it will be the needs of the parties which will be the driving factor determining how the financial pot is shared between the parties.
Untangling Assets on Divorce
Divorce can be bewildering for clients. Should they try and sort things out with their partner? Or should they go to mediation or would going to court likely mean a better result? This is a massive decision and the needs of each client can vary dramatically.
Protecting Marital Assets on Divorce
Where there is a real risk that an asset of value is going to be disposed of or in some other way removed beyond the reach of one spouse, then an application can be made to the court for an injunction preventing that …
A High Bar to Lifetime Maintenance Orders
Any spouse coming before the court today on a divorce seeking a maintenance order for the rest of their life has a high hurdle to climb.
Nuptial agreements
Using a Nuptial Agreement to Protect a Personal Injury Award
1. There is the expectation that, if the provision in the pre or post nuptial agreement is fair and has been regularly reviewed by the couple and recorded as fair, that the court will allow the terms of the agreement to stand even if, had there not been an agreement, the court would have made a different order.
2. The cases seem to show that even where the courts have moved away from all of the provisions of a pre or post nuptial agreement, their award to the person seeking to back out from the terms of the agreement is usually lower than would otherwise have been the case. The existence of the pre or post nuptial agreement often reduces the provision that is made.
3. The existence of a pre or post nuptial agreement can discourage litigation overall. If the couple have agreed the provision that they each feel is fair, then there is no reason for either of them to want to litigate and seek something different. The court is only involved to set aside all or some part of an agreement if one party asks it to, it does not come in of its own accord to challenge the terms agreed.
A pre or post nuptial agreement has to be drawn up by lawyers and each person has to have independent legal advice, to understand what their claims might have been so they are fully aware if they are accepting less than they might otherwise receive, if there were a divorce.
There are additional rules in respect of a pre nuptial agreement to prevent one person entering into it under inappropriate pressure, very close to the wedding. It is important to speak to a solicitor in good time (at least 3 months in advance and ideally more) about drawing up a pre nuptial agreement as it will carry far less weight if it is completed very close to the wedding.
In reported cases where there has been a substantial personal injury award, the courts have shown that they are still prepared to take the capital awarded as part of the pot available for distribution so it is particularly important to record any agreement between a couple that it will remain with one person to address their needs, in a pre or post nuptial agreement.
Why Nuptial Agreements Make Sense
The courts are likely to give considerable weight to nuptial agreements, and the weight applied can be influenced by following a few important steps.
Is Wealth of Extended Family taken into Account upon Divorce?
It is not an uncommon situation that the extended family can be significantly wealthier than the couple who are separating. Sometimes, the parents of one spouse have provided assistance to the couple during their marriage and the other wants to argue that this is likely to continue to be the case …
Pre-marital Wealth – Where does it go on Divorce?
A frequently asked question is how pre-marital assets should be treated on divorce? It is not uncommon for one party or indeed both to bring into the marriage assets which they owned before the marriage. When a marriage flounders, they may then seek to ringfence those assets
Protecting Wealth Passed to Children
When making a gift to your adult son or daughter it is important to understand that, if their relationship were to subsequently break down, that gift can become the property of their Partner, whether they are married or not. How can such gifts be best protected?
Wealth Protection and Nuptial Agreements are not just for the Rich
The reality is that nuptial agreements, whether entered into before marriage (prenuptial) or after marriage (post nuptial) can be a powerful mechanism for those who wish to protect their assets. When these agreements have come before the courts the focus has been on the parties’ right to set their own terms …
Prenuptial Agreements & Second Marriages: Once Bitten, Twice Shy
Prenuptial agreements come into play very strongly on second marriages, because they have a role for those embarking on second marriages who want to protect their assets in the event of another divorce.
parental & Children’s rights
Non-Court Dispute Resolution Encouraged in Children Matters
Household Expenditure Child Support Award (HECSA)
Can you lose Parental Responsibility for your child?
Parental responsibility is hard to define. What might be easier to state is what holding parental responsibility entitles a parent to do.
How to Sort out Child Arrangements on Relationship Breakdown
When a relationship has broken down one of the most difficult issues to be dealt with can be the living arrangements for the children …
Arbitration: an option for Children Arrangements
The proponents of arbitration emphasise the privacy that it brings (particularly for clients in whom the media may be interested); the fact that if desired, the couple can select their arbitrator and the location of the arbitration hearing; and that on the day they can be guaranteed a prompt start without the Judge being occupied with other matters. The location (usually a solicitor’s office or barrister’s chambers) is generally an improvement on court waiting rooms.
Agreeing Holiday Arrangements for your Children when Separated
One of the issues that often comes in to play is what happens to a pre-existing visit or care pattern? If a child spends every other weekend and one night each week with one parent in term time, does that carry on during the school holidays? It may be clear that it needs to be suspended when one or other parent takes the child away on an actual holiday, but what about those weeks in between when little Johnny is at a holiday club or Grandma comes to stay to help out?
Rights of Grandparents on Separation
It can be easy to forget that the change the immediate family unit are going through is also being experienced by grandparents. With children often spending their time with one parent at a time after divorce, precious time with their grandparents can be squeezed, leaving everybody feeling like they are missing out.
Family Breakdown: What are my Rights?
What are my rights? This is the question most people caught up in family breakdown ask their solicitor. They are often quite frustrated at the answer!
Protecting Wealth Passed to Children
When making a gift to your adult son or daughter it is important to understand that, if their relationship were to subsequently break down, that gift can become the property of their Partner, whether they are married or not. How can such gifts be best protected?
Court’s Approach to Spousal Maintenance Orders
There are various financial claims that can be brought by the parties under the umbrella of divorce proceedings, one of which is spousal maintenance. Where there is an ongoing entitlement to maintenance post divorce, the question arises should this be a joint lives order (i.e. until one of them dies) or should there be a cut-off point in the future? If so why and when?
Pensions on Divorce
Divorce & Pension Sharing: Fact Sheet
Am I entitled to my spouse’s pension on divorce?
Pension on Divorce | Financial claims are not extinguished by a Final Divorce Order (formerly a Decree Absolute) and can still be pursued.
Pension Sharing Orders on Divorce
It is a quirk of the system that any pension sharing order has to be expressed as a percentage of the fund from which it is being taken. Pension funds are not the same as money in a bank.
Did you consider your spouse’s pension when you divorced?
If you did not think about pensions when you divorced, particularly if your divorce was after December 2000, you should speak to a lawyer to find out if this was something you should have looked at and whether it would be right for anything to be done about it now …
What is a joint expert and when do you need one?
In family cases, there is often a point at which outside expertise needs to be brought in. This could be to value the family home, to value a business or to advise on how to value and share the parties’ pension funds. What are the steps to achieve this and what do you need to think about?
Property on Divorce
Capital Gains Tax Changes on Divorce or Separation
On 20 July 2022 the government published a policy paper on new legislation regarding capital gains tax for those going through separation or divorce.
Is a house purchased before marriage a marital asset?
When looking at how to deal with the claims of any couple on divorce, the court (and a solicitor advising outside of the court process) is governed by section 25 of the Matrimonial Causes Act 1973. This lists the matters that the court has to take into account. At the top of the list is the needs of any child under 18 years, followed by the needs of the parties, the resources they each have jointly and separately, their ages, health, the length of the marriage and the standard of living they enjoyed together. The “sharing principle” is not found in this list but is a judicial gloss and a principle that can be quite strictly applied to marital assets.
What is a joint expert and when do you need one?
In family cases, there is often a point at which outside expertise needs to be brought in. This could be to value the family home, to value a business or to advise on how to value and share the parties’ pension funds. What are the steps to achieve this and what do you need to think about?
Unmarried couples’ finances
Unmarried Couples and Property Rights
There are significant differences in how the law deals with property depending on whether you are married or not. If you are not married, the law does not recognise you as a couple and this doesn’t change depending on how long you have lived together or if you have children. So, what are your options?
Unmarried Couples: Your Rights on Separation
Unless there is a property or other asset held in joint names, then the starting point is that you have no claims against anything owned by the other party. Nor is there any obligation on one partner from a cohabiting relationship to provide maintenance to the other, although if there are children then all claims for child maintenance remain unaffected.
Property ownership for cohabitees – common myths
Disregard entirely the law relating to marital breakdown when it comes to cohabitation. The following are the principle misconceptions many people hold and need to be corrected …
Is Cohabitation Grounds for Maintenance to End?
The payment of spousal maintenance is often a tricky issue in divorce cases. It becomes even trickier when the receiving party, usually the wife, starts to cohabit and the husband feels that it is not fair that he should be expected to continue to support his ex. Is the fact of cohabitation grounds for the maintenance to come to an end and the wife’s claims dismissed once and for all?
Family Breakdown: What are my Rights?
What are my rights? This is the question most people caught up in family breakdown ask their solicitor. They are often quite frustrated at the answer!
When cohabiting couples separate
What can be done to avoid problems when cohabiting parties separate? Cohabitees have limited rights in comparison to married couples.
Divorce and Cohabitation: Impact of Cohabitation on Divorce
Divorce and cohabitation are relatively common bedfellows (no pun intended). Cohabitation is a long standing living arrangement which to all intents and purposes is similar to a marriage, except there is no marriage licence. Cohabitation is relevant in divorce proceedings in the following ways …