The breakup of a marriage can be a trying time for a couple, particularly where there are children involved. People often assume that divorces are ‘messy’ and costly when in fact, that is not the usual case. The divorce process can be fairly straightforward and we always advise our clients to conduct the divorce in a pragmatic and cost-efficient way in order to avoid court appearances which are in actual fact rare during a divorce.
It is important to take legal advice on the implications of a divorce. Your personal status may change and this could affect previous entitlements you may have had, for example in relation to your spouse’s pension.
It is important to take legal advice on the financial implications of separation as there are likely to be assets to be divided in order to achieve financial independence.
We provide expert and pragmatic advice on achieving the best financial settlement possible. We are able to guide you through the process and resolve matters through negotiation to achieve the best results. If your case requires Court involvement, we will work on your case diligently with other professionals where necessary such as barristers, accountants, and financial advisors if your case requires.
There are particular assets which will require careful consideration including the family home, investments, and pensions, etc and we are able to advise on the fairest and best way to ensure clients receive their entitlement in relation to these assets.
Financial agreements and orders which can be made relate to the following:
- Child Maintenance: The parent who cares for the children for the majority of time will be entitled to child maintenance for each child until they are 16 or completes full-time education, whichever is the later. Orders can also be made to fund further education.
- Spousal Maintenance: these orders are appropriate where one party has a shortfall in their income or limited or no income-earning capacity to enable them to financially re-adjust following a divorce.
- Sale or preservation of the family home and other property: both parties and the children will need to be housed separately following the divorce. Preservation of the family home for the children is always the priority where affordable. There are various mechanisms that can be implemented where there is a sale or preservation of property to ensure both parties receive their fair share in relation to these assets.
Pension sharing orders: ensuring each party receives a fair entitlement to the pension pot can be quite a complex area of law and we work closely with pension actuaries where necessary.
There may be other assets which require consideration such as cash savings and investments, cryptocurrencies, businesses and trusts and how our clients’ entitlement should be settled will be advised upon.
In many cases, separated parents are able to work together to agree on arrangements for each parent to spend quality time with their children. In many cases, there may be added concerns making it difficult to agree on arrangements. We are able to advise on practical and legal steps to ensure the welfare of your children is met through the arrangements that are either negotiated or ordered by the court if proceedings become inevitable.
We are able to advise on:
- Child arrangements during term time and holidays
- Welfare concerns
- International child abduction and relocation
We are able to act urgently in circumstances where a person requires urgent protection from the Courts where they are being threatened with violence or where violence has been inflicted upon them.
We are able to draft pre and post-nuptial agreements and advise on the implications and legality of these documents.
This is a complex area of law as contrary to common thinking, the concept of common law husband and wife does not exist. This means that there is no law specifically designed to deal with the division of assets on the breakdown of a cohabiting relationship.
We are able to advise on the legal principals applied when considering how to achieve a fair financial outcome on separation.