Divorce, Separation & Finances
Our team of expert family solicitors know that the decision to separate or divorce is a difficult one and that appointing a solicitor who will be a true advocate for you throughout the process is essential.
Currently there is only one ground for divorce; that the marriage has broken down irretrievably. That has to be proved by using one of five facts which currently are:
• Unreasonable behaviour
• Two years separation
• Five years separation or
Spring 2022 will see legislation come into force that will dramatically alter Divorce Proceedings in this England and Wales. The only basis for divorce will be that the marriage has broken down irretrievably, there will be no provision for blame and no provision for contesting the divorce.
If you have decided to separate but have not yet reached any final decision about the marriage or divorce, we can advise on a Deed of Separation and more importantly whether that is appropriate in your circumstances. We can also advise you on any implications there may be if you decide to divorce in the future.
Regardless of whether there is dispute over any financial aspects, or even if you are in agreement, it is always important to ensure the correct procedure is followed and a binding agreement reached.
Both parties are expected to be open, transparent, and honest and to provide full details of their respective financial situation. Without this, it is impossible to negotiate, mediate or come to any agreement. Putting together this financial information whether for negotiation or court process needs experienced guidance to ensure all relevant issues are covered.
Even when you are in agreement, it is still crucial that the agreement that you have reached is approved by the Court. To be final and binding this has to be within a divorce and not a separation. If not, it is considered “open ended” and can lead to future applications and challenges being made against your assets. Even where matters seem relatively straightforward, or there are no significant assets, it is still crucial to ensure that the process is followed correctly.
Some cases may become more acrimonious. Disputes may arise regarding assets being in your partner’s name which can potentially lead to the sale or disposal of an asset, putting your financial position at risk.
We can provide emergency advice on the protections you can put in place and in situations where the Court becomes involved, guide you through the process, including the factors that a Court will take into account and those it will not.
For a FREE initial consultation with one of our expert Family Lawyers, simply complete the form on this page, call 01244 356 789 or email firstname.lastname@example.org.
What our recent clients have said about us:Thank you so much for your support and everything you have done for me during this really stressful time. I am so very grateful.
Thank you for all you help and advice. I don’t think I could have managed it without you, you kept me on the right path.