Change of child’s surname following divorce
After a divorce or separation, a parent may want to change their child’s surname to match their own or that of a new partner.Read more
Divorce, dissolution and separation
Our experienced divorce lawyers specialise in wealth preservation and will provide you with the knowledge and support that you need to make informed decisions to resolve your differences with your spouse or partner.
You might be worried about what is involved in divorce proceedings and have lots of questions such as, how much does a typical divorce cost? What will happen to your money, your house and other valuable possessions? How will this affect your children?
To speak to one of our family lawyers to discuss your options, please call us on 01332 226 174.
Divorce, dissolution and separation
Several of our divorces solicitors are nationally recognised as leaders in their field by independent guides such as Chambers and Partners and The Legal 500 for their work in dealing with proceedings, judicial separations, civil partnership dissolutions and annulments.
Our expertise in dealing with large and complex cases for high-net-worth individuals including city professionals, entrepreneurs and farmers, often involving sizeable pensions, international divorce proceedings, overseas property and hidden assets, has helped numerous people reach favourable outcomes, enabling them to confidently plan for their future.
Divorce, dissolution and separation
Although it is not a prerequisite to divorce, it is always in the best interests of the children to begin discussions about where they will live and how much time they will spend with the non-resident parent at the point when you separate and live in separate households.
In most cases, the reason for the divorce will not be a relevant factor when it comes to the financial settlement or arrangements for children. However, in rare and exceptional circumstances, behaviour can be taken into account by the court and may affect the outcome.
It is not essential for a financial agreement to be reached before the decree absolute is made, however, it is advisable as some pension rights can be lost if not.
Provided that you or your spouse/civil partner reside in England or Wales, the place of marriage is irrelevant, as long as the marriage is valid under the laws of the country where the marriage took place.
This depends on the ‘fact’ on which you are relying in your divorce application. If the divorce is on the basis of adultery, you should be sure that this will be admitted as otherwise, it is very difficult to prove. With unreasonable behaviour, the allegations do not need to be admitted for the divorce to proceed.
If you have been separated for more than five years, then you do not need consent. However, if you are basing your divorce application on having been separated for two years, you will need your spouse/partner to agree to the divorce.
However, if your spouse/civil partner deliberately ignores the paperwork sent to them, it is possible in some circumstances to arrange for the divorce application to be personally served by a process server and the court can allow the divorce to proceed without their consent.
You must get permission from everyone with Parental Responsibility for a child or from the court before taking them abroad.
If you are planning on taking your children abroad and you have a Child Arrangements Order confirming that the children live with you, you technically only need consent from the other parent if you are going to be out of the UK for more than 28 days.
However, it is always good practice to get the other parent’s permission before you take your children abroad regardless of the intended length of the trip.
If you and your spouse/civil partner both agree to the divorce and how the costs in relation to it are to be paid then you will not be required to attend court.
You may need to attend court if there are disputes in relation to the children’s arrangements or finances but these are dealt with separate to the divorce itself.
It is not a legal requirement to change your name after a divorce. It is your prerogative to decide whether you wish to retain your married name.
The way in which pensions are dealt with following a divorce depends on your specific circumstances.
However, these are lost if the ex-spouse remarries or the member spouse dies.
We have written an article about this subject which you can read here.
There is a superstitious belief that January is ‘Divorce Month’ because so many couples decide to begin their divorces at that time of year.
You can find out the legal facts of the best time to divorce in our article here.
“Flint Bishop’s family law practice is made up of very committed and determined practitioners who regularly act for high net-worth individuals and offer a real feeling of a bespoke and individual care.”
“Angela Davis – a senior well-established lawyer with real strength and depth in her approach to cases which only comes after years of working within this field. A calm considered and determined solicitor.”
“This team has outstanding children lawyers who work as a team to support all of the clients. They are all very committed and determined practitioners. They offer a real feeling of a bespoke caring and individual care for their clients.”
“Flint Bishop dealt with my divorce over a period of nearly 3 years due to delaying on my ex-husbands part. My first solicitor, who had been very supportive in the early stages when I was unsure of the procedures, left the company during this time. However, I had excellent continuity as my case was taken over by a partner at no extra cost. I was always kept informed very clearly of everything that my solicitor was doing on my behalf and was consulted when appropriate. When my solicitor was away I was always given details of another solicitor at the firm who would be able to help me if needed. Even throughout lockdown and beyond, my case was moved forward as much as possible given the problems caused with my ex-husband’s solicitor. I particularly liked the fact that it was possible to communicate by phone rather than only by email as I have experienced with other solicitors. This is much more efficient and enabled me to make informed decisions more easily. I live in Hertfordshire and Flint Bishop are in Derby but this caused no difficulties in any regard due to their flexibility over exchanging documents etc. I would highly recommend their services.”
“Flint Bishop fields a ‘strong team of very senior and capable solicitors’. The practice is geared towards representing high-net-worth clients, handling complicated financial issues and matters involving arrangements for children.”
“Words cannot express how much help and support Flint has been to me over the last five years. I just wished I had approached Flint Bishop when I first needed the advice and representation, not coming to you so many years later when things went awry. They have been truly wonderful and I thank them from the bottom of my heart.”
“A highly knowledgeable, experienced and exceptionally customer-orientated family law team, specialising in wealth preservation with an aim to empower clients to make informed decisions.”
For more information and advice on divorce, dissolution or separation, or to request a call back with one of our expert family lawyers, please complete the form below. Alternatively, please call us on 01332 226 174.
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