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How our divorce solicitors can help

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.

We will take the time to understand your individual needs, including any financial implications and arrangements for your children, as well as any business interests you may have.

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 help, our family law solicitors have produced a useful step-by-step guide to ‘Divorce: What you need to know’.

Highly experienced separation and divorce lawyers

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.

 

Do child arrangements have to be agreed before the divorce can be finalised?

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.

Does it make any difference whose fault the divorce is?

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.

Do we have to agree a financial settlement before the divorce can go through?

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.

I was married abroad, can I get divorced in England?

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.

What if my spouse refuses to get divorced?

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.

Do I need my ex-spouse/civil partner’s permission to take our children on holiday abroad?

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.

Will I have to go to court to obtain my divorce/ dissolution?

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.

Do I need to revert to using my maiden name after a divorce?

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.

What happens to my pension if I get a divorce?

The way in which pensions are dealt with following a divorce depends on your specific circumstances.

  • Pension sharing: one spouse receives a percentage share of their ex-spouse’s pension.
  • Pension offsetting: the value of a pension is offset against other assets. For example, one spouse may receive a greater share of the family home or savings to compensate for the lack of pension provision.
  • Pension attachment: a percentage of the pension is set aside for the ex-spouse to claim on retirement.

However, these are lost if the ex-spouse remarries or the member spouse dies.

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