Divorce, Separatation & The Finances
In no other area of law is it so important to have a solicitor who is both experienced and approachable. The solutions to family disputes are rarely simple and usually involve considering a number of possible alternatives at a time of great emotional stress. Having a solicitor you have confidence in and with whom you are at ease is essential. Not only will we help you achieve the settlement that is right for you but we will also support you through the whole process.
Divorce
Once people have got over the shock of a marriage failing their main objective
is usually to sort out the house and the finances so they both know where they stand and can begin rebuilding their lives. Whilst they often disagree over why the marriage came to end they usually accept that it is over. In the vast majority of cases this means any subsequent divorce proceedings can proceed by consent by post without either party having to attend court. The result is that the actual divorce is straightforward quick and inexpensive (see our Fixed Fee divorce service).
What most people do not appreciate however is that the divorce itself just ends the marriage. It does not sort out the house or the matrimonial finances. These are dealt with separately in a process called Ancillary Relief.
Sorting out the house and finances
The good news is that over 90% of all couples eventually reach agreement over the division of the house and finances. Sometimes this is achieved readily, in other cases quite late in the proceedings. In recent years the court procedure has changed dramatically and is now designed to actively encourage and facilitate settlement. One particularly helpful innovation is the Financial Dispute Resolution Meeting or FDR. Here if settlement hasn’t been reached both parties and their solicitors have to attend a private meeting with a judge where both solicitors and the judge discuss the case and try and reach a settlement. In our experience these meetings are very effective and often result in even difficult cases settling.
Not all cases settle however, in which case the matter proceeds to a contested hearing in front of a different judge. He or she will hear both parties give evidence, look at the overall financial position and consider the needs of the children and the parties before making his decision on how to divide up the assets of the marriage fairly.
But don’t you just get half each?
No, there are no fixed percentages in English law. Whilst a 50:50 split may be fair in some circumstances - say where there is a long marriage with no children and both parties in well paid employment -it is not appropriate in most cases particularily where there are children or if one party earns much more than the other.
Collaborative law
Collaborative Law is a new way for divorcing or separating couples to work together to reach a settlement. Only specially trained lawyers like us can offer this option. Both sides still instruct their own solicitor but unlike the traditional approach the couple and the solicitors formally agree at the outset to work together in a series of co-operative meetings to achieve a settlement. Read more »
Mediation
Here both parties meet on their own with a trained mediator to try and sort out their settlement. The solicitors then do the legal work putting it into effect. Solicitors do not attend the mediation meetings and it is important to have advice from your own solicitor before and during the process to maximise the benefit.
Free Legal Advice
If you are considering Divorce or Separation and want to know where you stand why not take advantage of our Free Legal Advice Clinic for informal, confidential advice from a specialist solicitor, free of charge and without obligation. Read more »
