- Do I need to plan my estate if I don’t have children? - The importance of a Will and planning for the future is often discussed when you have children, but if you do not have children, do you still need to plan your estate?
- No fault divorce - The current divorce law, which has been in place for almost 50 years, requires couples looking to divorce without two years of separation to file for a ‘fault-based’ divorce.
Finances on Divorce
We can advise on financial matters following a divorce or separation. Circumstances can vary but ideally an agreement can be reached regarding finances and divorce either between the parties directly or through using a third-party such as solicitors and mediation. Such an agreement can be incorporated in a Court Order which can be presented to the Court for approval by the Judge as the divorce is being finalised. This will have the benefit of being legally binding and enforceable. Any further financial claims will be dismissed or will be limited usually to maintenance arrangements.
If an agreement cannot be reached then a secondary application can be made within the divorce under the Matrimonial Causes Act 1973. This is known as financial remedy relief. We can guide you through the process at every stage.
The Court has wide powers and can make orders regarding maintenance, the transfer or sale of properties, orders can be made for the payment of lump sums by one party to the other and orders can be made in relation to pensions. We can advise fully on the appropriate settlement you should be reaching.
Mediation is available to assist in resolving disputes concerning children and finances arising out of the breakdown of a relationship. Mediation can assist in helping the parties to reach an agreement without having to go through contested court proceedings. This has the obvious benefits of reducing the stress involved in the breakdown of a relationship, it removes the uncertainty of going through the Court process and usually the likely costs will be significantly less.
We can assist in referring you to an appropriate mediation provider and provide assistance and advice to you during the mediation process. It is important to remember that the mediator is a neutral third party who cannot give legal advice. Their role is to assist the parties in trying to reach an agreement. It is therefore important that you continue to have ongoing legal advice throughout the mediation in divorce process.
We generally charge the basis of how much time has been spent on a case. An estimate will be provided by our solicitors.
A fixed quote may be available in certain circumstances for example if you are simply looking for advice regarding the preparation of a document.