Breaking up is never easy and it’s a sad fact that 42% of marriages will end in divorce. While the legal process is fairly straightforward, the emotional & financial impact can be considerable. Even if your split is amicable, independent legal advice will help ensure it’s a fair one.
Divorce
We recognise that this can be an unsettling time and our solicitors will advise you on the best options for moving forwards. Wherever possible, we adopt a constructive & conciliatory approach to the problems arising from a relationship breakdown. For example, we will try to agree on the contents of your divorce petition before it is filed (although we can also file emergency petitions if needed).
If you & your spouse agree to the divorce, you will not usually have to appear in court. You can work out arrangements for dividing up property & assets & looking after any children yourselves. However, our team of solicitors, highly experienced mediators, and collaborative lawyers can smooth this process & ensure discussions don’t break down.
In June 2020 the Divorce, Dissolution and Separation Act 2020 was passed, which will reform the divorce process and allow spouses to divorce on a ‘no fault’ basis. The changes to the divorce process came into force on 6 April 2022.
Dissolution: Ending Civil Partnerships
A significant proportion of civil partnerships are ending in dissolution. Although the legal process is quite simple, it can have a significant emotional and financial impact. Independent legal counsel will help ensure that your separation is fair and possibly even a friendly one.
If you and your partner agree to the dissolution, you will typically not need to go to court and can come to an agreement on how to divide your assets and property as well as who will take care of any children. However, this process can be streamlined and assistance in preventing a breakdown in communication can be provided by our team of attorneys, which includes highly skilled mediators and collaborative lawyers.
Ending Cohabitation
Since Cohabiting couples have no legal status, the end of a relationship can present serious difficulties for one or both parties.
If you are not married or in a civil partnership, you won’t have to go through any formal legal process when you and your partner break up. However, separating with a separation agreement can make it easier for both of you to understand what’s been agreed.
Our team of specialists and experienced solicitors can help you to write a separation agreement if you decide to stop living together. This will set out any issues about money, property and arrangements for children if you have them. The sort of things you might find in an agreement will include details on any financial support or maintenance or who your children should live and have contact with.
If an agreement cannot be reached between you, we can advise you on all of the options available to you including mediation, collaborative law, solicitor correspondence, negotiation and arbitration. We try to resolve matters without resorting to court proceedings wherever possible, however, if it is necessary to make an application to court then our solicitors can help you navigate the process and ensure that the best possible outcome is achieved.
As of April 2013, legal aid has been significantly restricted and it is therefore unavailable for most family legal cases. We will ensure before we work with you that you are clear about costs and where and when these will be incurred. However, getting legal advice early on can avoid much more expensive problems occurring later on in the process.
