DIVORCE, SEPARATION, DISSOLUTION AND NULLITY
We can advise you on all aspects of U.K divorce, separation of unmarried couples, dissolution of civil partnerships or nullity and judicial separation.
It is difficult at the beginning of a case to judge the timescale of a divorce although we are confident that we can advise you on an estimate at the preliminary meeting. Very often separate but related issues arising from the divorce will need to be resolved before obtaining the Decree Absolute. Practical arrangements for the care of children will also have to be resolved to satisfy the Court, and it is very often the case that future financial arrangements between yourself and your former spouse should be settled prior to obtaining the Decree Absolute (see below).
A Divorce Petition cannot be issued unless the couple have been married for more than one year. Although it does not matter where you were married, it does matter where you and/or your spouse are living at the time the Petition is issued.
We will work with you to resolve the financial aspects of the relationship breakdown including the following:
- • Maintenance or Periodical payments for a spouse or for children
- • Lump sums
- • Transfer or sale of property – the court can order the sale of a property and specify the way that proceeds should be divided or transferring the property to the one party’s name as may be specified in order to benefit a child.
- • Pension Orders – these can be made to benefit the other party
- • Variations – the court has the power to vary an existing order for Maintenance Pending Suit, Periodical Payments Order or installments for a Lump Sum Order.
No party can initiate a process to lead ultimately to a Financial Relief Order without divorce proceedings having been issued. The parties can reach agreement which can subsequently be put into a Court Order (subject to the Court’s approval). We can assist in negotiations towards settlements which will reduce the stress and legal costs for the parties by removing or minimising the need for court involvement. It must always be borne in mind that a Judge cannot make a Final Order until there has been a conditional divorce (Decree Nisi). Furthermore, unless agreed between the parties any Order dealing with provision of lump sum payment, capital, land trust assets and pensions cannot be implemented until a Decree Absolute has been pronounced.
We can also guide and represent you throughout the Court process.
COHABITATION AND PROPERTY DISPUTES
‘Common Law Spouses’ is a popular misconception. It does not exist as a legal concept. When an unmarried couple plan to live together, it is sensible to consider a Cohabitation Agreement setting out the basis of ownership of assets. A Cohabitation Agreement sets out the contributions that each of you has made, and how each of you will contribute to outgoings such as the mortgage repayments and bills on an ongoing basis and how they will be dealt with in the event of a relationship breakdown.
Cohabitation disputes can be complex since the law in this area is not straightforward. If your relationship breaks down and you were not married to that person, your claims against them will be more limited than those of a married couple.
Please contact us today for further advice and assistance 020 3586 4050, 0758293 2830 or email firstname.lastname@example.org
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