Divorce & Separation
The end of a relationship or break up of a marriage can be a difficult time for all parties involved. Naturally, you will be concerned about your current financial and property arrangements and how it will affect any children you may have.
Choosing the right solicitor to meet your needs can be a difficult task, especially when you are faced with an emotional situation. However daunting it may seem, we recommend that you seek professional advice as soon as possible.
All cases of marital breakdown are unique. Some cases may be fairly amicable and there may be no desire, by either party, to commence divorce proceedings. This may be because there is hope of a future reconciliation or because the parties are happy to remain married for a period of two years before commencing divorce proceedings without alleging specific behaviour or adultery.
In most cases of breakdown certain matters will arise and can be dealt with by agreement or by Court involvement. These may cover any or all of the following:
- Children
- Personal protection
- Financial matters, including housing situation of the parties and the children
If a divorce remains the only option, we will carefully explain the process to you and use our experience to recommend the best course of action based on your circumstances.
Divorce proceedings can only commence after you have been married for at least one year. You must be able to demonstrate that your marriage has ‘irretrievably broken down’, which may be due to a number of defined reasons including; adultery, unreasonable behaviour, desertion or by agreement with both parties.
When children are involved, we will ensure they are properly provided for and can advise on issues of living arrangements, ongoing contact and parental responsibility. We will always seek to reach a negotiated settlement and only refer to the Court as a last resort.
The No-Court Divorce: Collaborative Law
Collaborative Law is a new approach that involves couples working with their solicitors and other professionals in the same room to reach a mutually ‘fair’ agreement when divorcing or separating. Each party still benefits from the support, protection and guidance of having his or her own legal representative but both sides agree to resolve the issues without resorting to costly or stressful Court battles.
Solicitors in our Family Team are qualified collaborative lawyers. Click here to learn more about Collaborative Law.
We recognise that cost issues are important to you and we are transparent about our fees. Before any work is undertaken we will outline what we propose to do on your behalf and provide you with written confirmation of our estimated total fees. Our charges are primarily based on the time involved and may also reflect the value of the estate. We will consult you if the total fees are likely to exceed the original estimate.
