If you are thinking about commencing divorce or dissolution proceedings, knowing where to start at such an emotional time can be a minefield. We have a team of divorce solicitors who are all experts in the procedure and can carry out all of the necessary paperwork for you.
We can help you navigate the financial issues you will need to think about if a separation or divorce is likely to happen. Our divorce solicitors will assist you in formulating your financial case and how best to achieve it (whether by mediation, the collaborative process or court proceedings).
We will support you at every stage of the process, ensuring that financial disclosure is obtained and scrutinised and that we obtain the most beneficial settlement possible for you.
Settlement of property disputes
Unfortunately when an unmarried couple separates it is not always clear on the share each person should receive, or it cannot be agreed whether the property should be retained or sold. In the event that negotiations do not result in an agreement, the Court can make a decision.
These problems occur more often when the original conveyancing transaction did not deal sufficiently with the intention of the parties on relationship breakdown and shares in the property. To avoid such a pitfall it is always preferential to enter into a Living Together Agreement and a Declaration of Trust from the outset. You may have heard this referred to as a Trusts of Land Act claim.
Change of Name Deeds
You may wish to change your name. We can take the stress out of this by drafting you a change of name deed and providing you with all of the copies you will need to let the necessary authorities know, (DVLA, banks, council).
You will need a Change of Name Deed if you wish to change your married name back to a maiden name, or if on marriage you wish to make your maiden name a middle name or double barrel your surnames. Or you may just fancy a change!
How we can manage your case
Each divorce solicitor in our team belongs to Resolution, a family law body which believes in a constructive, non-confrontational approach to family law matters. Accordingly the guidance we provide to our clients promotes settlement and alternative dispute resolution where possible. We are trained to put clients at ease whilst they are going through what can be one of the most stressful experiences they will face.
The collaborative process
When you look back on your divorce or separation, what would you like to feel? That it was a gruelling, gladiatorial battle in Court during which you both attacked each other through divorce solicitors – or that it was a humane, sensible discussion to take you forward into your new life?
The ending of a relationship is painful but how you choose to resolve financial issues or arrangements about your children can make a big difference. Court is needed in some cases but need yours be one of them? The collaborative law process allows a couple to sit at a table with both of their collaboratively trained divorce solicitors to talk through the options before them. You can have as many or as few meetings (known as “four-way” meetings) as you need : they can be paced to suit the reality of your lives as you work through the roller coaster of emotions of relationship breakdown. Having a supportive “space” in which to openly work through ideas and worries about your children or money issues can be surprisingly helpful at a time when you may feel that making any decision is very difficult. Talk to Andrew Mercer, who is collaboratively trained, to see if this way of resolving differences might help you.
Solicitor correspondence and the Court process
In some cases alternative dispute resolution is not possible. We will support and guide you through the court process.
This is a process designed to resolve disputes without resorting to the Court and with the help of a neutral third party. A mediator cannot give legal advice to either party and will remain neutral whilst giving a general framework for potential solutions.
If an agreement is reached we can draft the necessary paperwork for this to be approved by the court for you. It is important that this documentation is completed properly to prevent any further claims in the future.