Your Top 10 Divorce Questions Answered

Your Top 10 Divorce Questions Answered

1. Can I do the divorce/end our civil partnership myself

Yes, here’s a guide to how to file for divorce in the UKIt also tells you about the challenges you might faceIf in doubt, consult an expert family lawyer.

2. How much will it cost

The Court fee is £550 but:

  • are you eligible for an exemption? Here’s a link to an application form, or
  • will your ex pay? You can ask the Court to make an order although it’s not guaranteed the Court will agree so try to reach agreement with your ex.

3. How long will it take

About four months ruling out mishaps with the paperwork. But it’s wise to delay completing your divorce until you have a financial order. Why? Because you might miss out on your fair share; eg if your ex dies after the divorce but before you have a financial order you could lose out on their pension. Not sure? Consult an expert family solicitor.

4. How are the finances split 

Equally – subject to the following factors:

  • welfare of children
  • income and earning capacity –  a “clean break” means a payment of capital instead of ongoing maintenance
  • financial needs – eg the care of children
  • standard of living during the marriage – in rare cases where there is an excess of capital and income this is an argument for a greater share
  • your ages, and the length of the marriage – different considerations apply if it’s a short marriage
  • disabilities – ongoing maintenance or extra capital may be the answer
  • contributions to marriage – high achievers can attempt to ring fence their “stellar contribution

Try to agree the finances with your ex – see my recent blog How to avoid Court for your options:

5. Do I have to disclose my finances

Yes. Hiding assets or income drags things out and can result in an expensive and never ending court case. You will disclose your assets and income in a Form E Financial Statement, and/or a Statement of Information for Consent Order (if your agreed settlement is protected in a consent order)

If you don’t make full disclosure you risk:

  • adverse inferences being drawn as to the extent of your assets
  • extra costs
  • imprisonment for contempt of Court

Think you’ve got away with it? The Court can overturn financial orders when non disclosure or fraudulent disclosure comes to light. Transferring assets to someone else? You risk a Court order freezing your assets and a hefty costs order. Hiding assets? You risk imprisonment for contempt of Court.

6. Can I ring fence my assets 

Yes, sometimes, but you must still give full and frank disclosure first. What’s the best way to ring fence and protect assets on divorce? A prenuptial agreement.

If you’re already married, a post nuptial agreement. 

7. What’s a non matrimonial asset

Take advice because it depends on all the circumstances:

  • the house you owned before the marriage
  • the pension you paid since you started work
  • the inheritance that post dated separation
  • your business

But if there aren’t enough matrimonial assets left to fulfil your ex’s needs eg for housing, non matrimonial assets can be used to plug the gap.

8. Is it possible to ring fence and protect an earlier inheritance

Possibly if you never allowed it to be used as a matrimonial asset.

9. Can a business be ring fenced

Your ex might make a claim over your business but won’t automatically be entitled to a share of the business on divorce, and if they are, they could instead receive a larger share of other assets such as savings or the family home. Take advice, this is a tricky one.

Joint business? The options are:

  • split it between you
  • buy each other out
  • sell it

Here again a you might want to consider a post nuptial agreement.

10. My husband/wife/civil partner has left me what are my rights

Worried your ex will:

  • sell your home because it’s not in joint names
  • sell, hide or move valuable assets

The answers are:

  • an application to the Land Registry to register a Notice of Home Rights – anyone who is not a joint owner should register their home rights when a marriage breaks down
  • an urgent application to the Court to freeze assets

You need maintenance:

  • on an emergency basis
  • to support the children

The answers are:

Your Top 10 Divorce Questions Answered

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial consultation on Your Top 10 Divorce Questions Answered. In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post Your Top 10 Divorce Questions Answered are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

image for Your Top 10 Divorce Questions Answered – Facial portrait of sad expression by a female actress by xusenru on Wikimedia

Read the article

Grey Divorce? Making the Best of Life

Retirement is on the horizon or has already arrived. The children are, or will shortly be, independent. Now is the time to make the best of life but couples can find they have grown apart, or that they cannot progress together beyond their roles as parents. Is it time for a ‘Grey Divorce’?

Nowadays there is no stigma attached to divorce, whatever your age. And with dating apps and a burgeoning population of single, older people, there’s less chance of being lonely.

Divorce always involves lots of decisions and emotions, some of which are hard. You can get all the advice in the world but there will still be surprises. So make sure you give a bit of thought to these points.

Punch & Judy or keep it amicable? …

The answer is, of course, to try to keep it amicable. If possible agree the financial aspects by negotiation, collaborative law or mediation

And as for the divorce proceedings, with the Government consulting on ‘no fault’ divorce, things are set to become easier. But for now you need to think whether you want to start proceedings yourself or whether you need a fixed fee quote from an expert family law solicitor.

What are the grounds for your divorce? See my blog, Grounds for Divorce, 5 Things You Need To Know.

Family home or pension …

You might have lived there for decades, perhaps you brought up your children there. But don’t fall into the trap of keeping the family home rather than receiving a realistic share of the pension pot. You could face an old age of financial insecurity whilst your ex is sitting pretty.

Pensions especially final salary policies can be worth a great deal more than the family home. You might plan to realise cash from the family home when you need it in the future but this is likely to represent only a tiny fraction of the capital required to provide you with a pension.

Pensions may be shared, or offset against other assets, or maintenance may be paid to equalise income. See my blog, Pensions on Divorce, What Can You Expect? for answers to the following:

  • How are pensions valued?
  • Do you need an actuary?
  • What is your entitlement to state pension?
  • How to keep your pension out of the divorce
  • What is a pension sharing order?
  • What is offsetting?
  • Can you claim your ex’s state pension?

Investments, savings and inheritances …

Through the course of your life you may have accumulated significant assets. How can you protect them in your divorce? See my blog, Ring Fence and Protect Assets on Divorce.

Grey divorce: is maintenance the answer? …

Special considerations apply in older divorces. Earning capacity might be limited because of age or illness, and this might suggest long term maintenance is required. Or one or both of you may have reached retirement age and pensions may be in payment.

See my blog, Maintenance and Clean Break On Divorce. This explains entitlement to maintenance, and the many different forms it can take.

Your new relationship …

Protect your assets and peace of mind by entering into a cohabitation agreement or a prenuptial agreement. This doesn’t mean you don’t love and trust each other. It simply demonstrates you’re not together for the money.

See my earlier blog, How to Protect Your Assets with a Prenuptial or Postnuptial Agreement

How about the children? …

If you are remarrying or buying a property with a new partner you need to give careful consideration to how your estate is to be distributed in the event of your death. To what extent do you want your new partner to benefit as opposed to your children? Avoiding the issue could leave your loved ones with a dispute or possibly even a court case under the Inheritance (Provision for Family and Dependants) Act.

Get advice from an expert solicitor and make a will. This is also a good opportunity to safeguard your future with a Lasting Power of Attorney.

Grey divorce? Making the best of life …

Contact  Joanne Houston on 01962 217640 for free advice on Grey Divorce. In this 20 minute session we will review your situation and how you can achieve your objectives.

See my blog about how to get the best financial settlement on divorce.

Did you know there are different rules for Short Marriages?


JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families. Visit our website just-family-law.com The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

image Old Couple In Love by Ian MacKenzie on Wikimedia Commons

 

 

Read the article

What comes first divorce or settlement?

What Comes First Divorce Or Settlement

What comes first divorce or settlement

The answer is they should be going on at the same time. But it’s often wise to delay finalising the divorce until the finances have been sorted out. Why? Because if your other half dies after the divorce but before you have a Court order confirming the financial settlement, you could lose out as their widow or widower. And you could miss out on a fair share of their pension. Is this something that particularly concerns you? Get in touch with an expert family lawyer.

How much will the divorce cost

The Court fee is £550.

Need help with the Court forms? A “pay as you go” deal is the answer. This means you ask a solicitor for advice when needed, and limit the expense. But if you hand your divorce over to a solicitor, make sure you know how much they’re going to charge. Can you do the divorce yourself? See below.

What are the grounds for divorce

“Irretrievable breakdown” – and you have to rely on one of five reasons:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Two years separation with consent
  • Five years separation without consent

Unsure which to go for? For more details see my blog Grounds for Divorce – 5 things you need to know.

Can I do the divorce myself, or do I need a solicitor

Yes you can do it yourself.

But don’t be afraid to ask for help to avoid mistakes being made on the papers (and the Court sending them back). See my blog 10 Reasons why you need a family law solicitor to check your DIY divorce petitionA common problem is service, or forgetting to tick an important box, or failing to grapple with legal definitions of residence – a complication if you’re an international family.

A solicitor can also help if your other half is not acknowledging the proceedings.

How long does it take

Usually about four months but there can be pitfalls – see above.

How is the divorce settlement worked out

The starting point is equal division. But various factors are taken into account including:

  • The children’s welfare
  • Income and earning capacity
  • Financial needs
  • Standard of living
  • Your ages, and length of the marriage
  • Physical or mental disabilities
  • Contributions to the marriage

It’s an idea to ask an experienced family law solicitor for advice if there are:

Do I have to disclose my finances

See my blog Financial disclosure on divorce – 10 things you need to know.

Do I need a consent order

It’s a good idea. Because if one of you changes your mind, or if one of you comes into money, there’s no going back for a second bite of the cherry. And it’s relatively simple for a solicitor to draw one up. See my blog How do I get a consent order?

What comes first divorce or settlement

Contact  Joanne Houston on 01962 217640 for advice about What Comes First Divorce Or Settlement? In this 20 minute session we will review your situation and how you can achieve your objectives.


JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

 

image for What Comes First Divorce Or Settlement? Sad Lucy by Tim Dawson on Wikimedia Commons

Read the article

Financial Settlement On Divorce, How To Get The Best One For You – 5 FAQs

Financial Settlement On Divorce

  1. What’s The Best Way To Tackle Your Financial Settlement On Divorce?

By all means come to an agreement about the matrimonial finances between yourselves. But make sure you obtain advice from an expert family solicitor to ensure it’s a fair deal. This could save you money in the long term because the wrong financial settlement can affect the rest of your life.

Your solicitor should advise you of your options such as negotiation, mediation or collaborative law. But if these don’t work, Court proceedings might be the answer. Your solicitor will tell you how much these options are likely to cost.

  1. What Happens First?

All the matrimonial assets are utilised to provide a fair settlement for both of you. So you both need to provide information about every single one, whether owned in your joint names, or in your sole names:

  • The value of the family home (and any other property) and the size of the mortgage
  • Bank and building society accounts
  • Shares
  • Pensions
  • Any other investments
  • Debts

And you will both need to provide details of your income and outgoings, too.

  1. Which Assets Are Non Matrimonial? 

Can you protect your inheritance on divorce? How can you ring fence your business? How about property owned pre-marriage? You will need expert legal advice to answer these questions. But you must, first of all, disclose the existence of these assets, and their value.

  1. How Are Assets Divided For Your Financial Settlement On Divorce?

The starting point is equal division. But the Matrimonial Causes Act tells us we must also consider various factors, and any one of these could mean an adjustment to income or capital. The list of factors includes:

The Welfare Of Any Children
Income and Earning Capacity

The approach is to achieve a “clean break” between couples by capital adjustment rather than ongoing maintenance.

Financial Needs

If there are children, the parent with whom they live is likely to have a greater need for capital.

Standard Of Living During The Marriage

In rare cases where there is an excess of capital and income, this is an argument for a greater share.

Your Ages, And The Length Of The Marriage

There are different considerations depending on the ages of the couple, and whether it’s a short marriage or a long marriage.

Any Physical Or Mental Disabilities

This could be a case for ongoing maintenance, or extra capital.

Contributions To The Marriage

High achievers can attempt to ring fence their “stellar contribution

5.         Is A Court Order Required?

A Court order means if one of you changes your mind, or if one of you comes into money, there’s no going back for a second bite of the cherry. And it’s a relatively simple matter for a solicitor to draw up an order and to send it to Court. Ask for a fixed fee quote.

Contact Joanne Houston on 01962 217640 for free advice on your financial settlement on divorce. In this 20 minute session we will:

  • Review your matrimonial financial situation and how you can achieve your objectives
  • Give you an overview of how a suitable financial settlement may be achieved by either negotiation, collaborative law, mediation, or Court procedure

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

image: Lady Judge in Boardroom by Lady Barbara Judge on Wikimedia Commons

Read the article