We know that emotions have been running high over the last few months and you may reach a point where you just need to get some advice on what your options are. To help clients who wish to start divorce proceedings we are now offering an initial telephone advice appointment. This will enable you to make progress with your divorce from the comfort of your own home, with correspondence dealt with by phone and email to progress your matter.
The majority of the Family Law team are following government guidance and working successfully from home, with full access to the systems they need. Our main switchboard and administrative functions continue to operate as normal.
Court hearings have been taking place virtually over the last few months and our team have been working throughout, meaning that we are fully up to speed with the current procedures.
He's got to keep a roof over our heads hasn't he?
Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.
How soon can I file for Divorce?
There is a 12 month barring rule which means you can start the divorce process after being married for 1 year. In England you can get divorced if your marriage has broken down irretrivably, usually proved by allegations of adultery or unreasonable behaviour, or if there has been 2 years' of continously living apart.
My aunt only has one bank account. Can I deal with this on her behalf?
If the bank allows, it is possible for your aunt to name you as a third party on her bank account. This will allow you to withdraw funds and sign cheques on her behalf. We can help your aunt complete the mandate form required to put this in place.
What am I entitled to in a divorce? Can she take me for every penny?
No. Sometimes it may feel as though this has happened. The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.
Will I lose touch with my children?
Your aim should be that both parents still play an active part in the raising of the child/children. Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this. Going to Court should always be the last resort where children are involved.
Will we have to go to Court during our divorce?
No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.