Divorce is one of the most stressful times one could encounter. Emotions can affect the decisions being made. Speaking to a solicitor will help you to understand the processes better and to consider the options available to you in a logical and cost-effective way.
Often people who have never divorced before will not be aware of the many aspects that a divorce entails. Communication between spouses can become aggressive or misconstrued. Solicitors will ensure any communication is effective and progresses matters.
Divorce
One party will need to issue the divorce petition. Who will it be? Does it matter which spouse issues? Which fact will the divorce be relied upon? Will the other spouse try and defend the divorce because they don’t agree with the statement?
It may be your first divorce, but your divorce lawyer deals with this every day.
As members of Resolution, Nelsons will proceed with your divorce in a conciliatory and non-confrontational matter. The intention is to ensure matters can be resolved quickly to avoid legal costs escalating unnecessarily.
Children
If the parties can resolve arrangements regarding the children directly between them, then no formal agreement needs to be entered into.
Dealing with arrangements for children can be emotive. If you are struggling to make these decisions, then speaking to a solicitor can help you to understand how a Court would decide on these issues during your divorce. This guidance could help you become better equipped when negotiating.
If it transpires that direct negotiations are not working, a solicitor can advise on the best next steps available for you, whether that be negotiations via solicitors, mediation or an application to the Court. There are various methods in which disputes of this sort can be resolved.
Financial matters
Some may only consider how the house, debts and bank accounts are going to be divided. Speaking to a solicitor will help you consider other aspects of your finances such as maintenance for you and/or the children, and sharing or offsetting of pensions.
The family Courts in England and Wales are discretionary in their approach and will ensure the outcome is fair for both parties. Fairness comprises three elements:
- Needs;
- Compensation; and
- Sharing.
The needs of one party will trump any other factors. Section 25 of the Matrimonial Causes Act 1973 requires the Court to have regard to all the circumstances of a case.
The first consideration is the welfare of the minor children of the family. The other factors include the income, earning capacity, property and other financial resources of the parties, their financial needs, obligations and responsibilities. The standard of living enjoyed during the marriage, the age of each party and the duration of the marriage. The physical or mental disability of either party (and the children) and contributions which each party made in the marriage. The conduct of the parties can also be relevant but only if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it.
As financial matters during a divorce can become complex, speaking to a solicitor can help to understand what you may be entitled to or how any assets, liabilities and/or income should be divided.
How can we help?
Emma Davies is a Partner in our expert Family Law team.
At Nelsons, we provide fixed-fee consultations in which all aspects of your divorce can be discussed. Before entering into any agreement with your partner or spouse, it is important to speak to a solicitor to ensure you are aware of your options.
For further information, please contact Emma or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.
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