Divorce and Family
It is essential that you get expert legal advice promptly. Lovedays can give you the right advice and support. Family proceedings can often be a very stressful experience for everyone involved. It is important that you obtain the right advice from the start. We are there to provide constant support and help to guide you through the process.
We can offer a wide range of advice and services in the event of your marriage breaking down. Important decisions will have to be made about property, the children, money, payment of any mortgage, household bills, altering your pension fund nomination, making a new Will and generally planning for the future.
A divorce usually comprises two stages: first, the divorce itself leading to Decree Absolute which ends the marriage and second, settlement of financial issues, if not by agreement then by Court intervention. There can be some very complicated decisions to be made about financial provision including claiming against your spouse’s pension fund (or having a claim made against yours!) If there are children there may well be worries concerning their upbringing and maintenance.
It is essential that you take prompt legal advice from an expert about all these topics because there is otherwise a risk of serious financial loss if the right action is not taken.
If we are consulted early enough, we can also help protect you against some of the worst financial consequences of marriage breakdown; for example, through pre-nuptial agreements or by creating a trust when any property is bought so as to regulate what can be claimed by your spouse if the marriage fails. Solicitors tend only to be instructed when things have gone wrong. If advice had been taken sooner, the damage is often far less!
It is also important to consider your legal position when you are entering into a relationship, whether it be marriage or partnership. You need to know what your rights are if things go wrong; for example, will your partner be able to make a claim against you if you split up, what happens with jointly owned property if one of you dies and will you be able to recover money you have spent buying or improving the home you are to live in with your partner. If you have children you will need to consider what the arrangements will be for their care in the future. We can advise you about all these issues.
When a marriage breaks down, there may be no available grounds for divorce. If so, you could enter into a formal separation agreement in order to deal with the most immediate problems such as who pays the mortgage and the bills for the family home. It is better to have a separation agreement than nothing at all. We can help you set up an agreement which is legally binding.
As ever, it is sensible to find out about all these things before making any commitment or irrevocable decision. Do gives us a call or arrange a meeting so that we can help you plan ahead.
Fees payable to courts are rising. The current fee to issue a divorce petition has increased to £550. Sometimes we can obtain a fees remission, but you would need to discuss this with us.