FAMILY & RELATIONSHIP LAW
What divorce and separation legal services do we provide?
If you’re divorcing or separating from your partner, our team of expert Divorce Lawyers can help you in that process by providing advice on:
- Separation agreements
- Change of Name Deeds
- Judicial Separations
- Financial Negotiations
- Fixed fee divorces
- Pension Sharing Arrangements
- Child Residence Arrangements
- Child Contact Arrangements
- Financial Orders
For more information about any of the above mentioned services, get in touch with our team today on 0330 912 8338.
Why Choose Atkins Dellow as your Divorce Lawyers?
Your first consultation is always on us. No obligation, just get in touch.
Consultations via video call, at our offices or by visit to your home or business.
Clear-cut solutions to put your mind at ease.
We’ll go the extra mile to offer you hassle-free legal advice.
Contemplating separation or divorce in the UK raises a myriad of legal considerations and practical implications which should be carefully considered to protect your interests.
The process can be emotionally and legally complex, with various aspects requiring careful attention, including financial arrangements, property interests, children.
Financial arrangements are a fundamental aspect of separation or divorce. It involves the division of assets, debts, and financial responsibilities accumulated during the relationship. Spouses are encouraged to reach a financial settlement through negotiation or mediation. If agreement can’t be reached, it may (in rare circumstances) be necessary to ask the court to determine the division of assets and financial support, considering factors such as income, earning capacity, and the needs of any children involved.
Property & Assets
Property interests can be particularly intricate during separation or divorce. The ownership of shared property, including the family home, will need to be addressed. Options include selling assets and dividing the proceeds or one party buying out the other’s share. Cohabitants who are not married may face different property rights and may need to rely on land and property laws to resolve ownership disputes.
When children are involved in a separation or divorce, their best interests are paramount. Both parents are encouraged to prioritise the welfare and upbringing of their children. Arrangements for child residence, contact, and financial support should be established. If parents cannot agree, a court may be asked to make decisions based on the children’s best interests, taking into account factors such as their age, wishes, and emotional and educational needs.
Death of a Party
The death of one of the parties during the separation or divorce process can have legal implications. It is crucial to update Wills and other legal documents to reflect changes in circumstances and ensure assets are distributed according to the individual’s wishes. In the absence of a valid Will, the rules of intestacy may apply, which may not align with the individual’s desired distribution of assets.
Unforeseen consequences can arise during separation or divorce. Emotional and financial stress, strained relationships with children, and potential disputes over assets and support payments are some common challenges. Seeking professional advice from family lawyers and considering alternative dispute resolution methods like mediation can help mitigate these consequences and promote a more amicable resolution.
Differences for Married and Cohabiting Couples
It’s worth noting that the legal considerations and implications will differ depending on whether the couple was married or cohabiting. Married couples have specific legal rights and obligations, while cohabitants may need to rely on contractual agreements or establish legal ownership through property laws.
In summary, the legal considerations and implications of separation or divorce requires contemplating a multitude of possibilities including financial arrangements, property interests, children, the death of a party, and potential unforeseen consequences.
Getting good legal advice from the outset could be crucial to the best outcome. Engaging in open communication and considering alternative dispute resolution methods can help.
Our team will support you through the complexities of this challenging process and protect your rights and interests.
Divorce and Separation FAQs
What is a Divorce?
Can we separate without getting divorced?
What is the difference between Divorce and Separation?
What is a Matrimonial Financial Order?
What legal rights do cohabitants have when going through a divorce or separation?
How are financial arrangements settled during a divorce or separation?
What happens to jointly owned property during a divorce or separation?
What legal considerations are there for children of the relationship during a divorce or separation?
The well-being and best interests of children in a divorce are prioritised. Child living arrangements, contact, and financial support arrangements should be established. If parents cannot agree, a court may be asked to decide based on the children’s best interests.
How does the death of one party impact the divorce or separation process?
In the event of the death of one party, the divorce or separation process will inevitably be affected. Considering life insurance arrangements and taking relevant advise from independent financial advisers is important. Estate planning, including updating Wills, is always crucial to ensure assets are distributed as desired.
What potential unforeseen consequences can arise during a divorce or separation?
Are the legal implications different for first-time divorcing couples?
What additional legal considerations exist for those divorcing later in life after previous marriages?
How can individuals protect their financial interests on a divorce or separation?
What if financial matters cannot be agreed in a divorce or separation?
What happens to pensions and retirement savings on a divorce or separation?
How can I ensure my children's best interests are protected through a divorce or separation?
How is the division of assets, including the matrimonial home, determined in a divorce or separation?
What happens to other property interests on a divorce or separation?
How are business interests handled in a divorce or separation?
What if one or both parties own properties abroad?
How are financial settlements impacted by the presence of children in the relationship?
What happens if one party passes away before the financial settlement is finalised?
Are there any unforeseen consequences that may arise during the financial settlement process?
What if one party owns a business that was established before the relationship began?
How are pensions and retirement savings handled in a financial settlement?
Can a financial settlement be revised in the future if circumstances change?
What if one party hides or undervalues assets during the financial settlement process?
Are financial settlements different for couples who were cohabiting rather than married?
How can alternative dispute resolution methods, such as mediation or collaborative law, help in reaching a financial settlement?
What role does legal advice play in reaching a fair and equitable financial settlement?
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