Divorce & Separation - Facts & Top Tips

bannerjones solicitors A guide to Divorce and Separation Divorce can be a very daunting prospect and often extremely stressful for everyone involved. Ensuring that the process is as smooth as possible will benefit both parties. If you are in the early stages of the divorce process this sheet will guide you through what to expect and hopefully put your mind at ease. Tips on negotiating a Divorce Settlement You will both need to arrange your own legal advisor. The reasoning behind the divorce rarely affects any financial settlements and the decision of who should This is especially important if there are large amounts look after the children. Your solicitor is able to offer of assets at stake or if there are children involved. As advice on what would be a reasonable settlement and part of the negotiation process you will both be required to provide evidence of your financial circumstances. Here you must be clear and provide all evidence including property, savings investments, debts and any other relevant financial figures. Non-disclosure of assets will ultimately add time and expense into the who should look after any children involved. Your solicitor will alsodeal with all the paperwork, court filing and anything else that needs to be completed. It is very important that each of you seek your own legal advice as any agreements that have been made could be open to challenges if you were to go to court. process. Fighting it out through the courts can be an extremely lengthy, expensive and stressful process and another route that you may wish to consider is Mediation. We would recommend where possible to discuss with your former partner how you will approach the divorce. Simple matters can easily be discussed prior to instructing a lawyer who is going to petition to divorce. Mediation services are advantageous because there is an impartial person present who is able to diffuse Another important factor that can be discussed is on what grounds is the partner going to petition for a divorce, perhaps unreasonable behaviour or infidelity. situations in a calm and civil environment. Mediation can be cost effective and can help speed up the divorce process. However if these issues have not been addressed properly they may come as a shock and consequently cause upset to one partner. If you ensure you have a clear idea of what you are going to do and what you expect from your ex, the easier and smoother the divorce process will be. Tips during the Divorce Proceedings The divorce process is usually broken down into 3 major stages; the divorce itself (the ending of the marriage), the agreement of financial issues and the arrangement for any children involved. These stages however usually overlap as you can be in the process of ending the marriage whilst still negotiating over financial settlements. The judge however will not grant We would advise that you both decide how the responsibility for legal costs is going to be shared. There are two major costs involved during the divorce process the first being the court fees, these are generally lower providing the divorce is undefended. Then you have your solicitor fees. These costs generally cover the solicitor filling out any necessary paperwork as well as assisting with the negotiations over finances and any children. The total cost however will be fully dependent on how you and your partner are to deal with the process. We would suggest you both take a constructive and efficient approach to any a divorce if sufficient arrangements have not been made for any dependent children. If you have managed to discuss the details amongst yourselves the divorce process should be fairly smooth and should take around 6 months. You are not actually required to attend court in person. You could potentially negotiations, and on the complexity of any deal with the paperwork yourself, however; we would advise you to use a solicitor to ensure details have been arrangements involved this will ensure costs are kept to a minimum. filled out correctly. If you have already hired a solicitor to handle negotiations on financial settlements then you could use the same solicitor to handle the paperwork. Separation and it's benefits Quite often couples will separate as a practical alternative to seeking a divorce straight away. Separation gives you the option to separate straight away from your partner without needing to get the courts involved. A benefit to this is that you can use Normally one of you will move out of the family home, the financial agreement you both reach will need to take this into consideration. Perhaps you decide that you will both accept a lower standard of living however you will have your independence and are both able to lead separate lives. You may come to an agreement that you both would like to remain living under the same roof but live separate lives, in a the arrangements you have made in your separation as the same arrangements within your divorce. Separation, providing you have been separated for at least two years and both agree to the divorce can also be used as your grounds for divorce in the future. For some couples, separation can be an easier long term solution especially if things are amicable; obviously neither of you are able to remarry without getting a divorce first. separation you have this flexibility. In many cases partners will have the arrangements drawn up in a deed of separation. This can help to add certainty to any arrangements made, however the terms of this separation agreement can still be overruled by the court. You are able to get your You are able to separate both informally or fomally by drawing up a legal document. In either case it is a good idea to come to a decision on finances and the agreement recognised by the court however this procedure is similar to that of a divorce and usually is only used when one partner objects to a divorce. arrangements of any children. We would also recommend that you deal with other important issues like rewriting your will if necessary and registering your right to live in the family home. Why Choose Banner Jones? 96% LEGAL 500 resolution 135 YEARS specialist We have an independent clients would mediation Ranked in 96% of our Over 135 the Legal 500 for services 5 Regional offices Variety of specialist lawyers recommend us to a friend Resolution years of experience to Family Law accredited service If you are considering getting a divorce contact one of our expert solicitors who will give you specialist advice on the divorce process: Phone: 0333 200 2300 Web: www.bannerjones.co.uk Join our Social Networks bannerjones You Tube 8* solicitors