Divorce & Separation
Birketts LLP 'provides an excellent all-round service.'
Legal 500 | UK 2011
Divorce
Most of us will know someone who is experiencing or has experienced a divorce at some stage. Divorce settlements and the quality of good divorce advice are much talked about but it’s very different when it’s happening to you.
Family and friends often provide their opinions on what you should or should not do and sometimes this can be confusing. Remember; every marriage is different and as a result every divorce is different. As specialist family lawyers we will guide you through a divorce or separation, listening to your needs and those of any children and offering you advice, information, reassurance, support and guidance.
Anyone can seek a divorce with or without the agreement of their spouse, though agreeing is usually the best approach where possible. The three most common types of petition are based on unreasonable behaviour, adultery and separation for two years with both parties agreeing.
For more information on the divorce process and how to get a divorce, please follow the link - divorce.
Separation
A judicial separation is a very similar procedure to divorce. The courts have powers to make certain orders in respect of finances and the children. Crucially, the courts cannot make orders that relate to pensions. However, the couple still remain legally married at the end of the process. This is a rarely used process but may be an option where couples wish to live as if they were divorced but cannot divorce for perhaps religious reasons, or if they have been married for less than a year and are unable to divorce.
Finances
This is an ever developing area of law. There is never one right answer. Instead there are a range of possible outcomes which can be tailored to suit the various needs of the two households looking to the future. One of the guiding principles is fairness – which may not always mean the same to both parties. If a case goes to a final hearing at court the judge has a wide discretion over the solution that can be imposed whilst remaining fair. This means that the outcome may be difficult to predict.
The financial aspects of divorce can be extremely complex, particularly when there is a family business, inherited assets, farms or trusts. We provide specialist advice on all these complex issues.
Please contact us if you would like any more information or to request a meeting with a member of our team.