Family, Relationships & Divorce

We have a question and answer page to give simple answers to commonly asked questions regarding divorce.

We have a question and answer page to give simple answers to commonly asked questions regarding children and child law.

A judicial separation is a formal separation which is sanctioned by the court. It enables the court to make orders about the division of money and property, similar to the orders which can be made on divorce, without actually terminating the marriage.

Legal Proceedings are court based applications such as divorce, finances, children arrangements as well as Trusts of Land and Appointment of Trustee Act applications which cover unmarried couples with property disputes.

Yes, as long as it is correctly undertaken. We offer a Change of Name Deed service. If seeking to change a forename or surname of a child, both parents need to consent. Where consent is not given, a court application can be made to deal with this specific issue.

Pre and post nuptial agreements are yet to “bind” courts to their content should they be disputed. However there has been a raft of case law since the leading case of Radmacher in 2009 in which Courts are now attaching significant weight to their existence as long as the criteria for their formulation has been strictly adhered to. Ultimately however, a court will always consider the content of such an agreement when deciding financial relief cases.

Fair, acceptable settlement through negotiation is always the preferred solution, to save you stress and expense. If that’s not possible, then we will fight your case strongly through the courts.

We encourage you to gather as much relevant information and documentation as you can, in order to lessen your costs. Our initial advice will include assessing whether you can handle the case, or elements of it, yourself. It’s another potential way you can contain expense.

We prefer to give you a firm quotation of costs upfront. If that isn’t possible in your case, we will explain why.

We offer a 45 minute fixed fee appointment, in which we provide you with bespoke legal advice and include setting out your options on how to move forward. Our fixed fee for this is £165.00 inclusive of VAT but this also includes the fee for Anti-Money Laundering checks that we have to perform and is payable in advance of the meeting. Don’t worry if the meeting runs over, you will not be charged any additional fee.

This is a difficult one. There is a route for applying to the court to change a financial settlement because of an unforeseen and unforeseeable event since the court made the financial order. However it is not a given that this will be enough to persuade the court to change a settlement. In a recent case the former husband asked the court to reduce a lump sum to be paid to his ex-wife because his school meals business had suffered a financial downturn due to the covid pandemic. This downturn did not occur until September 2021 when in fact most children had returned to school. Prior to that the furlough scheme and business interruption loans propped the business up. On this basis the ‘event’ – the return to school and reduction of government support, was foreseeable. This is not to say that the covid pandemic would not potentially be deemed unforeseeable and unforeseen in some other cases. But you should always think first as to whether any other legal avenues are available to remedy matters before launching this type of application.

Lump sum payments made between spouses and pursuant to a court order are generally tax exempt, although crucially the Order will need to be first in time which means ahead of any application for Decree Absolute. Disposals of assets such as a transfer or sale of a business, or shares or properties other than the martial home can all give rise to tax Capital Gains Tax (“CGT”). Even the disposal of the martial home, in certain circumstances could end with a tax bill. Recognising this means we always involve a tax expert such as an accountant at an early stage to advise on any tax issues to ensure that whatever the agreement, there are no nasty surprises lurking around the corner when the parties come to implement the Order.

This is not a straight forward answer. The answer will depend on the circumstances of the case, the income of both parties, who is living where and what the bills are – certain bills like Council Tax carry criminal penalties if unpaid. Credit ratings can be adversely affected by the non-payment of a mortgage or certain utility bills. Not paying your buildings and contents insurance could be fatal to any claim should something unforeseen happen to your home and it can also invalidate your mortgage terms – a bespoke, case by case analysis is required here and the advice given will reflect that approach.

Adultery is the act of sexual intercourse with a person of the opposite sex during marriage. Crucially adultery cannot be cited in same sex marriages. Adultery is one of 5 facts linked to a party seeking to dissolve their marriage due to irretrievable breakdown. This is the only “fact” that requires the other party to admit to the act or is for the petitioning party to prove (in the event it is denied) within divorce. If the co-respondent is named in the petition, they too must be served with the divorce papers and they too will be required to admit to adultery. It is advisable not to name co-respondents.