What is a divorce?
I have been married for 6 months, can I get a divorce?
Can I start the divorce?
If my spouse does not want a divorce but I do, can I still petition for divorce?
What is the divorce process?
How long does it take to get a divorce?
How much does it cost?
Am I eligible for legal aid?
Do I need to obtain a financial order as part of my divorce?
What am I potentially entitled to as part of a financial order?
My circumstances have changed, and I need an increase in maintenance from my ex-spouse. Is this possible?
How do I enforce a financial order?
I can’t get legal aid and my spouse will not give me any money for a divorce. How can I finance my divorce?
What is a MIAM?
Why mediate?
What is collaborative law?
What happens if my spouse refuses to agree to a split of the finances?
What is a deed of separation?
My spouse owns our home in his sole name and I am worried that he may attempt to
sell/remortgage it without my knowledge. Can I do anything to protect myself?
How long will it take to obtain the decree absolute in my divorce?
Will I need to attend Court to obtain a divorce?
Will I need to attend Court to obtain a financial Order?
What factors will the Court take into account when deciding the split of the matrimonial finances?
What types of order are available on divorce?
My husband and I got married abroad. Can we get a divorce in England?
Who will pay my legal fees if my case goes to trial?
My spouse is divorcing me. What can I do?
My relationship is breaking down and I need someone to talk to.
What is a separation agreement?
Do I have to go to court to obtain a divorce?
How do I select a lawyer?

 

 

 

 

What is a divorce?

A divorce is the legal dissolution of a marriage. It does not include an order for the split of the matrimonial finances, nor does it include arrangements for the children. The divorce suit merely cancels the marriage.

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I have been married for 6 months, can I get a divorce?

Unless the marriage is void or voidable, it is not possible to obtain a divorce if you have been married for less than a year.

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Can I start the divorce?

The divorce starts when a divorce petition is issued. The spouse who issues the petition is known as the petitioner. The spouse who receives the petition is known as the respondent. To petition for divorce, you will need to show that the marriage has irretrievably broken down. There are several ‘facts’ a petitioner can use to demonstrate this. These can effectively be split into ‘non-adversarial’ and ‘adversarial’ facts.

To petition on a non-adversarial basis a spouse must show that they have been separated from their partner for at least two years immediately before the petition is presented to the Court. This ground requires the consent of the other spouse. If, however, the respondent refuses to give consent, the petitioner is left with the choice of either proceeding with the divorce on an adversarial basis or waiting for a 5 year period. The second non-adversarial fact that can demonstrate that the marriage has broken down irretrievably is that the petitioner has been separated from their partner for at least 5 years immediately before the petition is presented. This does not require the spouse’s consent.

To petition on an adversarial basis, the petitioner must provide evidence either that their spouse has committed adultery and that the petitioner finds it intolerable to continue living with them or that the marriage has irretrievably broken down due to the unreasonable behaviour of the respondent.

To petition on adultery, either the petitioner must provide evidence that their spouse has committed adultery or their spouse has to admit it. A petitioner cannot rely on their own adultery.

To petition on the ground of unreasonable behaviour, the petitioner must show that the marriage has irretrievably broken down due to the actions of the respondent. Unreasonable behaviour is widely defined and can include a breakdown of communications, lack of marital relations, no longer living together and causing illness and general upset. As a general rule, the petitioner must provide between 1 and 6 examples of the respondent’s unreasonable behaviour. These would generally include the first, worst and last examples, although each case turns on its own particular facts.


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How long does it take to get a divorce?

Without obtaining an order for the matrimonial finances, it usually takes between 6 and 9 months to obtain a divorce. The speed with which you arrive at the decree absolute depends on the workload of the Court as well as the time it takes for the spouses to deal with potentially difficult issues.

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If my spouse does not want a divorce but I do, can I still petition for divorce?

Protocol in divorce cases suggests that the petition be agreed before it is lodged with the Court. Usually, we would advise sending a draft petition to your spouse or their solicitor before instigating divorce proceedings. This complies with the Family Proceedings Rules. If no response is received within 14 days, you can commence divorce proceedings, irrespective of agreement being reached.

The reasoning behind attempting to agree the divorce petition beforehand is to reduce the chance of surprises and of the divorce being defended.

It is possible to petition for divorce without first warning your spouse. However, there are potential cost consequences in taking such unilateral action, and the reasons for failing to adhere to the Family Proceedings Rules should be discussed with your lawyer first.

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What is the divorce process?

The process from beginning to end follows a strict sequence of events. The petition is lodged with the Court, which forwards it to the respondent. As well as the petition, the respondent receives a divorce pack including an acknowledgment of service form, which is completed with the aid of a lawyer and then returned to Court. On receipt, the same form is sent to the petitioner, who drafts and swears an affidavit confirming that the contents of the petition are true and files the affidavit with the Court, together with a request for the decree nisi to be pronounced.

6 weeks after the pronouncement of the decree nisi, the petitioner can apply for the decree absolute and finalise the divorce. The respondent cannot apply for the decree absolute until 4 ½ months have passed from the date of the decree nisi, and then only with the Court’s permission.

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How much does it cost?

Each divorce is different. At Davies Solicitors, we do not operate on a one size fits all basis. As a consequence, each client’s fee will depend on the unique circumstances of their case.

To help our clients, we operate fixed fee representation, hourly rate representation and monthly payments.


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Am I eligible for legal aid?

Please click the link to go through to the Community Legal Services calculator.

Unfortunately we are a not a “legal aid” practice and will be unable to assist you should you need public funding.


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How much child support do I need to pay?

Please click the link to go through to the Child Support Agency child maintenance calculator.

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Do I need to obtain a financial order as part of my divorce?

Whilst it is not necessary to deal with the matrimonial finances in order to obtain a divorce, we strongly advise that you do so. If a couple fail to obtain an order in respect of the matrimonial finances, either party could have a future claim against the other for the rest of his/her respective life. Indeed, on the first death, the surviving party could make a claim against the estate of the deceased. If you remarry, you may lose your chance to claim against your ex-spouse.

Furthermore, it is far easier to deal with the finances at the time of the divorce rather than trying to piece together what the financial position may have been should either spouse go on to seek a financial order at a later stage. Indeed, the Court will take the starting point for any financial order as the state of the finances at the time the Court is called upon to make the order. This means that if you were to seek a financial order some ten years after obtaining the decree absolute, the Court will take into account all the earnings and financial developments that have occurred during that extra 10 year period when making the order. This means that if, for example, you won the lottery in the intervening years, your ex-spouse might be able to claim a proportion of your winnings, despite the fact that they were no longer married to you at the time.

Usually, therefore, a divorce also includes the division of the matrimonial assets to provide a financial ‘package’ for each spouse.

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What am I potentially entitled to as part of a financial order?

The division of the matrimonial assets is governed by Section 25 of the Matrimonial Causes Act 1973. When considering how matrimonial assets should be divided, it is necessary to take account of all the facts of the particular circumstances.

Matters that the Court may have regard to in approving the consent order include the following:

1. The income, earning capacity, property and financial resources of the parties, both at the time of the order and in the foreseeable future, and any earning capacity that the Court feels it would be reasonable to acquire;
2. The financial needs, obligations and responsibilities of the parties;
3. The standard of living enjoyed by the family;
4. The duration of the marriage and age of the parties;
5. Any physical or mental disabilities;
6. The contribution made by both parties during the marriage including looking after the home, caring for children and paid employment;
7. The conduct of each of the parties, if that conduct is such that, in the opinion of the Court, it would be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of dissolution of annulment of the marriage, that party will miss the chance of acquiring (such as a share of pension rights).

The circumstances of a particular case will determine which of the above factors will take priority. The Court is under a duty to consider whether it is appropriate to exercise its power such that a clean break can be achieved as soon as is just and reasonable. This also requires the Court to consider whether it is appropriate to order periodical payments only for a specified period, to enable the recipient to adjust to the breakdown of the marriage without undue hardship.

Everything that each of the parties owns or is entitled to individually or jointly, whether acquired before the marriage or during it, forms part of the matrimonial pot. The fact that an asset is in a party’s sole name will not prevent it from potentially forming part of the financial settlement.

It is not possible at the beginning of a case to provide any detailed advice with regard to the division of the matrimonial assets between spouses. Only once full disclosure has been received will this be possible. With the emphasis being on the children, the outlook can be quite bleak for non-resident parents.

Each spouse is asked to complete a financial statement (form E). This is exceptionally lengthy and detailed and forms the basis of the disclosure between the spouses. The form serves as a good prompt of all the areas that the Court will need to consider if the matter cannot be agreed. Indeed, the completion of this form is obligatory if the matter is to be placed before the Court. The form provides a comprehensive account of each spouse’s income and outgoings and is therefore the basis of any sensible agreement. It also provides an opportunity for either spouse to challenge the other’s needs and outgoings.

The guiding principle set out in the 2000 case of White v White is that matrimonial assets should be equally divided on divorce. Like any presumption, however, the principle of the equal division of assets is capable of rebuttal and we will be able to discuss this with you. However, it is important to note that when considering offers made by spouses in settlement of the matrimonial finances on divorce, the Court will make its decision on the basis of ‘needs’ not ‘wishes’. The Court aims to preserve the lifestyle of each spouse as far as possible, but this is rarely achievable. It is an unfortunate fact of divorce that the assets that previously supported one household must now support two households, and this tends to involve a drop in the living standards of both spouses.

There is also the issue of general maintenance, which may be payable by one spouse to the other.

Provided there are sufficient assets for each spouse to support themselves independently, the Court is obliged to consider a clean break and will encourage couples to agree to this whenever possible. A clean break order puts into legally binding effect the terms of the financial agreement between the parties and usually involves the payment of a lump sum by one party to the other. If one party is willing to agree to a financial arrangement but the other is not, this can affect the settlement that the unwilling party will be awarded. The Court places great emphasis on settlement in the legal process generally, and particularly in divorce. As a general rule, therefore, a spouse who unreasonably refuses a settlement offer and is subsequently awarded a lesser financial ‘package’ in a final hearing may be required to contribute to the other party’s costs. There are specific rules governing the payment of these costs; a successful party at Court may typically expect to be reimbursed between 60% and 80% of their costs, but not the full 100%. In the event that an agreement can be reached, however, spouses may be able to agree costs. In most cases, each party will agree to bear their own costs in a negotiated settlement.

A financial order related to divorce usually takes effect from the date of the decree absolute and not before, although arrangements may be made for the interim period in exceptional circumstances.

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My circumstances have changed, and I need an increase in maintenance from my ex-spouse. Is this possible?

Section 31 of the Matrimonial Causes Act 1973 provides that an order for periodical payments may be varied.

The factors that the Court will take into account when considering whether to vary an order are set down in section 31 (7) of the Matrimonial Causes Act 1973. In exercising the powers conferred by this section, the Court shall have regard to all the circumstances of the case, with first consideration being given to the welfare of any child of the family. The Court will also have regard to all the factors which it was required to consider when making the order, such as the financial needs and obligations of the parties and the income, outgoings and any financial liabilities the parties may have in the foreseeable future.

The application must follow the prescribed format of form D11 and be accompanied by a statement of evidence in support of your application, as well as by a draft of the order you wish the Court to make.

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How do I enforce a financial order?

Provided the financial order states that the parties have liberty to apply with regard to the implementation and timing of the terms of the consent order, you can apply to bring the matter back to Court.

A judge will consider the application and supporting evidence given in the prescribed format of form D11. The judge will then decide whether, from the evidence presented with your application, a hearing is required. The vast majority of applications will require a hearing. The application in the form and the supporting evidence will then be served upon the ex-spouse and a date for a hearing, if one is required, will be set down by the Court.



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I can’t get legal aid and my spouse will not give me any money for a divorce. How can I finance my divorce?

There is the possibility of making an application for maintenance pending suit. If this is successful, your spouse will be ordered to pay a set amount to you each month for such a term as the Court thinks reasonable. In order to apply for maintenance pending suit, a specific need in the form of a budget will need to be demonstrated.

The budget and other such documentary evidence is submitted to the Court. The judge will not only have regard to this evidence but also to whether it would be fair and reasonable to make the order. If the judge decides in your favour, they will set the period for which you are to receive maintenance and the sum that you are to receive.

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What is a MIAM?

Since April 2011, couples wishing to divorce cannot simply issue Court proceedings. They must first attend a mediation information and assessment meeting (MIAM). Their case is then assessed for its suitability for mediation. Only if their case is found to be unsuitable for mediation will they be able to issue Court proceedings.

During the MIAM, you will discuss with the mediator whether your case is suitable for mediation. Your case will not be suitable if your spouse is refusing to attend.

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Why mediate?

Mediation is a voluntary process in which both the parties enlist the help of a mediator to assist them to resolve areas of dispute between them. The mediator, usually a lawyer, is neutral and merely facilitates the agreement. The mediator does not decide whether anyone is right or wrong and will not put forward ideas.

During family mediations, the parties’ lawyers are not present. Several mediation sessions of about 1 hour in length usually take place over a month or two. Once agreement has been reached, this is documented and given to the parties’ lawyers to advise on.

Mediation can result in amicable agreements being reached at lower cost than would otherwise have been the case. It is not suitable, however, in circumstances where there is abuse or a very dominant partner. In view of the fact that lawyers are not present and the mediator is unable to make suggestions or say what a Court would award if asked, there is the possibility that an unfair or inappropriate agreement could be reached. Whilst lawyers are involved at the end of the process to give advice on the terms of the agreement, it is difficult to unpick an agreement to make it fair after it has been reached, because one party inevitably feels highly aggrieved. Consequently, we suggest that advice is taken from a lawyer before you enter into the mediation process, and between mediation sessions.

Mediation can be undertaken for any dispute. Usually it is useful in the areas of resolving financial disputes and disputes involving children.

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What is collaborative law?

Collaborative law is a voluntary dispute resolution process originally developed by family law practitioners in the USA who had become disenchanted with the traditional style of litigation. Often, Court battles became so bitter and destructive that wounds between the parties never healed. Whilst we have developed a more conciliatory approach to the divorce process in England and Wales, it is acknowledged that whenever a family dispute ends up in Court, everyone involved is likely to suffer, including the children.

In an effort to alleviate the emotional scars and financial hardships of divorcing couples insofar as possible, the collaborative process was born. Alternative Dispute Resolution Group believes the same principles that have preserved the integrity and dignity of families can also bring relief to individuals and/or entities having legal disputes in other areas of the law, particularly in the civil and commercial sectors.

The purpose of collaboration is not to take advantage of the other party but to resolve a dispute in a manner that is beneficial to all concerned. It is not about scoring points but about resolving matters fairly and amicably.

In this collaborative process, the family lawyers and their clients enter into a written agreement to reach settlement without Court involvement, and to treat each other with respect throughout the process. They agree to work together to resolve issues relating to children and financial issues arising out of the separation. In addition, they may enlist other experts, such as child specialists, as part of the team. Utilising their skills in client representation, negotiation and problem-solving, collaborative family lawyers help their clients shape a fair agreement.

Relationship breakdown will inevitably involve financial and emotional costs. The benefits of collaborative family law help to minimise those costs for all concerned.

The collaboration process is as follows:

• You and your partner agree with your lawyers to resolve issues without going to Court;
• Settlement is reached in ‘4-way’ face-to-face meetings (2 of you and 2 lawyers). Breaks are taken in the meetings as required by either party;
• All information and disclosure is provided in the collaborative process; and
• You remain in control of the process but with your lawyers present throughout to provide legal advice and guidance.

If no settlement can be reached, new lawyers will have to be instructed for Court proceedings.

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What happens if my spouse refuses to agree to a split of the finances?

Unfortunately, it is not always possible to agree on the division of the finances. This happens in approximately 15% of our cases. In these cases, an application is made to the Court, which sets down a timetable leading up to a first hearing (the first appointment). These directions include the exchanging of financial disclosure by way of a financial statement (form E) and setting out the issues in dispute.

At the first appointment, the judge determines what else needs to be done before the case proceeds to trial. They may give a preliminary indication on the merits of a spouse’s adopted stance and may also seek to mediate the impasse or ask the parties to retire to an adjacent room to negotiate.

Usually, at least one further hearing will be necessary before the trial (the final hearing) can take place.

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What is a deed of separation?

Some couples prefer not to obtain a divorce immediately after the break-up of their marriage and prefer instead to merely separate. Separation is a purely voluntary arrangement, not a formal legal process. Legally, you remain married and you cannot have a Court order to determine your finances during this period unless the order also deals with arrangements for children.

If a couple is merely wishing to separate and not divorce, or waiting for a period before obtaining a divorce so as not to have to cite one of the adversarial grounds for divorce, we advise entering into a deed of separation. This establishes the ‘point of separation’ for any future divorce petition based on separation, and any financial arrangements contained in the deed of separation take effect from the date the deed is signed. A date of separation itself can also be ‘backdated’ to a point agreed between the spouses provided it can be proven if challenged by the Court.

Whilst a deed of separation is not legally binding unless all the criteria set out in the 2010 case of Radmacher v Granatino have been adhered to, in the event that you do later divorce, it will usually be regarded as persuasive – that is, something the Court may take into account if it is called upon to decide the divorce settlement. A deed of separation also sets out who owned what property at the time of separation, so in the event, for example, that you do decide to divorce and your spouse appears to have disposed of property referred to in the deed of separation, it may persuade a Court to order your spouse to account for the property. You should also note that the Court can disregard the deed of separation completely. The deed may also form the basis of a financial order if you and your spouse agree a financial settlement upon divorce.

You cannot force a deed of separation upon your spouse. If you want to force a split of the marital> assets, you will need to petition for divorce. In the event that you cannot come to a financial arrangement with your spouse, you will have to rely on the judgment of the Court, with no guarantee that it will find in your favour.

A divorce will ultimately provide you with more protection than is afforded by separation alone and is the only way to force a disclosure and division of the marital assets.



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My spouse owns our home in his sole name and I am worried that he may attempt to
sell/remortgage it without my knowledge. Can I do anything to protect myself?

Yes. The Family Law Act 1996 gives you a means of protecting your rights of occupation in respect of your matrimonial home. If your home is, was or was intended to be the matrimonial home and your spouse is entitled to reside their as the sole owner, your rights take effect as a charge on your spouse’s interest in the home. This can be done by registering a restriction against the property at the land registry. This is known as a matrimonial home rights notice. This notice ensures that a potential mortgagee or purchaser cannot force you out of your home. The way in which you protect your interest will differ depending on how your spouse owns your home and whether it is registered. You must find this out before registering a notice. If the notice is improperly registered, it will not protect you.

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How long will it take to obtain the decree absolute in my divorce?

The decree absolute is the final decree and legally terminates your marriage. The length of time it takes to obtain a decree absolute varies in each case. In a straightforward divorce with no issues regarding children or finances, it can take as little as 6 months. If there is any dispute regarding children or finances, it is more likely to take 18 months.

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Will I need to attend Court to obtain a divorce?

Ordinarily, you will not. The divorce process is usually a paper based exercise. You may, however, be required to attend Court if your spouse wishes to defend the divorce, or if you are seeking the costs of the divorce from your spouse and they oppose this.

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Will I need to attend Court to obtain a financial order?

Not necessarily. If it is possible for you and your spouse to agree the split of the matrimonial finances through methods such as negotiation or mediation, you can embody this agreement in a consent order. So long as the judge approves the consent order (which they are likely to do if both parties have had independent legal advice and are aware of the consequences of making the order) there is no need to attend Court.

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What factors will the Court take into account when deciding the split of the matrimonial finances?

The judge will look at the welfare of any minor child of the family and all the circumstances of your case, specifically the factors set out in section 25 of the Matrimonial Causes Act 1973. These are:

1. The financial resources, income and earning capacity of each party;
2. The financial needs, obligations and responsibilities;
3. The contributions of both parties;
4. The age of both parties and the duration of the marriage;
5. The standard of living;
6. Any physical or mental disability;
7. Conduct; and
8. The value of benefit that each party will lose due to divorce.

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What types of order are available on divorce?

The types of order available are set out in the Matrimonial Causes Act 1973 sections 23 – 25 and include:

1. Property orders (transfer of matrimonial home from one spouse to another, sale of matrimonial home etc.);
2. Lump sum payment orders;
3. Periodical payments; and
4. Pension sharing and attachment orders.

It is also possible for a Court to make child maintenance orders, although this is now largely dealt with by the Child Support Agency. A Court will usually only make such an order if it is agreed by the parties.

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My husband and I got married abroad. Can we get a divorce in England?

It does not matter where you got married or what nationality you and your husband are. You will be able to get a divorce in England if you habitually reside in England or Wales. This means that you are settled living in England or Wales.

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Who will pay my legal fees if my case goes to trial?

If you are not eligible for legal aid, you will pay your own fees if your case goes to trial. It may be possible to apply to the Court for maintenance pending suit, whereby the other party pays a contribution towards your costs. You would need to show the Court that you had a need for the maintenance by means of a budget and other documentary evidence. The judge then makes a decision, based on all the evidence, as to whether or not it is fair and reasonable to grant maintenance. You may also be able to seek to recover some of your costs from the other party at the conclusion of your final hearing. However, it is not guaranteed that you will be awarded any of your costs; and if you are, it is very unlikely you will be awarded your full costs.

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My spouse is divorcing me. What can I do?

Your spouse does not need your consent to obtain a divorce. According to pre-action protocols surrounding divorce, your spouse should attempt to agree the contents of the petition with you before it is filed at Court. If you cannot agree or do not wish to divorce your spouse, you can defend the divorce or cross petition. Defending a divorce is very rare nowadays. If you are in agreement that the marriage is over, there is little point in defending the divorce as it is both time consuming and costly and success will only produce a result which you do not want – i.e. you will still be married. Cross petitioning also complicates matters. It is often more effective to agree to the divorce but dispute the truth of the grounds stated in the petition. The petition is a private document. Only you, your spouse, your solicitors and the judge need ever see it.

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My relationship is breaking down and I need someone to talk to.

When a relationship breaks down, it can be a very difficult time both for you and your family. Davies Solicitors are here to help you through this difficult time. We work with a network of professionals who can provide you with every type of advice and support you need. This includes family and relationship counsellors. Please get in touch.

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What is a separation agreement?

A separation agreement is a contract between your former spouse/partner and you. It records that you are living apart and can include terms about children, property, money and maintenance. There are very few limits to what the parties to the agreement can include if they are agreed upon the terms. The agreement should be comprehensive and realistic. For this reason, both parties must receive independent legal advice upon the terms of the agreement, so that all aspects of what you wish to include can be considered. There also needs to be a full and frank disclosure by both parties of all assets and liabilities. The agreement is not final. It does not exclude the Court’s jurisdiction, so either party may apply to the Court for a financial order at any time. It is also a contract and so enforcement procedures are governed by contract and not family law. Separation agreements can, therefore, be expensive and difficult to enforce.

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Do I have to go to court to obtain a divorce?

To obtain the divorce itself, it is highly unlikely that you will need to go to court provided that the divorce is not defended and you each have legal representation.

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How do I select a lawyer?

OK, so you’ve identified a handful of solicitors who may be able to help you with your case. You’ve looked online and even searched the Yellow Pages. How do you know which lawyer would be best suited for your matter? Although price is certainly a consideration, it is rarely wise to choose a lawyer based solely on the rate(s) offered. Here are several questions to consider in selecting a solicitor.

Experience

Has the lawyer handled similar cases? When was the last time the lawyer handled a similar case?

Ask to hear about cases like yours that the lawyer may have handled. Remember: age may have nothing to do with the lawyer’s ability to help you. A lawyer who has practiced for 20 years may have less experience with your type of problem than a lawyer who is three years out of law school.

Has the lawyer been investigated or disciplined? If so, for what?

What types of resolutions has the lawyer had in similar cases? How did those resolutions come about? Settlement? Negotiation? Mediation? Arbitration? Trial?

Availability

Who will work on your case? Will the lawyer do all of the work or will legal assistants, paralegals, or other associates do the work?

Does the lawyer have a large caseload or upcoming Trials that could affect his availability or attention to your case?

Communications

Can the lawyer explain the legal aspects of your case – and the process you should expect – in a way that makes sense to you? If the lawyer cannot explain things to you properly in an initial meeting, there is no reason to believe that he or she will be able to make a convincing presentation on your behalf.

Do you feel that the lawyer listened to you and was interested in your matter?

Did the lawyer (or someone from the lawyer’s office) respond promptly to your initial contact?

Has the lawyer told you both the strengths and the weaknesses of your case?

Can the lawyer give you an estimate on overall costs and time? Are there any alternative courses of action? If so, what are the advantages and disadvantages of each one?

How often will you need to meet with the lawyer? How often will the lawyer call or write to give you updates on the case? Will the lawyer provide you with copies of relevant documents?

Comfort Level and Other Intangibles

A lawyer-client relationship requires trust and confidence. Has the lawyer been able to inspire your trust and confidence?

Do you feel comfortable in revealing to the lawyer all of the relevant information – not simply the "good" facts?

Is the lawyer assertive enough – or conciliatory enough – to make you feel comfortable with his or her approach to your matter?

Has the lawyer explained the nature of the lawyer-client relationship? As the client, you have the right to make the final decisions in your case on most issues. The lawyer should provide you with options, guidance, and recommendations, but also respect your wishes as to how to proceed.

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Davies is the trading name of Davies Solicitors Limited (registration number 5699025). The registered office address is 30 Woollards Lane, Great Shelford, Cambridge CB22 5LZ,
and Richard Davies is the Director. We are regulated by the Solicitors Regulations Authority (reference number 439685).
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