Divorce – Where do I stand?

No two cases are ever the same and a 50/50 split is not always appropriate. It is important to see what is financially at stake, to check that all of the assets and income have been disclosed and that valuations are accurate. When considering the financial issues, the court is guided by a number of factors to include:

• Welfare of any minor children
• Income, earning capacity, assets and financial resources
• Financial needs, obligations and responsibilities
• Standard of living
• Age of each party and length of the marriage
• Health of each party
• Contributions (financial and non-financial)
• Conduct
• Loss of certain rights and in particular pension rights

It is important that specialist legal advice is obtained to consider these points so that the financial outcome is both fair and reasonable.  Where court proceedings are necessary, then the case should be robustly dealt with to achieve the best possible outcome.

Tom Fisher, a solicitor specialising in Family Law at Jackson Lees. (Image: Jackson Lees)

We are not married – does that make a difference?

Yes, the fact that you are not married can make a significant difference.  There is no such thing as a “common law” husband or wife.  The legal rights and remedies might be limited to the family home and how this is owned.  Where there are children however, it might be possible to make an additional claim for financial provision.  Child Maintenance will be for consideration.

Do I need a specialist family lawyer?

It is often prudent to seek some form of legal advice.  Family proceedings can be difficult, stressful and emotional and it can be very difficult to represent yourself.  Costs are a natural concern and it is very important to keep the costs in proportion with what is at stake.  However, there is no point saving some legal costs to the extent that you concede or overlook certain points in the case which cause you to lose more.  It is important that you find a solicitor that you find comfortable to work with and who is always contactable and most importantly is a specialist in family law.  Your case could take a number of months to resolve and you should be able to work together as a team.  This can help keep the costs in check because your solicitor should explain the costs to you moving forward and what work you can actually do yourself to help save them.

What shall I do in preparation for my meeting with my family law solicitor?

Good preparation will help you and your divorce solicitor.  Some useful points to consider are:-

• Prepare a short chronology of your relationship noting any relevant dates and events.
• Prepare a summary of assets, liabilities and income of the family finances as best you can.
• Prepare a list of any questions or points you wish to raise or which are a concern for you.

This will allow your family law solicitor to get to grips with any relevant issues straight away.  It will also save time and allow you to get the most out of your first meeting.  At the end of the meeting, you can consider your list of questions and raise any points which may have not been dealt with.  You can also ask your solicitor to summarise in writing the points of advice and the next steps to take. 

Are there any tips when dealing with my partner during separation?

It is important to retain some level of communication with your partner.  Cases that often proceed to expensive final hearings are usually those where there is little or no communication between the parties.  It is important to focus on the relevant issues and work as a team with your family lawyer.  Communication can be the key to unlocking the problem and finding a solution.

If you would like to talk to one of our specialist family law advisers, please call us free on 0808 302 4835 (also free to call from mobiles) or email family@jacksonlees.co.uk or visit our website www.jacksonlees.co.uk