Divorce & financial issues

Our specialist Solicitors offer both a constructive and professional approach to your divorce and will help you to progress matters as quickly as possible. Divorce can be a straight forward if both parties agree that the marriage has ended however, difficulties can arise in solving how to separate, residence and arrangements concerning children and finances.

How can a divorce be started?

Your marriage must have irretrievably broken down and concern one of the following five facts, if the facts do not apply – the petition will not be accepted by the courts.

1. Your spouse has committed adultery and you find it impossible to live with them.

2. Your spouse’s behaviour has been so unreasonable that you can no longer live with them

3. Your spouse has deserted you for a continuous period of two years or more, against your wishes

4. You and your spouse have been living apart for over two years and both consent to a divorce

5. You and your spouse have been living apart for over five years, consent is not needed

What happens next?

Both parties are to agree to the contents of the Divorce Petition which contains basic information about you and your spouse, addresses, the ages and names of any children and a statement of how your marriage has broken down and which fact applies. It also includes a request for financial provision and a claim regarding the legal costs of your divorce.

If there are children involved a Statement of Arrangements will also be filed with your Divorce Petition at court, this statement outlines the basic arrangements for the residence of your children and is usually completed by the person filing the petition.

The whole divorce process can take up to six months however, the final Decree Absolute should not be obtained until your finances are resolved.

How will your assets be divided?

Our specialist solicitors can help during this most difficult task of dividing up the assets of your relationship, we can help to negotiate an appropriate settlement and advise you to how the courts will decide what each party should have. Assets are not always divided equally, and the courts are very sympathetic to the welfare of any children under the age of 18 years. Other factors the court takes into account are:

1. The income of each party, the property they each own and any other finances they have

2. Each parties financial requirements and liabilities

3. Standard of living during the marriage

4. Any disabilities each party suffers from

5. Contributions made by each of the parties to the marriage both financially and otherwise

6. The behaviour of each party

The courts aim is to achieve a fair division of all the assets and to do this during your divorce both parties need to provide full financial disclosure of their circumstances. Given that the process can be quite costly our aim here is to try and achieve an agreement without court proceedings, but each case is different and every individual circumstance will need to be considered.

Maddison and Morgan