divorce process - Page 6

Wanting to Separate? Starting the Divorce Conversation
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Wanting to Separate? Starting the Divorce Conversation

Published on
Jo Harrison
Jo Harrison
Divorce Consultant and Relationship Therapist
Family Law in Partnership

Every relationship is different and any conversation about separation is highly personal, but there are themes to consider if you are building up to discussing separation with your partner.

Safety First

When it comes to ending a relationship, safety may be the most significant consideration.  In some situations, the moment you tell your partner that you want to separate is when you are most likely to be at risk of violence. If you have any safety concerns, I suggest that you seek legal advice before speaking to your partner (making sure that the act of booking a consultation doesn’t put you at risk). In such a consultation you are likely to think about a practical plan to ensure that you and any children are in a safe place with access to support.

Planning the conversation

It is never going to be an easy conversation, particularly if your partner is not expecting it. Some couples find that going to relationship therapy and looking at the problems in their relationship can help them to transition into the separation more smoothly. Having this kind of support for your relationship can help you to create space to listen to how each other is feeling and can support mourning where necessary. If joint work doesn’t feel possible then it can be helpful to seek your own individual therapy to work out what you feel about the relationship and how to communicate this sensitively.

Timing

With or without couples therapy, I recommend that you think carefully about the timing of the conversation. You may feel there is never going to be a good time, but you can create a space for the conversation to happen by considering the following steps:

  • schedule a proper time, giving your partner notice that you want to talk to them – rather than springing it on them spontaneously;
  • make it a supportive time when you are able to talk and process what is being said – not just before bed or just before one of you has to go off to work;
  • if you have children and it is possible, arrange for them to be looked after by someone else so that you can focus on each other;
  • have a plan for afterwards.

Tone

I also recommend that you think about the tone of the conversation and how to make it constructive. If you list all the problems you’ve had with your partner, it is likely to make them defensive and this might get in the way of them being able to take on board what you are saying. This is where it can be helpful to describe the issues in the marriage between you from your own experience, using phrases such as ‘I feel’, rather than making it a blaming conversation.  This can be difficult if you have a lot of angry and disappointed feelings towards your partner that you feel you need to express, but in the initial conversation remember that, particularly if the news is coming as a shock to your partner, there is only going to be so much information that they can take on board.

This also links to another consideration – if you have had some time to emotionally prepare for the ending of the relationship you may feel that you want to start talking immediately about the practicalities of separating. Your partner, however, may be processing the emotional side of things and have absolutely no bandwidth for thinking about the practicalities.

For both the person initiating the divorce and the person receiving this information, it can be really helpful to prepare for how this part of the conversation is going to go. You should be prepared to allow each other time and space to process what’s happening.

Transition

Ultimately it is not just about one conversation. The moment you tell your partner that you want a divorce may be the first time it is verbalised, but it may reflect many years of thinking about it. There will be a process, both legal and psychological, that will follow in which it will be important that you both have a support network within which to think about the implications of your separation.

I often work with people who are contemplating or thinking about divorce to give them space to prepare for this big transition in their life and to support them in thinking about how to handle it best in the relationship.

Expert View

Jo Harrison, a Divorce Consultant and Relationship Therapist, says: “Each divorce is different and has its own set of challenges. There are difficult choices to be made and difficult feelings to cope with – whether those feelings are your own or those of your ex-partner. Being able to talk about and process the changes that divorce entails can be really helpful.

Parents can use counselling to think about what is going on for the whole family and how to minimise the impact on any children. Some people come in for a one-off session and others may come more regularly – it really depends on the situation and we can think together about what might be best.” 

About Jo Harrison

Jo is a Divorce Consultant and Relationship Therapist with Family Law in Partnership. She is very experienced in working with individuals and couples who are separating.  A former family lawyer, Jo has a depth of experience and understands the legal process, which many if her clients find helpful.

If you would like to enquire about support individually in relation to preparing for a divorce or separation, please contact the FLiP relationship support team at E: therapists@flip.co.uk 

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Why Pre-Nups Protect Assets and Peace of Mind

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Pre-nups are in headlines as Jennifer Lopez and Ben Affleck face a messy and complicated divorce amid reports that they tied the knot without one in 2022.

While the assets of the high-profile stars, who are jointly worth $550 million, are a far cry from those of most divorcing couples, pre-nups – which set out how finances will be resolved – continue to be on the rise.

This is because more couples embarking on marriage want to protect themselves and their assets, avoiding the potential distress, acrimony, and expense of disentangling their finances if they break up.

The growing popularity of pre-nups reflects how more couples want to protect their own futures and do ‘the right thing’ by each other – and by any children, whose interests should always come first.

Pre-nups can work particularly well for couples marrying for a second time who often want to make sure they can retain their own wealth in the event of a separation and protect the interests of children from previous relationships.

The agreements can also give reassurance in cases where a wealthier spouse agrees to provide for the other spouse if they separate.

How do you go about getting a pre-nup?

  • To enter into a pre-nuptial agreement properly, the couple each need to obtain independent legal advice on the agreement
  • Both must also have disclosed their assets to each other and the terms of the agreement must produce a result that is fair and reasonable
  • The agreement should be negotiated and signed at least 28 days before the wedding. This allows both to obtain advice, have time to consider it, and make an informed decision on signing it

Do courts uphold pre-nups?

Increasingly courts are upholding pre-nups on divorce as long as they  are satisfied that the agreement was entered into freely, without undue pressure  and with the benefit of full financial information and independent legal advice.

As the law stands, a court  still needs to approve  the settlement at the point of divorce, ensuring the agreement meets the needs of both parties. If it does not, a different order can be made but this is very likely still to take the terms of the pre-nup into account to some extent.

Taking the time to draw up a pre-nup before marriage can avoid financial and emotional heartache in a marriage breakdown.

Highly experienced family lawyers like Jones Myers can advise on pre-nups, post-nups or any aspect of family law.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

A skilled mediator, child inclusive mediator and collaborative family lawyer Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Direct Dial: 01904 202553 or email  Nicki.mitchell@jonesmyers.co.uk  www.jonesmyers.co.uk

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Top Tips To Consider When Preparing For Divorce
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Top Tips To Consider When Preparing For Divorce

Published on
Emma Davies
Emma Davies
Partner
Nelsons Law

Going through a divorce is a stressful time that can cause conflict between both parties. Specialist family lawyer and qualified collaborative practitioner Emma Davies shares her top tips with us to ensure as smooth a transition as possible into the next chapter of your life.

Understand your financial situation

One of the important things you will need to consider is the distribution of financial assets. Estimating the value of the marital pot will help give you an idea of what you may be entitled to as the Court’s starting point is equal sharing of matrimonial assets.  Giving consideration to your housing needs and what you would need to purchase your own property taking account of your mortgage capacity is a helpful starting point as the Court has the discretion to depart from equality depending on the needs of the parties and their dependent children.  We’d always recommend keeping a budget of your income and expenses as this will help in determining whether you would be entitled to spousal maintenance and, if so, the appropriate amount.

Collate the paperwork

Gathering together all of the relevant financial documentation is at an early date will save a lot of time moving forward and vastly aid in your preparation. Some of the documents you need to ensure you have are:

  • All bank and building society account statements for the last 12 months;
  • Up to date credit card statements;
  • Redemption statements for loans;
  • Details and documentary evidence of investments;
  • Cash Equivalent Transfer Values for pensions
  • Mortgage redemption statements; and,
  • Property Title information.

You will also need your most recent P60 and payslips if you’re employed, or two years of accounts if you’re self-employed.

Look to the future

It can be very easy to get bogged down in the present and focus only on the current proceedings. However, it’s important to consider if it is possible to become financially independent from your spouse after your divorce and whether it is possible to undertake further training or a change of job to improve your position. While the Court can make an order providing you with spousal maintenance if you cannot meet your income needs,  it will work towards the financial independence of both parties and achieving a clean break focussing on what both parties earning capacity is.

Entitlement to child maintenance is,  in most cases, determined by the Child Maintenance Service.  The online child maintenance calculator on the gov.uk website serves as a useful starting point to ascertain the appropriate amount that should be paid by the non-resident parent.

Document your valuables

Keep a full record of possessions with photographs if possible – this includes the contents of your house, vehicles, jewellery etc.–  if anything goes missing, this provides proof of its existence. Try and agree an amicable division of these chattels as often, the legal cost in doing so are disproportionate to the value of those items.

Don’t act in haste

It can be tempting to make quick decisions such as moving out of the marital home., Take legal advice before making any decisions of this magnitude. Once such decisions are made, going back on that choice can often be far more difficult and could also have an adverse effect on your case.

Seek expert advice

The most important thing to do before starting a divorce is to seek legal advice. Having a solicitor put a strategy in place to help you navigate your way through proceedings will drastically ease stress during what we know can be an overwhelming and emotive time. Solicitors can give you a good indication of where you stand and how divorce will affect you financially. Every case is different, and it’s important you seek advice tailored to your specific circumstances.

About Emma Davies

Emma is a partner and head the family law team at Nelsons. She qualified as a Solicitor in 2008 and has been at Nelsons since 2009.
Emma advises on divorce and financial settlements which involve complex issues and substantial assets. She also advises on pre and post nuptial agreements and separation agreements along with private law Children Act disputes. Emma is a qualified collaborative practitioner.
Emma’s areas of expertise include divorce, civil partnership dissolution, financial provision, collaborative law, pre-nuptial agreements, post-nuptial agreements, separation agreements, parental responsibility, child arrangements, and prohibited steps orders and specific issue orders.

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Divorce – It’s a Balance Between the Emotional Stress, the Cost and the Return!
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Divorce – It’s a Balance Between the Emotional Stress, the Cost and the Return!

Published on
Peter Marples
Peter Marples
Editor at The Divorce Magazine
Director at Fair Result

Many of you know I was the founder of a progressive family law practice Fair Result with my business partner Christopher Sweetman.

The practice is not apologetic that we are a challenger brand but in the past 4 years we have become a major practice in England, with unique partnerships including the Professional Footballers Association and winning countless awards, both in the UK and Internationally.

Whist a number of our clients could be seen to be ‘wealthy’, by no means all of them – indeed 75% of them are not in this category.

We have a wide spread profile of clients, representing the whole of society and we will often take on a client who has no money to fight their divorce in terms of fees. This is exactly the reason we set up the practice.

As a non-lawyer, it never ceases to amaze me how ruthless lawyers are when it comes to their fees. I was brought up to focus on my clients and the returns would ultimately follow, not think of myself first and that customers are way down the line of those we should be focussed on.

In the past four years, I have witnessed opposing clients dropped by lawyers because they can’t see a future income stream, that client engagements are paused because lawyers don’t have visibility of their fees over the next few months and a total destain for client’s emotions and challenges.

Don’t get me wrong, we need to be paid for what we do. We aren’t a charity, but there does come a point at which clients should be respected for what they are ‘those that pay the wages and the overheads’.

We set up Fair-Result to do exactly that, client first! We do have challenges with clients paying but this is always at the end of a process, and we share the risk in that as the process progresses.

There is never a week goes by in our business where we receive a call from someone that we spoke to over 2 years ago. A call which starts in the normal way. ‘Hi, its… remember me’ followed by our response that is ‘Yes, how are things’. The same line always follows – the fact that frankly nothing has progressed in the previous two years, they have spent some money, but not a lot and are now in a place where they simply don’t know what to do, and their legal advisors are not offering much in the way of solutions.

Nothing surprises us anymore.

However, in the past three weeks alone, we have received at least five calls such as this, one with £m’s in the marital pot, another with a not inconsiderable number of rental properties and a third instance where the wife (our potential client) is starved of cash and assets, despite there being considerable funds to distribute, in the form of Public Sector pensions, a marital home and some limited investments.

During my own divorce, I used to call my former wife ‘penny wise and pound foolish’. She would argue about the pennies but forget about the substance of the whole pot we were arguing about and spend endless thousands with her lawyers arguing about where I had taken the latest EasyJet flight too.

So, what is the purpose of this article? Quite simply it is to present a position that when undergoing a divorce, you are balancing up three key things:

  • Your emotions
  • The cost
  • The reward or result in terms of financials and in many cases the impact on the children.

So, if you are arguing about £50,000 or £5m the principle is the same.

You have to invest to get the result you want, or you will one of those people calling us up after two years having got nowhere.

But I hear you say, I don’t have the cash? To fight them.

Well, that is where Fair Result comes in. The ONLY fixed fee financial divorce settlement business in the UK. And guess what, you pay nothing until the financial agreement has been signed by both parties, whether it takes us 2 months or 2 years to finalise.

We share the risk with you, our aim is to minimise the emotional stress but above all it is to get you exactly what you are entitled too.

So, stop plodding on for two years, when you know you won’t get anywhere, spending £500 here and there when that is all you can afford, getting more and more wound up about your spouse’s behaviour and spending habits.

Get it closed off, sorted out and you too can move on both emotionally and financially.

As we get older, we begin to realise that life is short, the years clock off quicker than you want them too. Why spend 2 years getting nowhere when you can contact the Fair Result team, and it will cost you nothing until your divorce is sorted – absolutely nothing.

Contact Peter at peter@fair-result.co.uk 24/7 and you will be guaranteed of a response within 30 minutes. A fixed fee, set from the outset and nothing to pay until your divorce is settled.

If you can get a better offer than this contact us and we will do your divorce for absolutely nothing, irrespective of its complexity – GUARANTEED!

Read more articles by Peter Marples.

About Peter Marples

Peter Marples – Director of Fair Result and qualified accountant, with the determination to change the way divorce is transacted. For further advice on financial settlements and navigating divorce, use the contact details below:

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form

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Divorce Trends 2024: What You Need to Know
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Divorce Trends 2024: What You Need to Know

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

As we move further into 2024, divorce continues to be a significant and evolving aspect of family law in the UK. Understanding current trends can help you navigate the complexities of divorce, whether you’re considering it yourself or simply want to stay informed. Here’s what you need to know about the latest divorce trends in 2024.

1. Divorce Applications: A Shift Towards Sole and Joint Applications

The landscape of divorce applications has seen a notable shift in 2024. In the first quarter of the year alone, there were 20,769 applications for sole divorce cases and 7,139 applications for joint divorce cases.

This indicates a growing preference for sole applications, where one spouse initiates the divorce proceedings alone. However, joint applications, where both parties agree to the divorce, remain a significant option for couples seeking a more amicable separation.

2. Divorce Timelines: Patience is a Virtue

For those entering the divorce process, it’s crucial to be prepared for the time it may take to reach a resolution. On average, the time to a conditional order in sole divorce cases is now around 36 weeks, with the full process from application to final order taking approximately 49 weeks. Joint divorce cases tend to be slightly quicker, with an average of 30 weeks to a conditional order and 43 weeks from application to final order. This longer timeline can be attributed to various factors, including the complexity of cases and the increased workload on family courts.

Given these extended timelines, we strongly recommend that separating couples arrange their finances, properties, children, and other key matters as early as possible. Proactively addressing these issues can help prevent further delays and ensure that the divorce process does not become even more protracted. By being prepared and organised, you can avoid exacerbating what is already a lengthy process and move towards resolution with greater efficiency.

3. Divorce Costs: The Impact of the Cost of Living Crisis

The ongoing cost of living crisis has had a profound impact on many aspects of life, including divorce. Rising living expenses have led some couples to postpone their divorce proceedings, opting to stay together for financial reasons. For others, the need to carefully manage costs has become a priority, influencing decisions about legal representation and the type of divorce application pursued.

4. Divorce Length: Marriages are Lasting Longer

Interestingly, the average duration of marriages leading to divorce has increased to 12 years in 2024. This suggests that couples are staying together longer before deciding to part ways. Various factors may contribute to this trend, including changing societal norms, economic pressures, and the availability of relationship counselling and support services.

5. Divorce Alternatives: Exploring Different Options

With the increasing length of marriages and the cost-related challenges of divorce, many couples are exploring alternative arrangements. Separation agreements, for instance, offer a quicker and potentially less contentious alternative to traditional divorce proceedings. These agreements allow couples to live separately while legally resolving issues like property division, child custody, and financial support without formally ending the marriage.

6. Divorce Options: Choosing the Right Path

Couples today have more choices than ever when it comes to how they handle their divorce. Whether through a joint application or a sole application, the decision ultimately depends on the specific circumstances and dynamics of the marriage. It’s important to consider the emotional, financial, and legal implications of each option.

Final Thoughts: Navigate Divorce with Confidence

Divorce is never an easy decision and understanding these 2024 trends can help you make informed choices. Whether you’re considering a sole or joint application, exploring alternatives like separation agreements, or simply trying to understand the timelines and costs involved, being well-informed is key to a smoother process.

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What is 'Resolution Together'?
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What is ‘Resolution Together’?

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Resolution Together is a new way for separating couples, and for parents who are in dispute about the care of their child, to obtain advice from a single legal professional.

This new way of working follows the implementation of the Divorce Dissolution and Separation Act which allowed couples, for the first time, to make joint applications to end a marriage collectively.  As a result, Resolution has developed a new approach to help separating couples. Resolution is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

The service is suitable for those whose joint aim is to reach an outcome that meets their needs and, if they are parents, the needs of their children. A key feature is that individuals must give their informed consent to disclosing all the relevant factual and financial information required in order to reach their decisions together, to one another and the legal professional who will be advising and guiding them towards their final outcome. The legal professional who works with the couple will not be acting for either party individually, and also the legal professional may not represent either or both in communications with the Court, other than where it has been agreed that the Legal Professional will file any draft Order with the Court on their behalf.

Some of the principles relating to Resolution Together are closely aligned to other dispute resolution approaches, such as Mediation. However, the difference is that Resolution Together provides an advice based service where both clients are able to receive advice, including legal advice on a jointly beneficial basis.

Generally, couples that choose Resolution Together will not be in a dispute, or have a “conflict”. Couples do not have to be in agreement about everything, but need to be willing to consider options and not have entrenched positions. A willingness to work hard towards finding an agreed outcome is key.

The ultimate aim is that the parties taking part in Resolution Together will reach a decision that will be recorded in a draft Order, and a legal professional will assist them to obtain an approved Order.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

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Navigating the Division of Your Property During a Divorce

Published on
Tom Floyd
Tom Floyd
Marketing Director
Webuyanyhouse.co.uk

Divorce is a challenging experience filled with complex emotions and big decisions. Among the many issues to address, you will need to decide the fate of the family home. The family home often holds substantial emotional value, making decisions about its future particularly difficult. By understanding your options and approaching the process with open communication, you can work towards a resolution that best suits both yourself and your ex’s needs. Our guide aims to offer an insight into what to expect from the process, helping you along this challenging journey.

Understanding Your Legal Position

One of the first steps to understand is the legal side of property ownership during a divorce. If you jointly own the property, you will share rights and responsibilities. This includes financial obligations such as mortgage payments and property taxes. However, it also grants you rights to potential profits if the property is sold.

To fully gauge your legal standing and the implications for the property, consulting with a divorce lawyer is strongly recommended. They can provide expert guidance on

  • How will your financial contributions to the property impact its division?
  • How do pre-nuptial agreements influence property ownership? (If relevant)
  • The potential legal consequences of the options available to you.

Understanding your legal rights and entitlements can help you make informed decisions about the future of your family home.

At this point, it’s a good idea to consider other joint financial commitments you may have:

Joint Financial Commitments

Dividing shared finances extends beyond the property. Joint bank accounts require immediate attention. Contact your bank to inform them of the separation and consider setting spending limits to prevent unauthorised withdrawals.

Mortgage and Loan Solutions

Handling a joint mortgage during a divorce requires careful consideration. Several options exist:

  • Refinancing: Both parties can apply for separate mortgages on their new residences.
  • Transferring ownership: One partner can assume sole ownership of the property and refinance the mortgage.
  • Selling the property: If neither partner wishes to retain ownership, selling the property and dividing the proceeds is an option.

We recommend consulting a financial or mortgage advisor to help you find the best option based on your financial circumstances.

Exploring Your Options

Once you’ve clarified your legal position and financial situation, it’s time to consider your options for the family home. The primary choices are to sell or retain the property.

Selling the Family Home

If both of you agree that selling the home is the best course of action, here are some things to consider:

  • Valuation: Accurately assessing the property’s market value will allow you to determine an accurate sale price.
  • Mortgage balance: Comparing the property’s value to the outstanding mortgage will help you understand if you can cover the payments after a sale.
  • Living arrangements: Consider the financial implications of finding new accommodation.
  • Market conditions: Understanding the current housing market can influence the timing of the sale and potential sale price.

Retaining the Property

If one of you wishes to remain in the family home, buying out the other’s share is an option. This involves:

  • Property valuation: Determining the property’s fair market value.
  • Financial arrangements: Agreeing on the purchase price and payment terms.
  • Mortgage refinancing: The remaining partner may need to refinance the mortgage.

It’s important to weigh the pros and cons of each option carefully. Factors such as emotional attachment, financial implications, and long-term plans should be considered. 

Navigating the Property Division Process

Going through a divorce is typically an extremely emotional time, which can be aggravated further if you decide to sell your home. To manage this process more effectively and reduce the emotional impact on yourself, it’s vital that you try to visualise the property as a financial asset rather than an emotional bond.

Here are some strategies to help you handle the situation:

  • Prioritise Practical Considerations: Before starting the process, establish clear agreements on details like the home’s market value and the acceptable sale price. By understanding this from the start, you will reduce running the risk of misunderstandings later on in the process.
  • View the sale as a Step Forward: Selling the property is an opportunity to move on to a new chapter in your life. Allowing the sale to flow can ensure a smoother and quicker transition.
  • Consider Mediation if Needed: Disagreements are common when dealing with a property during a divorce. If they do arise, mediation can be an effective way to resolve any conflict and reach a fair agreement.

 Pricing Strategy

Determining a sale price for your property is critical in ensuring a smooth transaction. To speed up the sale, consider pricing your home slightly below market value to create more interest and attract more buyers. If this approach isn’t yet achieving the desired results and you’re eager to get the property off your hands, reach out to a property professional. They specialise in fast property sales, helping you move forward with your life without the hassle of the open market.

It’s also essential to communicate openly with your ex-partner about your expectations for the sale price. If direct negotiations prove difficult, involving an estate agent can be beneficial. Estate agents can mediate discussions, facilitate negotiations, and help both parties reach a fair agreement, aiming to keep the process as seamless and amicable as possible. 

To Conclude

By adhering to the steps outlined in our guide and maintaining open communication with your ex-partner, you can navigate the process with confidence. Remember, you don’t have to go through this alone. Estate agents and legal representatives are available to support you throughout the entire process, helping to reduce any stress or tension that may come up.

Approaching the situation with respect and care can help you reach a decision that benefits everyone involved.

About Tom Floyd

We Buy Any House have over 16 years of experience in delivering a quick and hassle-free house sale for thousands of customers. They specialise in supporting customers going through difficult life events, such as divorce, by offering a quick and stress-free property sale. Their team of specialised experts will guide you through the process, taking care of all legal aspects so you don’t have to.

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Preparing for Divorce – A Guide to Gathering the Right Paperwork
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Preparing for Divorce – A Guide to Gathering the Right Paperwork

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Preparing for a divorce can be an overwhelming process – especially when it comes to gathering the necessary paperwork. This guide will help you understand what documents you need and how to organise them effectively.

By being well-prepared, you can streamline the divorce process and potentially save time and money.

Having all your documents in order also gives you a clearer picture of your situation, which can be invaluable when making important decisions.

Financial Documents

Start by collecting all relevant financial documents. Having a clear picture of your financial situation is crucial for fair asset division and potential spousal maintenance calculations. Also, it’s important to be mindful of hidden assets. These typically include:

  • Bank statements for the past 12 months
  • Credit card statements
  • Mortgage documents or rental agreements
  • Payslips and P60 forms
  • Tax returns for the past three years
  • Pension statements
  • Investment account statements
  • Documentation of any debts or loans

Property and Asset Information

Gather documents related to your property and assets. These documents will help determine the total value of your marital assets for equitable distribution.

  • House deeds or lease agreements
  • Vehicle registration documents
  • Valuations of high-value items (e.g., jewellery, art, antiques)
  • Business ownership documents, if applicable

Personal Identification Documents

Ensure you have copies of essential personal documents. These documents may be required for various legal procedures during the divorce process.

  • Birth certificates for you and any children
  • Marriage certificate
  • Passport
  • Driving licence

Child-Related Documents

If you have children, collect the relevant paperwork. This information will be vital if child arrangements need to be determined as part of the divorce proceedings.

  • School records
  • Medical records
  • Child benefit information
  • Any existing custody or visitation agreements

Other Legal Documents

Gather any existing legal documents that may be relevant. These documents can significantly impact the divorce proceedings and outcomes.

  • Prenuptial or postnuptial agreements
  • Previous court orders or judgments
  • Separation agreements
  • Wills or trusts

Organising Your Paperwork

Once you’ve gathered all the necessary documents, it’s time to organise them effectively. Create a filing system, either physical or digital, that works for you. This might involve using folders, binders, or cloud storage solutions.

Make copies of all important papers. Keep one set for yourself and prepare another for your solicitor.

Store the originals in a secure location, such as a safe deposit box or a locked filing cabinet at home.

Consider using a spreadsheet to track and summarise financial information. This can be particularly helpful for complex financial situations.

Being organised will help you and your solicitor navigate the divorce process more efficiently. It can also reduce stress by giving you a sense of control over the situation.

Final Thoughts

Gathering the right paperwork for your divorce may seem daunting, but it’s a crucial step in ensuring a fair and smooth process. Following this guide and consulting with your solicitor will prepare you to move forward with your divorce proceedings.

Remember, thorough preparation can lead to better outcomes and potentially reduce the stress and duration of the divorce process.

While collecting and organising all these documents may take time and effort – doing so will ultimately serve you well as you navigate this challenging life transition.

If you’re unsure about any aspect of document gathering, don’t hesitate to seek advice from your solicitor. They can provide guidance specific to your situation and ensure you haven’t overlooked any crucial paperwork.

Read more articles by Fair Result.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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The Dangers of DIY Divorces
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The Dangers of DIY Divorces

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Since fault free divorce law came into effect on 6th April 2022, it has become much easier for parties to complete a DIY divorce without seeking legal advice. Whilst the changes were welcomed, the new law has resulted in many DIY divorcees not understanding the law and/or encountering problems along the way.

One common (and wrong) assumption is that the Final Order of divorce automatically prevents an ex-spouse from making financial claims in the future. This is false. The only way to achieve a legally binding financial “clean break” is for the parties to also submit a separate signed Consent Order to the Court embodying the financial agreement they have reached. If this additional step is not taken, an ex-spouse is entitled to make financial claims against their former spouse in the future, even after they are divorced and the assets have been divided.

A trigger for a financial claim by an ex-spouse months or years after the divorce could be, for example, if a former spouse later accumulates wealth, such as by inheritance or lottery win. This situation can be stressful and expensive to sort out and therefore it is always advisable to enter into a Consent Order at the time of divorce.

In some DIY divorce cases the parties may be aware of the requirement to have a Consent Order but do not take advice before signing the document.   This could result in a binding Order that excludes valuable assets or income that cannot later be re-visited.

Another common mistake is some of the less obvious assets of the marriage such as pensions and business interests are overlooked, instead focussing on property alone. The pension assets of a marriage can be some of the most valuable assets and are often ignored resulting in a poor outcome for the party with the lower pension provision.

Timing is another factor that can get overlooked. For example, a divorce lawyer would usually recommend a final Order of Divorce is not applied for until financial matters have been resolved and a Consent Order approved by the Court (but not in all circumstances). There could also be consequences if a party re-marries before they have properly dealt with financial matters.

Believe it or not, every case is different. The individual facts need to be applied to each set of circumstances. Whilst many DIY divorcees will scour the internet for advice, there are no on-line resources that provide the answer to every single situation/scenario.  That’s why is it is always advisable to take legal advice early on, even if that advice is limited to just one consultation.

In conclusion, whilst a DIY divorce will always be the cheapest option, it is important that parties going through divorce can properly understand what they need to do, when, and to consider any other factors they may not have thought about.  This will ensure parties do not find themselves in a position where their quest to save money could be a decision they later live to regret.

This article is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

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Breaking Down Divorce: Answering the UK's Top Google Searches
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Breaking Down Divorce: Answering the UK’s Top Google Searches

Published on
Lauren Laverick
Lauren Laverick
Solicitor
Beecham Peacock Solicitors

Divorces are an intimidating legal process to those who aren’t in the know – after all, who entering a marriage considers the possibility that so many dread? This leaves many partners feeling blindsided, overwhelmed and turning to the internet for quick answers.

Compared to July 2023, Google searches for “cheap divorce lawyers near me” have risen by 200%. The problem many find themselves in is that the internet can provide inaccurate information, but many solicitors charge for initial consultation calls, and so the costly divorce process begins before new singles can come to terms with their situation.

We have turned to Newcastle family law specialists Beecham Peacock Solicitors for their answers to the UK’s most-searched divorce questions, using Google search data to collate the queries and trusted solicitors to answer them accurately.

How much does a divorce cost?

“There are several factors that can affect how much a divorce costs, mainly depending on whether the divorce sees the inside of a courtroom or if the couple opts for a no-fault divorce,” Beecham Peacock divorce solicitor, Lauren Laverick, explains. “If couples do agree to a more amicable no-fault divorce, the costs will typically comprise of legal advice, drafting divorce petitions and the handling of necessary paperwork. The standard fee when applying for a no-fault divorce is £593 before additional solicitor charges, which will vary depending on your solicitor and case.”

How to get a divorce.

“To start the legal process of filing for a divorce, you first have to check that your marriage meets the minimum criteria: you must have been married for one year, your marriage must be recognised in the UK and either you or your spouse must be living in England or Wales, as separate rules affect Scotland,” Lauren explains. “Thanks to the no-fault divorce system, neither party has to accept any wrongdoing for the breakdown of the marriage.

“Next, you must apply for a divorce application, which can be done by post or through the UK government’s website. This application will ask for personal details relating to the circumstances of the divorce, including children and financial arrangements,” Lauren continues. “This form can be completed by yourself or a hired solicitor. Once accepted, a copy will be sent to your spouse, who must acknowledge receipt of the letter and confirm that they agree.

“If your spouse agrees, the rest of the process comes down to sorting legal documents which can be arranged by your solicitor. If your spouse disagrees, based on grounds of finances or child custody, then these issues must be resolved,” Lauren says. “This is where you can lean on your solicitor to guide you through an amicable compromise, negotiating with your spouse through mediation, collaborative law processes, or if the disagreement cannot be settled, a more costly court hearing.

“Your solicitor will be crucial during this process if it comes to it – they will have your best interests at heart and protect your rights in the divorce process,” Lauren adds. “Once an agreement is made, you’ll apply for a conditional order, the first of two decrees needed to finalise the process. This informs the court that the divorce can proceed based on the information you’ve given. Then, if the court is satisfied, they will issue a certificate allowing you to apply for the final order.

Around six weeks from the completion of the first order, you can apply for the final order – legally ending the marriage. Once this is accepted, you are officially divorced.”

How long does a divorce take?

“The length of the divorce depends on the complexity of the case, mainly dictated by disagreements between you and your spouse in accepting the initial application,” Lauren says. “The average time to complete a divorce procedure is seven months, but this process will rely heavily on a solicitor processing forms swiftly and finding resolutions between disagreements if they arise, which could extend the time it takes to finalise the divorce.”

How many marriages end in divorce?

“The most recent statistics from the Office of National Statistics showed just over 80,000 divorces in 2022. We can work out from this data that 34.2% of marriages, on average, end in divorce,” Lauren says. “That’s lower than the often-heard claim, ‘half of marriages end in divorce’, but it still leaves many disappointed, stressed and emotionally struggling singles who never imagined they’d be in this position,” Lauren continues.

“It’s the lowest number of divorces there’s been since 1972, however. Hopefully this trend continues and there will be more happy couples as the years go on.”

How much does a divorce cost if both parties agree?

“If both parties agree to the divorce and to the terms, then we can assume this question relates to couples who have filed for a no-fault divorce and agree completely on the nuances of the divorce procedure – including details of finance considerations and child custody arrangements with no amendments,” Lauren continues.

“In this instance, the divorce will be completed as quickly as possible and with no court fees. This means that the average cost of an uncontested divorce will range from £600–£2,000, including the £593 government application form. The range of payment will therefore depend on how much your solicitor charges to process the divorce,” Lauren explains.

“This is why it is important to explore your options when searching for a solicitor, finding a balance between someone who you know will represent your interests well and who is also within your desired budget. As with most things, paying someone who can do the job right the first time may actually save you money compared to someone who can do it cheaply but inefficiently.”

Are you currently at the beginning stages of filing for divorce? If so, we hope your process goes as swiftly and as painlessly as possible.

Read more articles by Beecham Peacock Solicitors.

About Beecham Peacock

Established in 1953, Beecham Peacock is one of the North East’s leading law firms with a wealth of experience in a myriad of different legal fields. Its team of expert solicitors includes specialists in wills, trusts and probate, personal injury, family law and employment law. The firm also offers a wide range of other legal services.

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How to Know If It’s the Right Time for a Divorce
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How to Know If It’s the Right Time for a Divorce

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Deciding to end a marriage is one of life’s most challenging decisions. While there’s no universal “right time” for divorce – certain signs may indicate it’s time to consider this option. In this article we will explore key indicators and important considerations when contemplating divorce.

Signs Your Marriage May Be in Trouble

Persistent unhappiness is often the first sign that a marriage is in trouble. If you’ve been consistently unhappy for an extended period, despite efforts to improve the relationship – it may be time to reassess your marriage.

This feeling often goes hand-in-hand with a breakdown in communication. When attempts at meaningful dialogue consistently fail or lead to arguments – it can signal a fundamental issue in the relationship.

Infidelity is another major factor that can lead to divorce. Repeated unfaithfulness or an inability to rebuild trust after infidelity can be deal-breakers for many couples. Even more serious is the presence of abuse in a relationship. Physical, emotional, or verbal abuse, like financial control, should never be tolerated and is a clear sign to seek help and consider leaving.

Sometimes, couples find themselves growing apart due to diverging values or goals. If you and your spouse have fundamentally different life aspirations or core values that can’t be reconciled, it may lead to irreconcilable differences.

Red Flags That Shouldn’t Be Ignored

A complete loss of intimacy, both physical and emotional – can indicate a deep disconnect between partners. This lack of closeness often signals that the relationship has moved from a romantic partnership to a mere cohabitation arrangement.

Addiction issues can also strain a relationship beyond repair. Untreated substance abuse or other addictive behaviours not only affect the individual but can have devastating effects on the entire family unit.

Financial problems, particularly financial infidelity or constant money stress – can erode trust and stability in a marriage. Persistent financial dishonesty or unresolvable conflicts over money management often lead couples to consider divorce.

Some couples stay together solely for the sake of their children. While considering children’s well-being is crucial – remaining in a dysfunctional marriage may not be in their best interest long-term. Children are perceptive and can often sense tension and unhappiness between their parents.

If you’ve exhausted all options – tried counselling, communication strategies, and other interventions without success – it might be time to consider separation or divorce.

Important Considerations Before Deciding

Before making a final decision about divorce, it’s crucial to seek professional help. Engage in marriage counselling to explore all possibilities for reconciliation. A trained therapist can provide valuable insights and tools to help you navigate your relationship challenges.

Consider a trial separation. A period of living apart can provide perspective and clarity on the relationship. It allows both partners to experience life without the other and can sometimes rekindle appreciation for the marriage or confirm that separation is the right choice.

Consulting a divorce solicitor is also an important step. Understanding the legal implications and potential outcomes of a divorce can help you make a more informed decision. A solicitor can explain your rights, potential financial impacts, and issues related to child custody if applicable.

Lastly, take time for self-reflection. Consider your own needs, well-being, and future goals. Think about what you want your life to look like in the coming years and whether your current relationship aligns with those aspirations.

Final Thoughts

The decision to divorce is deeply personal and should never be made hastily. If you’re consistently feeling that your marriage is beyond repair and is causing more harm than good – it may be time to seriously consider your options.

Remember, seeking professional guidance can help you navigate this difficult decision and its aftermath.

Whatever you decide, prioritise your well-being and that of any children involved. There’s no shame in ending a relationship that no longer serves you – just as there’s value in fighting for a marriage that still has the potential for happiness and growth.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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What is a Single Joint Expert (SJE)?
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What is a Single Joint Expert (SJE)?

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Divorce can be a complex and emotionally charged process, especially when it involves the valuation of shared assets. One crucial element that often comes into play is the role of a Single Joint Expert (SJE). In this FAQ guide, we’ll delve into what an SJE is, why they are important, and how they can help streamline your divorce proceedings.

What is a Single Joint Expert (SJE)?

A Single Joint Expert (SJE) is an independent expert appointed jointly by both parties in a divorce case to provide an impartial valuation or assessment of shared assets. This expert is usually agreed upon by both parties and approved by the court. The SJE’s role is to offer a neutral perspective, ensuring that both parties receive a fair and accurate evaluation of their assets, which can include properties, businesses, and other significant financial interests.

Why is an SJE Important in Divorce Proceedings?

  1. Neutral and Unbiased Opinion: An SJE provides an objective assessment, which helps to prevent disputes and ensures that neither party feels disadvantaged.
  2. Efficiency and Cost-Effectiveness: By using a single expert agreed upon by both parties, the process becomes more streamlined and can reduce the overall costs compared to each party hiring their own expert.
  3. Court Approval: The court often prefers the use of SJEs because their involvement can lead to quicker resolutions, reducing the court’s workload and encouraging settlements outside of court.
  4. Clarity and Precision: SJEs are experts in their fields, providing detailed and accurate valuations that can withstand scrutiny from both parties and the court.

How is an SJE Appointed?

The appointment of an SJE typically follows these steps:

  1. Agreement Between Parties: Both parties must agree on the need for an SJE and select a suitable expert.
  2. Terms of Reference: The scope of the SJE’s work is defined in a document called the terms of reference, which outlines what the expert is expected to evaluate and report on.
  3. Court Approval: The agreed-upon expert and the terms of reference are then submitted to the court for approval.
  4. SJE’s Report: The SJE conducts their evaluation and provides a detailed report to both parties and the court.

What Happens After the SJE’s Report?

Once the SJE’s report is submitted, both parties have the opportunity to review and discuss the findings. If there are any disagreements or additional clarifications needed, these can be addressed through further questions or discussions with the SJE. Ultimately, the report serves as a key piece of evidence in reaching a financial settlement.

Final Thoughts

At Fair Result, we understand the complexities of divorce and the importance of accurate asset valuation. Our team is experienced in working with SJEs and can guide you through the process to ensure a fair and equitable outcome.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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