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Divorce and Separation
Divorce and Separation subsections
High Net Worth Divorce
Declaration of Trust
It is now common for people to buy property together outside of marriage. Often, to help fund a purchase, one or both parties to the relationship will receive financial support from their parents. If a married couple splits up, the separation of their assets and finances would be dealt with by divorce proceedings. However, for unmarried couples there is no equivalent process and each party is entitled to walk away with his/her own assets.
The division of jointly owned property is the issue that frequently causes the biggest concern when unmarried couples separate. If there is a disagreement, it is possible to ask a court to determine their rights, but that will be time consuming, costly, and very stressful.
The outcome of court proceedings will depend upon the unique facts of a particular case. However, the starting point for a court is always - where there is joint ownership, in the absence of clear evidence to the contrary, there is a presumption of equality. Consequently, if there is no evidence of an agreement to own the property in unequal shares, the partner who contributes the most may ultimately lose out. Similarly, half of any contribution made by a parent may end up with their child’s ex-partner.
The Benefits of a Declaration of Trust
To minimise the scope for a future disagreement unmarried couples should enter into a declaration of trust. This enables them to set out their respective shares in the property and to recognise and protect the interests of their parents. Ideally, it should be put in place at the time the property is purchased.
It is also advisable to use a declaration of trust to record an intention of equal ownership when unequal contributions are made to the purchase. This will ensure that the agreement is honoured if the relationship breaks down. Also, if the party who makes the bigger contribution dies or becomes incapable, those dealing with his/her estate will be bound by the declaration.
As a final word of caution, remember that unmarried couples should make a will if they wish to confer any benefit upon one another on death. In some instances jointly owned assets pass automatically to a surviving co-owner without the need for a will. However, in the absence of a will, an unmarried partner has no entitlement to the deceased’s individual assets or his/her share of joint assets held under a tenancy in common.
OTS Solicitors are specialists in the fields of trusts and estates and can help you if you would like to discuss protecting or enforcing your interests in a property.
Where land is owned by two or more people, they each have a simultaneous interest in the land and are known as “co-owners”.
There are two ways in which co-owners may hold property:
– As joint tenants – Under a joint tenancy, each tenant has an indivisible share in the property and all of the tenants are equally entitled to the whole property.
– As tenants in common – If co-owners hold the property as tenants in common, they each have a distinct beneficial share in the property. It is advisable for the co-owners to indicate expressly the proportions in which they hold the property, rather than leaving this to be implied from the circumstances and the financial contributions made by each co-owner. A Declaration of Trust can be used to demonstrate how the property is held by the different co-owners.
A declaration of trust is a legal agreement between the joint owners of property. It may include several pieces of information, such as the amount each owner contributed towards the purchase price, their respective ownership shares, and what happens if someone dies or wants to move out or there is a dispute about how to develop the property.
When is it advised to have a declaration of trust?
If you are buying a home with your partner or friend, and you are purchasing the property as tenants-in-common, then you should speak to your solicitor and get a deed of trust drawn up. It may not be exactly romantic, but it could spare you a lot of pain if you ever decide to go your separate ways.
What are the benefits of having a declaration of trust?
If one of you has contributed more money towards buying the property, you may decide that it is fairer to reflect this in your share of the property for example – where one owner paid 30% towards the purchase price and the other paid 70%, each party to the transaction will hold a fiscally apportioned interest in the property according to their contribution.
In addition, if the property is owned as a tenancy-in-common and one of you dies, that share will pass in accordance with the terms of the deceased’s will (or under the rules of intestacy, if they don’t have a will). This means that the surviving joint owner of the property will have no control over who owns and lives in the co-owner’s part of the property. A deed of trust can be drafted to avoid this problem by stipulating exactly what should happen to the property if a joint owner dies.
Are you buying a property with someone else? You may fit into one of the following categories:
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Cohabiting unmarried couple
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Cohabiting friends
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Cohabiting relatives
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Business partners
Are you contributing differing amounts to the deposit, fees, or mortgage payments? If so, you need a Declaration of Trust to clarify:
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The percentage of the deposit each person will pay
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The percentage of the property each person will own
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How much each owner will contribute towards mortgage payments
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How much each owner will contribute towards fees
Have you ever thought about what will happen if you want to sell the property? Have you given any thought as to what will happen to the property if there is a relationship breakdown or if one party simply wants to sell up? You need a Declaration of Trust to clarify:
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What happens if an owner decides to sell their share
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What proportion of the sale proceeds each owner will receive if the property is sold
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How any mortgage on the property will be paid off
You may need a Declaration of Trust:
If you are contributing a large share of the deposit for the property
A Declaration of Trust can help you protect your financial contribution in the event that you decide to sell the property or your share in the property.
If you are contributing towards purchase expenses, such as legal fees, stamp duty or removal costs
A Declaration of Trust can set out your financial contribution and specify how you wish to be repaid in the event that the property is sold.
If you are making contributions towards the mortgage
A Declaration of Trust can set out how you wish to contribute to mortgage payments and how you wish to be repaid for your contribution, should you come to sell the property.
Have you considered any mechanism for buying out your joint owner’s share in the property?
A Declaration of Trust can specify the terms upon which you transfer the property.
If you want to avoid prolonged legal disputes over finances if your relationship breaks down
A Declaration of Trust can set out if and when the property should be sold and how the sale proceeds should be divided between the owners.
When should a Declaration of Trust be created?
It is important to create the Declaration of Trust at a time when the owners of the property and other persons who may have contributed towards it are in agreement.
Do contact our family law and divorce Lawyers in London for further details about the best legal options for you. Contat our switchboard on 0203 959 9123 or via our Contact Form.
No one expects to get divorced. Our family team is aware of the unsettling and upsetting nature of separation and marriage dissolution. Although relations may start off amicably, as the divorce process gets underway and financial and childcare arrangements are negotiated, things can swiftly turn acrimonious without the support of an experienced divorce solicitor.
Our family lawyers in London are headed by Jordana Adams. Jordana has over five years’ experience in family law and litigation and is a member of Resolution, an organisation of 6,500 family lawyers who follow a strict Code of Practice designed to resolve family law matters in a constructive, non-confrontation manner. Resolution members also campaign for improvements to the family justice system.
To speak to our top family law solicitors based in the City of London, please contact us on 0203 959 9123, or contact us through our online enquiry form.
As a law firm, we are committed to helping couples resolve family law disputes in a non-confrontational manner. As with all the best divorce lawyers, we work to avoid couples ending up in court; we support them in finding workable, long term solutions to resolving disputes over financial settlements and childcare arrangements. This is achieved by encouraging round-table negotiations and mediation, both of which Jordana and her team have an abundance of expertise.
The basic law of divorce in England
To obtain a divorce under English law, you must have been married for more than 12 months.
The only ground for divorce is that the marriage has ‘irretrievably broken down’ due to one of the following factors:
- adultery
- unreasonable behaviour
- desertion
- separation of two years or more
- separation of five years or more
Once you have established grounds for divorce, you need to lodge a Petition for divorce in the Family Court and serve notice on your spouse, either in person or by post. Evidence of service must be shown to the court by the producing of an Acknowledgment of Service Form signed by your spouse or their solicitor.
You or your spouse have the option to defend your divorce; however, this happens rarely, and few divorces are defended successfully. If you are considering defending your divorce, our divorce lawyers can provide you with the best advice as to how and whether to proceed.
The financial settlement
Aside from childcare arrangements, financial settlements cause the most conflict amongst divorcing couples. Our family law team has an in-depth understanding of the consequences financial agreements can have on both parties to a marriage. We will advise you on the information you need to collate to prove the value of the matrimonial property at stake and guide you on the long-term implications of any settlement reached.
If you are unable to reach an agreement by yourselves or via mediation, then the court can determine a financial settlement for you. The considerations the court must take into account when working out a financial settlement are set out under the Matrimonial Causes Act 1973, section 25 and include:
- the duration of the marriage
- the current and potential future income and assets of each spouse
- the standard of living enjoyed by the family prior to the breakdown of the marriage
- the contribution each party has made or will make in the future to the welfare of the family
- the age of the parties
- the conduct of each party, and whether the way one party has behaved would make it unfair to the other party if the Court were to disregard it (note: this conduct has to be extreme, the courts are not interested in who was to blame for the breakdown of the marriage)
If the only way to work out a financial settlement is via a court order, you can trust that our family law solicitors will provide you with exemplary legal advice and representation.
When we advise on separation and divorce, we take the welfare of the whole family into account. Children who are caught in the middle of battling parents can be adversely affected; therefore, we will ensure that you and your spouse have opportunities to discuss childcare arrangements in a neutral, calm environment.
As members of Resolution, our family law solicitors are dedicated to helping you resolve your childcare arrangements in a peaceful, non-confrontational manner. There is an abundance of support available to help you and your partner negotiate arrangements for your children and assist you with accessing the services you require.
Dividing the family home after a divorce
The family home is an asset and becomes part of the financial settlement. There are several ways you could choose to deal with dividing it including:
- One partner buys the other’s share in the property
- You sell the house and split the proceeds
- One partner continues to live in the family home, with the children, and the other receives assets to even up the distribution or receives the balance when the property is sold after the children leave home or the occupying partner remarries. This is known as a Mesher Order.
Jordana and her team will help you work out the best solution to distributing your family home and support you to ensure your best interests are protected.
Providing sensitive service
Experience has provided the family law team at OTS Solicitors with an understanding of the stress divorce, and legal separation can bring. During negotiation and/or mediation, we will protect you from any pressure to make a decision you are not yet ready to commit to. We will also ensure that any resolution and/or court proceedings are conducted in a respectful manner, with both sides having a fair chance to state their case.
Legal orders
In cases of physical and/or emotional abuse, you can trust that we will use every legal tool at our disposal to protect you and your children. We are experienced at obtaining quick Non-molestation and Occupation Orders. Our team will also move speedily to get a freezing order in place if you believe your spouse will attempt to hide money and assets.
At OTS Solicitors, we understand divorce and how to obtain the best settlement for our clients so that they can move on to a positive future.
For a more detailed discussion regarding your divorce, or to book an appointment with a member of our family law team, please call us now on 0203 959 9123
For a more detailed discussion regarding your case, or to book an appointment with a member of our divorce and family law team, please call us now on 0203 959 9123
Your Questions & Our Answers about Divorce and Separation
Thank you for your enquiry.
You and your husband will need to give what is called “full and frank” financial disclosure of your assets when you either negotiate a financial settlement or if one of you starts financial court proceedings.
Once you have your husband's financial disclosure, your divorce solicitors will be able to review it and check if there are any discrepancies or evidence that assets have been hidden from you, for example shares, investments or additional bank accounts.
As you own a family business with your husband you could ask a forensic accountant, within the financial court proceedings, to look at the business value and look for any discrepancies, for example movements on a directors loan account.
If you are concerned that your husband might sell or dispose of assets then you could apply to court for an injunction order to stop him from doing so.
You do need family law advice on the financial disclosure and your financial settlement options. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.
family law team OTS Solicitors
We are sorry to hear about your separation.
A mediation information and assessment meeting is a meeting between you and a family mediator to give you information about how family mediation works and to see if you would be suitable to go to family mediation. Normally the information and assessment meeting is an individual meeting with you alone, but you could double check that your wife will not be at the meeting if you are concerned about it.
If you decide to go ahead with mediation, your wife would attend the mediation sessions that would be led by an independent and impartial family mediator. The mediator’s job is to help you reach an agreement. For example, in mediation you could decide whether you are going to get divorced and, if so, who should start the divorce proceedings or you could agree the split of your assets or parenting arrangements.
Mediators are not able to give legal advice and therefore most do recommend that you get legal advice on your family law rights. Taking expert advice means you are
more likely to be comfortable in attending mediation sessions, as you will know where you stand legally.
If you do not go to the mediation meeting, your wife could get a family solicitor to write to you or she could start court proceedings. The first step is for you to take some legal advice on your rights and options.
To discuss your situation and your options we would need to see you. We can give you expert divorce, financial and children law advice and advise you on the best way forward. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.
We are sorry to hear about the difficulties with your contact with your children.
If you and your ex-partner cannot reach an agreement over your contact with the children, you could go to family mediation to see if a family mediator can help you reach an agreement.
If family mediation is not suitable for you or does not resolve matters then you could apply to the family court for a child arrangements order. This order is like the old style access or contact orders. Your ex-partner could apply to court for an order to stop your girlfriend seeing your children during contact visits.
When making any decisions about children the court will look at what is in the best interests of your children.
To discuss your situation and your options we would need to see you. We can give you expert children law advice and advise you on the best way forward. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.
family law team at OTS Solicitors
As your wife is an employee of the company, she will have employment law claims as well as being able to start a financial application in the divorce court.
You should not take any action in relation to her Employment without first speaking to an employment law solicitor. If you were to performance manage your wife out of her job or sack her or give her grounds for a constructive dismissal claim your wife could bring both employment law tribunal proceedings as well as a spousal maintenance claim as a result of her loss of income.
When a spouse is employed in a family business, it is usual to negotiate a financial settlement that includes a promise that the family financial court order settles both family law financial claims as well as any employment law claims. Normally, as part of the overall family financial settlement, your wife would resign from her job but without being able to bring any future separate employment law claims against the company.
It is very important that you do not do anything prematurely to enable your wife to bring an employment law claim and a claim for interim spousal maintenance.
You do need family law advice on reaching a financial settlement with your wife. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.
family law team OTS Solicitors
When a husband and wife get divorced, they can make financial claims against one another, including claims against a business. The fact that the majority of the shares are held in your husband's name does not matter if the business is a family asset. A family court can take the value of all the shares in the business into account when making a financial court order or making orders in relation to the shares.
You should not transfer your shares to your husband without first getting legal advice from a divorce solicitor. Even if you signed a shareholder agreement, the divorce court has wide-ranging powers in relation to business shares. The court could order a valuation of the shares, and ultimately could order the sale or transfer of your shares or those of your husband.
A number of factors will determine if a court will order the transfer of your shares to your husband and we would need to see you to discuss your individual personal and financial circumstances to give you an idea of the likely financial settlement that might be negotiated or ordered by the court if you cannot reach an agreement.
You may need urgent legal and accountancy advice depending on the date of your separation from your husband.
Divorces involving family businesses and shareholdings can be complicated as it is important that the business and shares are properly valued.
You do need family law advice on the shares and your financial settlement options. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.
family law team OTS Solicitors
Thank you for your enquiry.
We would need to see the financial court order and look at the spousal maintenance clauses to advise you.
In some spousal maintenance court orders, the court order will state that the spousal maintenance will stop early if the person receiving the spousal maintenance cohabits with another person. If your order does not say that and your ex-husband has stopped the spousal maintenance payments, you could apply to court to enforce the spousal maintenance order.
Even if the spousal maintenance court order does not say that the spousal maintenance will stop early if the person receiving the spousal maintenance cohabits, your ex-husband could apply back to court to stop the spousal maintenance payments or reduce the amount he pays each month.
We would need to discuss with you whether your boyfriend would be classed as cohabiting with you. A boyfriend can stay a few nights a week and the court can say it is cohabitation. The definition of cohabitation is a bit complex. However, even if your boyfriend was living with you full time this may not necessarily affect the spousal maintenance payments. It all depends on your personal and financial circumstances.
You do need family law advice on the spousal maintenance payments. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. When coming in to see us please bring the financial court order with you so we can advise you. Please call us.
Jordana Adams, Family Solicitor
Thank you for your enquiry.
Your ex-wife cannot legally change your children’s surname unless you give your written agreement, or she makes an application to the family court for an order permitting her to change the children’s surname and the court grants the order.
If your ex-wife will not stop calling the children by her new husband's surname, then you could make an application to court for a prohibited steps order to stop her from changing their surname.
If you are experiencing any issues with seeing the children, you could also apply for a child arrangements order to set out the times you should see the children.
The court is normally reluctant to change a child’s surname unless there is very good reason to do so. That is because the surname is part of your children’s identity. However, if your ex-wife will not stop calling the children by the new surname and you delay in taking action the court may say that it would be even more confusing to the children to change the surname back again. I would therefore urge you to take action now rather than wait. A solicitor’s letter to your ex-wife may be sufficient and if not you could apply to court for a prohibited steps order.
To discuss your situation and advise you on the best way forward please call us on 0203 959 9123 to arrange an appointment to see us.
Jordana Adams, Family Solicitor
When a husband and wife get divorced, they can make financial claims against one another, including claims against pensions. Whether your wife would be successful in bringing a claim against your pension depends on your individual and personal circumstances.
A number of factors will determine if a court would award your wife a share of your pension , such as your ages , the length of time that you have lived together as man and wife , whether you have children together , the extent of your other assets and property , and both of your needs .
The court has the power to make a pension sharing order so that your pension is shared with your wife. However, the pension share does not have to be 50%. It all depends on the range of factors. Another option is for the court to offset the value of your pension by giving your wife a greater share of the non-pension assets and leaving you with your pension intact.
Divorces involving pensions can be complicated as it is vital that the pension is properly valued and proper consideration is given if the pension was accrued prior to your marriage.
You do need family law advice on financial settlement and pension sharing and offsetting. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.
Jordana Adams, Family Solicitor
Potentially you could start divorce proceedings if you have been married for at least a year. If you want to start divorce proceedings without waiting for two years from the date of your separation then you would need to start the divorce proceedings based on your spouse’s adultery or unreasonable behaviour.
Sometimes a spouse will say that they do not want to be blamed for the divorce and would prefer to wait the two years from the date of separation to start the divorce proceedings. However, if you both take legal advice, you will find that if one of you starts divorce proceedings based on adultery or unreasonable behaviour it does not have to be an acrimonious divorce. Furthermore, the basis for the divorce proceedings does not have to affect the financial settlement or the parenting arrangements if you have children.
People think that allegations of unreasonable behaviour have to be extreme to form the basis of a divorce petition. They do not have to be, as a divorce solicitor should try to minimise any animosity.
Remember that if you do wait two years from the date of separation to start the divorce proceedings, your spouse will need to agree to the divorce. If your spouse will not agree to a divorce then you have to wait five years, unless you can start divorce proceedings based on adultery or unreasonable behaviour.
As you do need expert divorce advice we would ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.
Jordana Adams, Family Solicitor
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
I am sorry to hear about the difficulties with the Saturday contact with your children. Spending the Saturday travelling cannot be much fun for you or the children.
You do not say whether there is a court order in place. Has a child arrangements order been made? If there is a child arrangements order and it says that the children have to be back at home with their mother by 4pm then you should comply with the court order. That is unless your ex-partner agrees to the change in time from 4pm to 6pm or you apply back to court to vary the child arrangements order to a return time of 6pm.
You do not mention how old your children are. Is there a reason why they need to be back at their mother’s house for 4pm on the Saturday? In addition, you do not mention if you are having any overnight contact with the children. If you have accommodation for them, staying with you overnight may help give you more quality time with the children to enjoy outings with them.
To discuss your situation and your options we would need to see you. We can give you expert children law advice and advise you on the best way forward. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.
Jordana Adams, Family Solicitor
I am sorry to hear about the difficulties with the sale of your family home.
It sounds like the court made a financial court order and, as part of that order, said the family home should be sold. Normally a financial court order that includes an order for the sale of a family home will include extra clauses setting out how the sale will be achieved, for example, setting out a mechanism for agreeing on the marketing or sale price of the family home or the choice of estate agent.
To advise you we would need to see the financial court order. If the financial court order does contain extra clauses setting out the details for the sale of the family home and the order has not been complied with, then you will be able to make an application to court to enforce the court order. If the order does not spell out how the sale of the family home is to be achieved, you can still apply back to court under “liberty to apply” provisions.
If you have to make an application back to court, you can ask the court to order that your husband pay the costs of the court application. The court will not necessarily make a costs order and, even if a cost order is made, you will not necessarily get the full amount of your legal costs back. However, sometimes a solicitor’s letter saying that you will make a court application and apply for costs is sufficient to get a spouse to cooperate with the sale of the family home.
You do need expert family law advice and we would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. When you come to see us, you will need to bring the financial court order with you together with any letters or emails received from the estate agent that confirms your case that you husband is deliberately being obstructive to delay or prevent the sale of the family home. Please call us.
Jordana Adams, Family Solicitor
Thank you for your enquiry.
We need more information from you to determine whether the court has jurisdiction to hear the divorce proceedings in England. The answer will depend on where you and your wife are domiciled and where you are both habitually resident. Domicile is a complicated legal concept. Habitual residence means where you are normally living.
If you and your wife are habitually resident in England, you will be able to start divorce proceedings in England even though you got married in the States and your wife is not a British citizen.
If your wife is not living in England at the moment then potentially you could still start divorce proceedings in England, for example if you are domiciled in England and have been habitually resident in England for at least a year before the start of the divorce proceedings.
There are many different scenarios and the answer to whether you can start divorce proceedings in England will depend on your individual circumstances. As your wife may be able to start divorce proceedings in an alternative country it is vital that you get expert divorce legal advice on whether it is in your interests to start divorce proceedings in England or an alternate jurisdiction. The timing of the advice is crucial, as you may not be able to start or continue divorce proceedings in England if your wife starts divorce proceedings elsewhere before you can issue your own divorce petition.
You do need expert family law advice and we would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.
Jordana Adams, family solicitor
Family , divorce proceedings
Thank you for your enquiry. The decree nisi does not conclude the divorce proceedings. After 6 weeks have elapsed from the date of decree nisi the person who started the divorce proceedings will be able to apply for the decree absolute. The decree absolute document concludes the divorce.
If you started the divorce proceedings, you should not apply for the decree absolute without first taking legal advice. If your husband applied for the divorce, it may be in your interest to delay him applying for the decree absolute. You therefore need quick legal advice on your options.
If you get divorced, you will both still have financial claims against the other, including property and pension claims. Those claims will only stop if you get a clean break financial court order.
You do need expert family law advice and we would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.
Jordana Adams, Family Solicitor
I am sorry to hear about your separation and the fact that you are not seeing your children at the moment. Seeing your children should not be linked to sorting out financial matters. You do have legal rights. If your wife will not change her mind and agree to your having contact with your children you could apply to court for a child arrangements order. When deciding whether to make a child arrangements order to let you see the children the family judge would make a decision based on your children’s best interests, not financial matters. The family team can help you apply for a child arrangements order as well as help you resolve property and financial matters.
Please call me on 0203 959 9123 to arrange an appointment to discuss how we can help you.
Jordana Adams, Family Solicitor
Case type: family, children
I am sorry to hear about your separation. I appreciate that you will want to stay at the house so your daughter has continuity. Whether you will be able to do so will depend on a number of factors that we would need to discuss with you in some detail. The fact that you are not married does affect the way the law works on who gets to stay in a house after a couple split up . However, as you have a young daughter we need to look at not just your property rights but also your daughter’s housing needs (called a schedule one claim) and child support. We think there are a number of ways in which the family team may be able to help you.
Please call me on 0203 959 9123 to arrange an appointment to discuss how we can help you.
Dear Sir,
Thank you for the Immigration enquiry.
As you have been married to your partner for over 5 years and have thus been a family member of an EEA National, you may be in a position to apply for permanent residence. Your past Immigration history, however, does seem to be problematic. As such, we will need further information from you in order to advise you accordingly.
Our immigration solicitors will contact you shortly.
Dear Madam,
Many thanks for your divorce enquiry.
We will need to assess your matter further in order to advise you.
Our family law solicitors will contact you shortly.
Dear Sir,
Thank you for your enquiry.
In short the process for the final dissolution for a civil partnership is similar to that of a divorce. You will need to lodge a petition and set out the reason or “fact” that you will rely on in support of the dissolution of the civil partnership. As you have been in a civil partnership for over a year you can apply at any time but the reason you can rely on will be one of five specific facts. After lodging the petition it would be served on your partner and this would initiate the proceedings. The process after this will depend on the facts of your case but in short you require the court to approve your petition before a dissolution will be granted.
We will contact you shortly to discuss your matter further.
Best Regards,
OTS Solicitors
thank you for your enquiry.
The difference between a divorce and separation is that a divorce is final, it legally puts an end to your marriage. This in turn means that you are able to legally divide your assets and finances from your partner.
Whereas when your are legally separated you are still legally married and are able to consider and draft a settlement agreement which sets out the rights and responsibilities of each spouse while your living apart. This can include child arrangements, how the bills are to be split, who has access to what, when etc. It allows you the time to decide whether a divorce is the right step for you.
In respect of your finances, it is an idea to start having the discussions about how you and your partner wish to divide your assets, an agreement of how your assets are to split can be made and then formalised through divorce proceedings. In order for finances to be split fairly it is important that both you are your partner provide each other with full and frank disclosure of your finances before making any such agreement. There are many factors to consider when deciding how best to separate your finances, such as length of marriage, children, contribution etc.
In respect of you and your partner currently living together in the same property, you can still be considered as separated while you continue to live in the same house. You must however be able to show that you have separate lives whilst living under the same roof, e.g sleeping in separate rooms, cooking your own meals etc. You will need to decide however what is the best course of action to take with the home and whether you and your partner wish to in the long term sell the property and split the proceeds in order to have a clean break, or continue to cohabit even after separation/divorce. These options can be explored with you.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our family law Solicitors. Please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact form.
We look forward to hearing back from you soon.
Thank you for your enquiry.
In respect of taking your children abroad, if you have no child arrangement order in place or any other restrictions in place, and assuming that both you and your husband have parental responsibility, neither of you can take the children on holiday outside the United Kingdom without the written consent of the other parent. If your husband refuses to give consent then you will need to make the necessary application to the courts for permission to be granted.
If however you do have a Child Arrangement order and you have in fact been granted "residency" you are able to take your children abroad for upto a month without the written consent of your husband.
If your husband does not have parental responsibility, and no child arrangement order is in place, then permission is not strictly needed by him to take the children abroad. However this does not prevent your husband without parental responsibility to apply to the courts to obtain parental responsibility and then objecting to the children being taken abroad.
It would be advisable to seek his consent before you do go abroad otherwise you face being accused of child abduction.
In respect of your query of your financial agreement being recorded before you commence divorce Proceedings, an agreement about the Finances can be made either through mediation or through solicitors once full and frank disclosure has been given by both you and your husband about what assets and capital you have. The agreement itself can be approved by the Court as part of the divorce proceedings but it is sensible to start thinking about a financial agreement before the divorce.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consult with our family law Solicitors. Please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact Form.
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