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Divorce and Separation
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.
For more on how our Family team can help you, visit our dedicated Family Law site.
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 when establishing properties and divorce. 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
To find out how our family law team can help you, visit our dedicated Family Law site.
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
Divorce and Separation Success Stories
We are proud to have recently achieved a successful outcome in a Child Arrangements Matter. While it looked frustratingly bleak at first, it turned out very favourably in the end for our client (Father).
In this case, the Father had been stopped by the Mother from seeing his children for over a year. At the start, the court only considered indirect contact by way of letters and cards as the Mother was not agreeable to direct contact or even telephone contact.
As there were no risks of harm or any allegations against the Father, we advised that we would not accept indirect contact based on such poor arguments from the Mother and pushed for direct contact to commence straightaway. We further argued that the first hearing which was listed in July was adjourned when the Mother simply called the court a day before the hearing to say she had a medical appointment with no proof of evidence. This in turn delayed the Father having any contact even further.
We then wrote to the court to convey our great displeasure (not like they cared) and to put them on notice in case Mother pulls this stunt again. Like a dog with a bone, we also ensured Mother got the message by instructing counsel to ask for that piece of medical evidence we knew she could never produce.
In the end Father obtained direct contact as well as telephone contact with his children and the matter was listed for a second hearing in 1 and a half months’ time. Our client and his new partner informed us that they believe they would have never obtained such a result if not for instructing us – they shopped around before coming to us and felt they were in very caring hands upon meeting us.
In the words of the client:
"We just wanted to say a HUGE thank-you for your assistance with this, and all of your team. J is understandably delighted with the result which was not easy and this stage would not have gone half so well had it not been for all of your support, patience and determination to get a result this early.
J is so happy he is able to have this level of contact so soon and we will undoubtedly be leaving a fantastic review for you and will be back in touch closer to the next hearing."
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.
Your Questions & Our Answers about Divorce and Separation
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 onor contact us here: https://otssolicitors.co.uk/contact
[This question has also been answered by our lawyers privately by e-mail]
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 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for getting in touch. We would recommend that you obtain legal advice in respect of your rights as to the property. This is because we would need to have full details as to your circumstances in order to advise you whether there is a way for you to claim a share of the property.
Top book an appointment, please call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
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 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
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 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
We can certainly advise and assist you with your children act matter. There are actually a few imminent issues to deal with here; not just on custody/parental responsibility but I am confident you will benefit more with some initial advice first.
Please feel free to email or call us on 0203 959 9123 at your convenience to see how we may be able to help you further. Alternatively, please let us know what times are good for us to call you back - if you prefer this.
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 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
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 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
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 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact
Thank you for our enquiry.
It is very sensible to want to resolve matters without going to Court first. Mediation is the best option going forward and in fact it is a requirement before proceedings can commence unless you are exempted from attending mediation because of i.e. domestic abuse. Have you tried to have contact arrangements written down and agreed by parties ? Times (pick ups and drop offs) and days/dates for contact sessions noted on paper may be a more formal approach so both parties are clear of what is expected of them. If matters end up at Court, a Child Arrangement Order will give both parents directions on contact (child arrangements); to guide on frequency and consistency amongst other related matters like who the child lives with, spends time with, and holiday contact as well.
As we are Family and immigration specialists, please feel to contact us on 0203 959 9123 for more detailed advice or consultation.