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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 arrangementsfinancial 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.

Childcare arrangements

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.

Your Questions and our answers about Divorce and Separation

Thank you for getting in touch with us.

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In the meantime, you can also call us or contact us here

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.

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.

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.

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.

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.

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.

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.

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.

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.
Thank you for your enquiry.
I totally empathise with you and your predicament but I’m afraid that it will be very difficult to get any money backdated and the chances are very slim as your children are all grown up now.
I would advise that you seek assistance outside the Family courts or perhaps get in touch with Child Maintenance Service to see if there is anything they can do to help you with.

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