If your relationship has broken down, our expert divorce solicitors in Blackburn and Manchester can help you with the process of getting a divorce. Here at AWH, we can offer you the best possible legal advice to guide you through all the decisions that you will need to make for you and your family.
For a consultation about your divorce, call the experienced Blackburn divorce solicitors at AWH Solicitors on 0800 999 2220 or request a call back online today and we will call you.
Divorce Law & Procedure
In order for you to be able to file for divorce, our divorce solicitors need to be able to prove that you have a ground for a divorce and that your marriage has broken down. This could be due to adultery, unreasonable behaviour, desertion or separation for a period longer than two years.
The Divorce Procedure
- The procedure begins when you file a divorce petition form. You can pay the fees and submit your petition at your local divorce centre.
- If both parties agree with the petition – whether before or after informal negotiations – then the divorce can go ahead.
- If disputes occur and they can’t be easily resolved, your case may then go to court.
Divorce and Property Disputes
Sharing the assets of a marriage between a separating couple can become difficult, particularly when deciding what is going to happen to the family home.
You may wish to sell the property and divide the profits. If one of you wants to stay in the property, then you will need to find an agreement so the value can be shared equally.
If children are involved, then any property dispute will always be resolved in the way that is of the greatest benefit to them. Because of this, one parent may be able to stay in the house until the children turn 18, even if the other parent doesn’t agree.
Divorce and disputes regarding child arrangements
Child disputes can occur if you disagree about where your children should live, visitation rights, parenting plans, or child maintenance.
If you can’t reach an agreement through mediation and negotiation, then a judge will hear child custody issues in a court.
A divorce solicitor can help ensure the agreements you reach are legally binding by drafting a ‘consent order’. After both parents have agreed to this, it will be signed off by a judge. They will only do this if they believe that you have acted in the best interests of the children and that they will be safe.
Help from divorce lawyers in cases of domestic abuse
If you are navigating a divorce in the aftermath of a domestically abusive situation, then our Blackburn and Manchester divorce solicitors can help you find long-term solutions that protect your safety and rights.
Visa Issues After Divorce
If you are an immigrant living in the UK on a partnership visa that means your stay in the UK depends on your relationship, our immigration solicitors can provide extra support.
They will work closely with your divorce lawyers and are able to help you apply for visa extensions, indefinite leave to remain, or even asylum.
Wills, Trusts and Probate
Related to divorce and family law, we also offer will writing services, help with setting up a trust, probate, inheritance tax, and intestacy. We can further assist you with a deed of variation and setting up lasting power of attorney.
Financial settlements and divorce
If you are divorcing or separating from either a marriage or a civil partnership, you will need to divide your assets fairly. Any agreements that were put in place prior to the marriage or civil partnership need to be assessed, along with all the assets you have gathered during the relationship. With the guidance and support of our divorce lawyers, you can often reach an agreement through this initial stage of settling your finances. You can speak to our experienced Blackburn family lawyers who will take you through your divorce process.
A pre-nuptial agreement is a contract between two people that is drawn up before they get married. It sets out how they want to divide their assets in the event of a divorce. Prenuptial agreements are legally binding and unless a court decides they are unfair, they will always be enforced if you get divorced. Because the negotiations on asset distribution will have already been completed before your marriage, a clean separation is much more likely with a prenuptial agreement.
Postnuptial agreements are similar to prenuptial agreements but are set up after a couple are already married.
Just as with a prenuptial agreement, the postnuptial agreement clearly outlines how assets will be shared in a divorce. You may want a postnuptial agreement if you got married without any agreement in place. Having a signed postnuptial agreement gives you and your partner peace of mind that your futures are secure, helping to avoid a messy divorce down the line.
Separation of Unmarried Couples
Many people think that after a significant amount of time living together, unmarried couples would be recognised as a ‘common law wife or husband’, and therefore would be treated in the same way as married couples, but this is unfortunately not true.
Unmarried couples who are separating can often run into property dispute issues. As an unmarried partner, you will need to provide proof that you are entitled to the property or part of the value of that property, if it wasn’t in your name. If the property was in both names, issues can occur if one of your refuses to leave or doesn’t wish to sell.
We are authorised and regulated by the Solicitors Regulation Authority (SRA). We are committed to high quality legal advice and client care and aim to offer all our clients an efficient and effective service.
Get in touch with our Blackburn and Manchester Divorce solicitors to find out more about costs and how our divorce lawyers can help you with your divorce.Get in touch
Do I need a solicitor to get divorced?
Whilst you do not technically have to instruct a divorce solicitor in order to get divorced, it is the best option to ensure that the process is completed correctly and efficiently, and that there are no legal loopholes that may be left after your divorce.
How to find a good divorce solicitor in Blackburn and Manchester?
AWH Solcicitors offer excellent divorce solicitors in both the Blackburn and Manchester areas. They can offer support throughout all areas of family law.
Who pays the solicitor fees in a divorce?
Generally, each individual person who is getting divorced pays their own solicitor’s fees, and the person who is applying for the divorce (the petitioner) is responsible for covering any court fees or additional costs.
How long do solicitors keep divorce papers?
In accordance with legal best practice, most solicitors keep divorce papers for the recommended minimum period of six years. In some cases, files that include children are recommended to be kept for fifteen years.