If your relationship has broken down, we 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 yourself and your family.
For a consultation about your divorce, call the experienced divorce lawyers at AWH Solicitors on 0800 999 2220 or request a call back online today and we will call you.
UK Divorce Law & Procedure
For you to be able to file for divorce, our solicitors need to be able to prove 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 a 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 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 advisors 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 can 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, and help with setting up a trust, probate, inheritance tax, and intestacy. We can further assist you with a deed of variation and setting up a 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 before the marriage or civil partnership need to be assessed, along with all the assets you have gathered during the relationship. With our guidance and support, you can often reach an agreement through this initial stage of settling your finances.
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 you refuses to leave or doesn’t wish to sell.
To find out more about costs and how we can help you with your divorce, get in touch.Get in touch