Valuable Diamond is Crux of Assets Dispute in Court
The division of matrimonial assets is often the cause of protracted legal proceedings, where parties differ on what is due to whom. In a recent Family Court case, the question...
Continue readingWe understand that those seeking a family lawyer are typically under much stress and need to be confident that their issue is safe with their lawyer. Our family law department is proud to approach client’s matters with practicality and sensibility. You can rest assured that our sharp lawyers will seek the best outcome for you, whilst remaining sensitive to keeping dialogue open and promote agreement.
Our family team are experienced in all areas of family law, including ;- divorce, separation, co-habitation, pre-nuptial/post-nuptial agreements, child custody and child access, removal of children from the jurisdiction, abduction of children and domestic violence.
Finding the right lawyer for you is an important part of the process. We are based a short walk away from Hammersmith station and are easily accessible to all areas of London.
Divorce can be a most stressful and emotionally challenging time, with many different issues to think about and resolve before you are able to finalise your divorce and cut your financial ties.
Consideration needs to be given to the potential sale or transfer of the family home, division of any pensions, maintenance for you or the children, and the living arrangements for the children.
With so many different issues to think about and resolve before you are able to finalise your divorce, let our Hammersmith lawyers take the stress away.
Children are the first concern for many during a relationship breakdown. When it is possible, we promote workable solutions and help to negotiate suitable arrangements for the children. We address issues such as who the children shall live with, how often they will have contact with the other parent, holiday and educational arrangements and other issues concerning the appropriate care of children. We also assist where there is a dispute, and a court order is required to prohibit the steps of one parent or determine an issue in despite between parents.
Family law solicitor Figen Demiri is able to offer Family Law and Divorce services for the jurisdiction of England and Wales in Albanian and Turkish.
For friendly, expert legal advice on any aspect of family law, you can contact our family law team now by calling our Hammersmith office on 020 8735 9772 or using our simple contact form to request a call back.
Before you begin with your divorce application, you must first establish if you are entitled to a divorce. To be eligible, you must have been in a legally recognised marriage for over a year, within the jurisdiction of England and Wales, and your relationship has now permanently broken down.
If you are unsure about whether you are eligible, one of our divorce solicitors will be happy to advise you.
We understand that not all divorces are contested, and you and your spouse may wish to work together and have a joint divorce. Our divorce solicitors are experienced in this area and will advise you on the next steps to take.
With the new No Fault Divorce that came into effect on 6 April 2022, you can no longer stop a divorce going ahead if you wish to stay married. There are only very limited exceptions that allow you to contest a divorce. If your divorce was submitted before 6 April 2022, the old law will apply, and you may defend the divorce if you meet the requirements to do so. Speak to one of our divorce solicitors if you need further information.
Following the new No Fault Divorce that came into effect on 6 April 2022, all divorce applications are now done online via the HMCTS portal. You are required to create an account to submit an application, and to respond. One of our divorce solicitors can assist you with this.
There is a court fee of £593 that must be paid to submit your divorce application. If you are on a low income or in receipt of certain benefits, you may eligible for a fee exemption.
Legal fees can vary depending on whether or not your divorce is contentious.
If you and your spouse cannot agree on how to split your assets, or you feel that you cannot communicate with your spouse to reach an agreement, you can apply to Court for the divorce to be litigated.
If you are not sure whether you need to go to Court, speak to one of our divorce solicitors now.
The No Fault Divorce which operates from 6 April 2022 is time restrictive. This means that you must wait at least 7 months for your divorce to finalise. If your divorce was submitted before 6 April 2022, it can take between 8-12 weeks to finalise.
Where there are assets which need to be divided, this can be resolved alongside with the divorce and if agreement is possible it may not delay the divorce.
When you get divorced you and your spouse will need to divide your assets and separate your finances. How this is divided can either be agreed between the two of you with or without mediation or solicitor negotiation, or decided by a Judge in Court. Our divorce solicitors can help you understand what factors will affect any share of the marital finances.
A pension is considered a marital asset, and will be impacted by divorce. It is common to seek equality of pensions on divorce to ensure that both you and your spouse have a fair pension on retirement. This could mean that you can get a larger pension by sharing some of your spouse’s pension, or you may lose some of your pension. If you are concerned about your pension speak to one of our divorce solicitors.
If your spouse applies for a divorce, either you or your spouse may need to move out of the house you live in. This could be temporary, or lead to a sale of the house. If you want to understand how this may affect you, speak to one of our divorce solicitors. We can assist in guiding you through any house sales / purchases as we work very closely with our conveyancing department here at Hubbard Pegman & Whitney
If you and your spouse have children, you will need to consider their living arrangements upon your divorce. Our divorce solicitors can assist you in formalising your agreement.
If there is a dispute with your spouse about the children, you may need to go to Court. Get in touch to find out what the next steps you need to take to get started are.
Child custody, otherwise known as parental responsibility, is the right to have access to your child, be involved in their life, be consulted in important decisions to do with their life and decide where they should live.
Natural parents of children generally already have custody of their child. If you are the biological mother, you will automatically have ‘parental responsibility’ which gives you custody of your child. If you are the father and you are named on your child’s birth certificate, or otherwise you were married to the child’s mother at the time of birth then you will also have parental responsibility.
If you are unsure about whether you have parental responsibility, one of our family solicitors will be happy to advise you.
You will need parental responsibility to have access to your child. Obtaining parental responsibility requires either a court document granting this to you, or an agreement by the parents.
If you need access to your child, our family solicitors can help you with this process.
If you are able to agree, you can apply to name the father on the birth certificate and he will therefore have child custody. If the parent seeking child custody is not the biological parent, you can also apply to include them in the child’s life so long as everyone with parental responsibility agrees.
Our family solicitors are here to help you understand parental responsibility and how it affects you.
When parents separate, the arrangements for any children they have together will need to be decided. This could either be an arrangement where the child primarily lives with one parent and sees the other for weekend contact, or the child can be cared for by both parents equally. This arrangement can be as tailored as required to meet the child’s needs.
To understand what kind of arrangements could work for you and your child get in touch with one of our family solicitors.
In deciding which parent the child should primarily live with, considerations should be given to what kind of arrangements will best promote the child’s wellbeing and development. If you and the other parent don’t see eye to eye on what this is, our family solicitors can help narrow the issues to encourage agreement.
If you are the parent that the child does not primarily live with, you will be expected to pay child maintenance. If you need some help in understanding how much you need to be paying, speak to one of our family solicitors.
If you and the other parent cannot agree, are not suitable for mediation, or there are urgent safeguarding issues in relation to you or the child, you will need to apply to make an application to the family courts to resolve the conflict. The court can also assist in issues such as changing the child’s surname, relocating with the child to a new place, or deciding whether they should undergo a medical procedure.
If you’re unsure whether you need to go to court, speak to one of our family solicitors.
A prenuptial agreement (prenup) is an important document that can help safeguard your assets in the case of a divorce. A prenup can include terms to determine how any assets you own or come to own should be treated in the event of a divorce. However it is important to recognise that this does not mean that if you enter into a prenup you are more likely to get divorced.
In England and Wales, there is currently no recognition of ‘common law’ partners. This means that no matter how long you have been together, you do not acquire a ‘right’ to your partner’s assets if they are not jointly owned. In the case of separation or death, you will not be considered as a beneficiary to your partner’s asset. To protect yourself, it is best practice to have a written document such as a cohabitation agreement which you can present as evidence of your interest in any assets you feel you have a right to.
Both marriage and divorce are a significant event that will impact your assets and inheritance. If you have not already done so since being married, you and your spouse should have a conversation about making or updating your Will. If you are divorcing any existing Will will be impacted and will need to be updated to remain valid. If you have any questions about making a Will our probate team can talk to you about this.
Divorce is a big step and will have a huge impact on your life. Prior to proceeding with an application for divorce we will want to be confident that your relationship has permanently broken down. Marriage counselling is a good tool of understanding whether your marriage has broken down, however it is not necessary to engage in counselling if you have decided to divorce.
Divorce proceedings are private and your information will remain anonymous and will not be revealed to the public.
You are free to keep your married name on divorce should you wish to do so. If you would like to return to your maiden name you do so by presenting your decree absolute to the relevant institutions following your divorce.
During divorce the matrimonial assets will need to be divided in accordance with the law to assure a fair divide. Matrimonial assets are all assets acquired or built up during the marriage including properties, investments, pensions, income and savings. The same applies to marital debts. Upon divorce there will be an intention to cut your financial ties, however in some circumstance one spouse may continue to financially support the other; how long this is for and how much the support is will be decided on a case by case basis.
There will be an expectation that if you have separated you will be living apart. However so long as there are no safety concerns for either party or children, should you require access to the home you should be entitled to enter it.
You can remarry as soon as you obtain your decree absolute, subject to giving appropriate notice as required by the registrar marrying you.
You can include the care of pets in the event of divorce within your pre-nuptial or post-nuptial agreement. This can also include provisions about the upkeep and cost of your pet during the marriage.
Search site
Contact our office
Get in touch