Covid-19 Update: We are continuing to provide our usual services whilst maintaining the safety of clients and colleagues. Read our latest update here.

Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.

Insights

How to know if divorce is the right option

Posted on 03rd December 2020 in Family Law

Posted by

Aimee Aspinall

Associate and Chartered Legal Executive
How to know if divorce is  the right option

There may be many reasons why separated couples do or do not want to divorce. It is sometimes seen as a hostile step, however this isn’t always the case. Divorce can often be the right step for both parties.

 

Finality

It is often the case that couples will agree to separate and sort out arrangements for their children and finances before speaking to a solicitor. In those cases, there are a couple of options available, including having a Separation Agreement drawn up to reflect the agreement, or, proceeding straight away with a divorce and obtaining a financial consent order.

Neither route is right or wrong but divorcing and obtaining a final order is the only way to (a) end the marriage, and (b) resolve all financial claims without scope for these being reopened later. Separation Agreements are usually prepared in contemplation of divorce after a period of 2 years, which means the issues need to be revisited at that time. A lot of clients prefer to deal with everything “in one go” thereby avoiding extra costs and the further emotional labour in the future. A ‘clean break’ and dismissal of further claims can only happen on divorce.

 

Financial

Where parties own a number of properties, there are tax efficient ways of dealing with them in the ‘tax year of separation’ i.e. by 5th April after separation. Legal and financial advice would be necessary in this instance.

It's also worth thinking about how pensions, which in most cases represent the most valuable assets of the marriage. They are sharable in the same way as other capital, such as equity in a home, but this can only happen by Court order (by consent or otherwise) as part of divorce proceedings.

We provide specific financial advice for this.

 

Spousal Maintenance

Sometimes, there is not enough capital to meet both parties’ needs and there may be an imbalance in respect of income/income needs meaning one party requires some ongoing financial support, known as Spousal Maintenance.

Maintenance can be paid on a voluntary basis, without divorce proceedings, but where there might be a disagreement over the duration or level of maintenance, or whether this should be paid at all, it might be necessary to make an application to Court for financial orders, including maintenance pending suit. This can only happen once divorce proceedings have been started.

 

For further information about any part of divorce and seperation, or to talk to one of our dedicated Family team, visit their hub page.

Contact our legal experts

 


 

Paper plane

 

Get the latest news straight from our legal experts.

Subscribe to our newsletter to recieve current, dedicated, suppport and guidance from our solicitors straight to your inbox, wherever you are.

Company & Industry

Related Insights

Insights

What to do when a loved one has lost the mental capacity to deal with their own affairs

Posted on 15th October 2021 in Safeguarding Vulnerable Clients

When a person loses mental capacity, they cannot usually put a Power of Attorney in place. Instead, in order to appoint someone to make decisions for them, an application needs to be made to the Court of Protection to appoint a deputy.

Posted by

Emma Ruttley

Solicitor
Insights

Is a glamping pod or shepherd’s hut a building?

Posted on 15th October 2021 in Planning and Licensing

In a recent decision issued by the Valuation Office Agency (VOA) it was confirmed that a shepherd's hut and a glamping pod met the definition of ‘caravan’.

Posted by

Amy Cater

Partner and Solicitor