Relationship Breakdown and Divorce - TWP Solicitors

RELATIONASHIP BREAKDOWN & DIVORCE ...

Our family team are here to help with any legal aspect of your relationship difficulties or family problems. We always aim to deal with matters in the most constructive and conciliatory way. We appreciate and empathise with the problems and issues faced at such a difficult emotional time. We hope you find the information helpful. We would suggest that before embarking on any legal process, that you seek formal legal advice specific to your own situation.

There is a common belief that couples who live together and perhaps have children gain certain rights because they are “common-law” husbands and wives. No such legal status exists. The correct legal term for this sort of relationship is co-habitation.

When couples are married and the relationship ends, matrimonial legislation enables the court to decide on and deal with the parties financial issues including maintenance for the children and division of property.

If a couple are co-habiting and that relationship ends, there is no legal recourse on the provision of
maintenance. It is possible to be left with nothing even if you have contributed financially to the relationship.

In the United Kingdom co-habitation agreements are becoming increasingly popular and, while not legally
binding documents, they can provide evidence of what you and your partner have put into the relationship.

Almost any circumstance can be provided for in a co-habitation agreement. It could cover for example:

• Financial matters
• How property is held
• An agreement about how any disputes between you can be settled

One advantage of a co-habitation agreement is that it will help you and your partner to consider the realities of a possible breakdown and how this would be handled.

It is important that you and your partner agree to a co-habitation contract freely and voluntarily and are fully aware of its implications. We would therefore recommend that you both take independent legal advice.

Circumstances change over time and it is important that your co-habitation agreement is kept up to date. We would suggest an annual review to ensure your rights are still protected. The Thrasher Walker Partnership personal, professional and on your side relationship breakdown and divorce when you need a helping hand.

Relationship Breakdown and Divorce - When you need a helping hand

	Co-habitation Agreements
	Costs - Funding Your Case
	Reconciliation
	Information Separation
	Judicial Separation
	Divorce
	Child Support
	Spousal Maintenance
	Division of Assets
	Pensions
	Property

At your first meeting with us we will assess whether you are entitled to public funding, and if so we shall help you apply for public funding to assist with some or all of your legal costs.

If you do not qualify we will provide you with an estimate of the likely cost of your case, our invoice procedure and payment terms. We will inform you in writing of our charging rates and fees.

We always endeavour to provide clear information about costs and provide revised estimates where required.

Each case is different so, whilst we can provide estimates regarding the likely costs, please be aware that standard or fixed rate charges are impossible to provide.

Many people seek help and guidance when their relationship is in difficulty. We will always discuss the option of saving the relationship and provide information, should you wish, to involve a reconciliation agency.

We will provide advice about consequences of the breakdown and how this will affect you.

This means living separately either under the same roof or at different properties. It does not usually involve court proceedings and can provide the space needed to make a long-term decision. We will advise on the merits of this in your own circumstances and help in trying to reach agreement with your partner.

Arrangements can be made concerning finances, property and children and can be incorporated in to a formal document called a Separation Agreement or Deed.

If no agreement can be reached, then we will discuss with you alternative options available and any court applications that may be necessary.

A judicial separation is only appropriate in a limited number of cases:
• If you have been married for less than one year and wish to resolve matters but cannot agree the details
• If the marriage has not broken down but you require agreement regarding financial matters
• If your strong religious beliefs prevent you agreeing to a divorce but you require the court’s approval of the arrangements
• If you are an older person and divorce would severely affect your financial position.

We will advise on the option that appears appropriate for your situation. We will prepare all relevant paperwork and help you through the court process.

There is only one ground for divorce and that is that you and/or your spouse believes the marriage to have ‘irretrievably broken down’ as shown by one of the following:
• Adultery
• Unreasonable behaviour
• Desertion for two years
• Two years separation with the consent of both parties
• Five years separation where consent is not needed

Divorce involves a court application and we will prepare the paperwork for you. The process may take between 4-6 months to obtain a Decree Absolute that confirms the end of the marriage. The timescale is an estimate only and depends upon the personal facts of your case.

The divorce process does not deal with children and financial issues and it is advisable to finalise these matters at the same time.

As a parent you have a legal obligation to financially support your child until their 19th birthday or they finish full time undergraduate education. This is normally called maintenance.

If your child lives with you and you are in receipt of state benefits (excluding child benefit) the CSA (Child Support Agency) must become involved.

If neither parent is in receipt of income support then you can try and agree maintenance between you, or failing that, apply to the CSA

We can help in the negotiations to reach an agreed figure. We can also provide you with an estimate of the CSA calculation if it is not possible to come to an amicable arrangement.

We can advise if a claim should be made and if it should be for a fixed period or long term.
There are 3 main types of maintenance:
• Ongoing – weekly or monthly payments
• Term – weekly or monthly payments made for a fixed period
• Capitalised – converting weekly or monthly payments into a lump sum

We will always consider whether a clean break would be most appropriate. An example of this would be one spouse receiving more capital instead of on-going maintenance.

Both parties need to give full disclosure of their financial circumstances. We will obtain valuations of all assets and details of any liabilities.
We will obtain advice from outside experts on complicated matters such as:
• Life and Endowment Policies
• Business interests and shares
• Pensions
We will always negotiate matters on your behalf. In some cases it may be necessary to start court proceedings to get the information required to achieve a full settlement.

This is a very complex area. Where appropriate, we will discuss the options in detail with you and advise on the best way forward.

A relationship breakdown will mean a decision has to be made about your property. The law says that the needs of any children come first and a suitable home must be maintained for them.

The 2 main options are:
• To sell the home and divide the net proceeds of sale
• To transfer the property to one spouse either:
a) Outright
b) For payment of lump sum
c) Retaining an interest
We will advise which is your best option and deal with the negotiation and/or court process. Whatever you decide about your property, we would advise you to reach an agreement about the division of contents to avoid additional costs.

We always advise that a will should be prepared following a relationship breakdown. We can guide you through this process.

Our expert conveyancing team can deal with the sale or transfer of your home and any remortgage you may need to make a payment to your spouse, and can deal with any new property you may buy.