Divorce and dissolution of civil partnerships

There is no such thing as a 'fault-free' divorce or civil partnership dissolution in England, but minimising bad feeling is in everyone’s interest. As members of the Solicitors Family Law Association, Resolution, we work to a Code of Practice that promotes moving forward without animosity.

If your family has international connections you may require urgent advice on how best to protect your financial position on divorce in this country. We will guide you as to what action you should take and when. We act quickly to protect our clients and have access to specialist lawyers in other countries should further advice be necessary.

Financial matters

The financial aspects of divorce are dealt with separately to the divorce process itself. The objective is to decide the fairest way of dividing your family’s assets, income and pensions according to your particular circumstances.

We will talk to you up front about the right approach for your case and discuss whether we need to involve the court at an early stage to protect your position, and what the financial and living arrangements will be in the interim.

The first stage of the process is exchanging disclosure of assets and income between both spouses. Once each party understands the financial picture, the process of determining a fair outcome involves negotiation with lawyers, with a third party such as a mediator or via the court process. There are no hard and fast rules about what is 'fair'; it depends on family circumstances, the history of the relationship and the needs of any children involved.

In the event that an agreement can be reached, neither party will need to attend court. However, if there are court proceedings you will be represented by us or by a barrister at any hearings. At the preliminary hearings the court will encourage the parties to reach a settlement agreement, but if that is not possible there may have to be a final hearing at which a judge will make a decision about the division of family assets. The majority of cases settle before a final hearing.

Parenting issues

Parenthood does not end with the breakdown of a relationship. Cooperating on parenting issues after a separation is in your child’s best interests and is a priority for parents.

Often there are differences of opinion about certain issues. Questions such as with which parent the child should live (including relocating abroad), where and how often each parent should see the child or how to finance children’s living and education costs can all cause dispute. We are committed to working with our clients as parents to reach a solution to all their issues, and we offer guidance on the many trusted avenues that may be explored including 'Parenting After Parting' workshops, mediation and family therapy.

A court application is the last resort for resolving disputes but sometimes it is a necessary step. We are experienced at both negotiating outcomes and contesting court applications. We discuss the right approach with our clients at every turn, always with the children’s best interests in mind.

Living together

There is no such thing as a 'common law spouse' in England but that does not make splitting from a long-term partner any less complicated or stressful. We have the expertise to advise unmarried clients on rights in relation to all issues connected with living together.

Property sharing can give rise to disputes about ownership. If you are not married and separate from your partner, neither you nor your partner will be entitled to maintenance for yourself or to a share of any assets that are not in joint names. Finances for children are dealt with separately.

You may prefer to seek advice before you take the big step of living together with your partner. Recording your wishes in a cohabitation agreement, which is similar to a prenuptial agreement, can be a wise precaution.

Prenuptial and other types of agreement

The English court is taking prenuptial agreements into account as one of the factors when deciding the division of assets on divorce, although they are currently not legally binding. Some couples now wish to enter into these contracts, either before (prenuptial) or after (post-nuptial) their marriage or civil partnership.

Prenups can provide protection to someone who has been through a divorce already and wants more certainty in the event this happens again, or to safeguard family money for future generations.

There are other situations where an agreement might be right for you. If you and your spouse want to agree financial and practical arrangements for your separation you could enter into a 'separation agreement' prior to divorce. Alternatively, if you are already married and want to move forward in your relationship without worrying about what might happen if the marriage breaks down, you might consider making a post-nuptial agreement to clarify financial issues.

The negotiation and drafting of such agreements needs to be handled with care. Expert advice is required to give the agreement the best chance of being upheld and to ensure that you and your partner understand its implications. As well as the legal process, they are often emotive and sensitive to draw up and we will provide you with the necessary practical guidance and emotional support.

Fertility law and adoption

Advances in fertility technology are changing the way we think about growing families. Assisted reproduction, egg and sperm donation, surrogacy and adoption, either within England or internationally, are alternatives to which many prospective parents turn if they cannot conceive naturally.

A biological link with a child does not necessarily mean that a person will automatically acquire parental rights. If someone travels abroad for treatment, or to adopt, they can find that even though they and their partner are parents under the law of the other country, they may not be parents in the eyes of English law. That can have serious consequences when bringing a new family member home, so taking high quality specialist family law advice at an early stage is essential. We can help you create a plan and implement it to build the family you have always wanted.

Domestic violence

English law protects the vulnerable from physical and emotional abuse in a relationship. In situations where a person is suffering violence or abuse in a relationship we can offer advice and practical help to safeguard the victim and their children.

Mediation

Mediation is a voluntary process where a mediator acts as an independent third party to encourage dialogue between two clients. It is often a good way for you to agree an outcome outside court. Mediation can be used to resolve a wide-range of issues at any stage. It is flexible, cost-effective and means you can reach agreement between yourselves.

Mediation usually begins with an ‘intake’ meeting where each client meets with the mediator to find out more about the process, discuss their concerns and see if mediation will be suitable for them. Following the intake meetings, a first joint meeting is usually then organised where both clients will sit down with the mediator to draw up an agenda for the coming sessions. Mediation can usually be concluded within five sessions but this will be dependent on the progress made at each meeting and the scope of the agenda. Once a proposal is reached that is acceptable to both clients, a summary is prepared by the mediator to then be passed to the clients’ solicitors. You can take advice from solicitors outside the process to inform the discussions.

Both Peter Burgess and David Lillywhite are Resolution-trained mediators. Peter and David are available to mediate individually or together.

Collaborative Law

Collaborative law is another process developed with cost-effectiveness in mind. The process involves you, your partner and two lawyers all working together towards a solution through a series of 4-way meetings. You agree at the start that if the matter ends up in Court, neither lawyer will be able to act for their client.

You will feel more in control of your matter than if the court was involved and the emphasis on everyone working together as a team ensures that emotions are kept in check as far as possible. Much like mediation, the collaborative agenda is set by you and your partner.

Specialist advice (for example, from an accountant, independent financial advisor or pension specialist) can also be taken where appropriate to ensure that any solution remains workable. Once agreement is reached, the collaborative lawyers will then draft and file the appropriate documents.

David Lillywhite is a Resolution-trained collaborative lawyer and can assist with any further enquiries.