Divorce, Separation and Financial Settlements
There are three aspects to the divorce legal progress; divorce proceedings, children and finances. We will explain the divorce procedure and how the court could determine your financial settlement in full when we meet. We provide a large new client information pack. The flow chart is an example of one of our aids to explaining the divorce process.
Just like a parent the Court places the first priority on the children’s needs and welfare. The Court interprets how this should be applied. The statutory position is set out in The Children Act 1989. Children are not chattels and this is recognised by the Court. The Court can determine where your children are to reside and contact/time for the non-resident parent. A Court process should be embarked upon only if mediation fails. We can assist in providing legal advice during or after mediation. We can settle your Parental Responsibility Agreement.
Agreements between cohabiting couples are nowadays more frequent. Pre and post-nuptial agreements may become more common since the Supreme Court recent ruling in favour of Karin Radmacher. In this case, Karin Radmacher’s husband Nicolas Granatino attempted to challenge their pre-nuptial agreement made to protect her inherited fortune. The Court said that they would allow the terms of the pre-nuptial agreement unless it was not fair to hold the parties to the agreement. It is understood that Kate and William now the Duke and Duchess of Cambridge may have entered into a pre-nuptial agreement before their marriage.
We can settle for you your cohabitation pre and post-nuptial agreement but there will have to involve full financial disclosure in order to assist us in persuading a Court to uphold the agreement.
Support during the mediation process
If you decide to attend mediation with your ex-partner to deal with issues such as finances or the children we can advise you at each stage of the litigation process. During the process of mediation it is very important to ensure that you can negotiate on equal terms. It is also important that you obtain legal advice at all stages to ensure that the agreement that is being negotiated is within the range of what the Court would consider to be fair and reasonable. We can support you during the mediation process.