We look at a new year as a time to make new resolutions, plans and adventures for the coming 12 months.
Many in unhappy relationships consider this a time to make decisions about their future.
January is known in Family Law for being a busy time with people wanting to separate, issue divorce or dissolution proceedings to get the ball rolling to enable them to move on.
Going through Divorce proceedings will end the marriage, but it does not deal with any related financial matters such as the family home, savings or pensions and does not deal with resolving arrangements for any children.
It is advisable to try and keep things amicable, and communication is key. It is important to ensure that discussions about finances are done with knowledge of what the matrimonial assets are worth, and it is important to seek legal advice at an early stage to assist with negotiations. Negotiations can take place via solicitors, through mediation or directly between the parties to the marriage. Where settlement is reached this can be recorded in a Consent Order.
Whilst it is not necessary to make an application to the Court to deal with finances, the factors the Court take into account should be applied within negotiations, and if matters cannot be agreed then an application to Court can be made to resolve matters. This is not a quick process, but does set a timetable for financial disclosure to take place with a number of Court hearings to bring matters to conclusion.
Arrangements for children do not form part of Divorce proceedings, and it is usual that parents can come to agreement for the care of their children between themselves. However if it is not possible to agree then negotiations can take place again via solicitors, or thorough mediation. If matters remain unresolved an application can be made to the Court for an Order under The Children Act 1989.
It is important to have the benefit of legal advice when relationships beak down to ensure that you are aware of the legal position as it relates to you and your circumstances. Friends and family will be eager to offer support and some may have gone through a separation themselves previously, but legal advice will be tailored to your own position to allow you to make informed decisions and know where you stand.
Waldrons offer initial free options appointments for divorce and financial matters, where we will guide you through the process and which option is best for you.
Waldrons offer fixed fees for uncontested Divorces, whether you are starting proceedings as the Petitioner or, whether you have received divorce papers as a Respondent. We offer a payment plan for the cost of the fixed fee divorce to be spread over 6 months to help you budget.
Waldrons offer fixed fee initial appointments for matters relating to children, and provide advice on the best course of action to take.
If you wish to discuss matters please contact us on 01384 811811 where we will be happy to make an appointment, by telephone or in one of our offices, so that we can start to help you to move on.
