Often a divorce is the last step in a long process of uncoupling. Inevitably there is hurt and regret along the way, but everyone is different as to how and when. Very often some aspects of a separation and divorce are amicable, while others may produce friction.
As lawyers we see our job as being to build on points where there is agreement. Very often the couple are undecided as to who should initiate the divorce proceedings. It does not matter much in England who starts the divorce proceedings, and so deciding which of the couple should take that step is often the first point of agreement.
Another matter that is very often amicably sorted out is the practical arrangements as to who might leave home, what property is taken, who is to look after the pets etc.
Where there are children, again very often we find that parents can genuinely decide what is best for the children regardless of their own feelings about the situation.
Money matters inevitably cause the most friction, but again most couples sort them out. Going to a lawyer helps sort them out, because as lawyers we are used to analysing financial arrangements. Often just identifying the key issues helps, bringing clarity to the process. We find that once people can understand that actually they are only apart by relatively small issues – whereas they may have thought that they were apart on quite major issues – helps resolves things.
But reaching an amicable settlement does not mean that one party gets their own way! As lawyers we are always conscious of the need to get to an end-solution. That is why we think in terms of using the court process as a goad to break a deadlock. We do not encourage people to litigate for the sake of it. Where we recommend issuing proceedings, it is because we want to put a timeline on the whole process.
The very great majority of our matters end up being resolved by agreement. Talking to us is the first step.
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Divorce FAQs
Here are a selection of common divorce-related questions, particularly those relating to the new no-fault divorce. If you have unanswered questions, please contact us using the form above or you can contact us here.
Do I need to attend court in person when I get divorced?
In most cases, neither party attends court in person. Basically, the process is administrative.
Will the chosen grounds for divorce affect the likely financial settlement?
No. Some people assume that if they admit to adultery (for example) this will have a bearing the court’s decision or the financial settlement. This is not so. Under normal circumstances, the chosen fact on which your divorce is based has no bearing on its outcome.
Can my self-employed husband pay himself less salary during the divorce to reduce his financial settlement?
There are several ways in which someone’s true income can be evaluated. It should be possible to obtain disclosure of your husband’s past business accounts and then argue to the court that any maintenance for you should be calculated on his real income, not a reduced salary that he chooses to pay himself in the short term.
If our planned divorce is amicable, can we both come and see you for legal advice?
Normally, the same legal firm cannot act on behalf of both husband and wife but in exceptional cases it can happen. It would be best for you to speak to us about it.
Can I pay for your services from my financial settlement?
We do try to be as flexible as we can about payment and in some specific situations we have taken a large share of the payment at the end of the case, but it very much depends upon your circumstances. If your money is tied up until the divorce is finalised there are also other
Do I need my marriage certificate to get divorced?
Usually, yes you will need to provide a marriage certificate to start divorce proceedings. If you can’t find your certificate, it is possible to apply for a replacement. Sometimes we have to get a court order to accept the fact that you were married when there just is no record at all.
Are the details of my divorce made public?
Minimal information regarding your divorce is made available to the public. It is possible for the press to publish that your divorce has been pronounced and the fact on which the divorce was based (e.g. unreasonable behaviour) but no further details are published. However, the vast majority of divorces are of no interest to the press and for practical purposes are never disclosed.
Still have questions?
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