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Divorce and Dividing Assets

Reasons to choose Wilson Browne

  • Direct access to your legal team
  • Transparent costs Range of Fixed fees
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*Before you call us please read the important information in the drop-down below:

Free initial call / exploratory discussion.

During the initial phone call with either a member of our New Enquiries Team, or an appropriate member of our Family Law Team, we’ll discuss the key aspects of your enquiry.

During this call we will take all of the necessary information to enable us to determine whether we can help – think of it as essential fact-finding. From here we can guide you on the best course of action, and the likely costs.

It is important to understand that we do not offer free initial meetings and neither do we offer free legal advice: we are unable to give legal advice until you formally retain our services and become a client.

When relationships break down and divorce seems the only option, it’s easy to see how disagreements arise…

Recognised as experts by clients and legal professionals, all of our lawyers are members of Resolution and are highly experienced: each has different strengths and specialisms.

Our Family Law solicitors are here to help.

The definition of Divorce / What does getting divorced mean?

For a married couple (including same-sex couples, or those in a civil partnership) divorce or dissolution is the legal process of ending a marriage/civil partnership through a Court procedure; it rarely involves the necessity to attend Court.

The majority of divorces proceed uncontested, which saves money, means reduced stress and less acrimony.

No fault divorce – The 6th April 2022 saw the introduction of significant reforms to the Divorce process in England and Wales for some 50 years.

Frequently referred to as ‘No Fault Divorce’, the Family Team at Wilson Browne Solicitors welcome these reforms for our Clients, however we acknowledge that they are not without their own limitations, the full of extent of which is yet to be seen.

  • Background: The introduction of the Divorce, Dissolution and Separation Act 2020 has been long awaited, with Family Law practitioners advocating for these reforms for many years. The aim was to update the legislation so as to encourage amicable separations, rather than force parties into a point scoring, finger pointing process.
  • Under the previous legislation, when a couple had been separated for less than two years, it was a requirement that one party ‘blame’ the other party for the breakdown of the marriage as part of the divorce application, by either evidencing a party’s adultery or setting out examples of a party’s unreasonable behaviour.

How long does it take?

Typically 6 to 8 months, if not defended, and proceedings can be issued after 1 year of marriage/forming of a civil partnership. If it is an uncontested divorce and proceedings can be issued after 1 year of marriage/forming of a civil partnership

The home and finances

The family home is often central to the break-up given that it’s likely to be the single biggest asset.  We’ll help you reach the best possible settlement which could be a lump sum payment, transfer of the legal title, or sale.  (As part of the process you should be prepared to fully disclose your finances to your former spouse.)

What if your partner won’t sell or agree on settling the finances?

We can issue Court proceedings on your behalf for determination by the Court, regarding what your respective interests are and/or a sale of the property. This means that you can use the money to get on with your life.

Also, when people separate there will be considerations about:

  • how savings and other capital assets will be divided,
  • who is to be responsible for any debts,
  • what (if any) on-going maintenance is payable,
  • issues such as pension sharing and,
  • the division of business assets.  

What if you and your partner agree on a financial settlement?

If you choose not to get divorced or obtain a dissolution, some couples decide not to issue proceedings immediately (following separation) but may  wish to formalise any agreement in relation to children and property.

This can be incorporated into a Deed of Separation to give both parties certainty in separation until such time as divorce/dissolution proceedings follow at a later stage.  If you do reach an agreement and want to obtain a divorce immediately the settlement can be drafted into a Consent Order and lodged with the court once you obtain your Decree Nisi, if approved a judge, the settlement will become biding.

Divorce or separation can be costly: we aim to make the costs as manageable and predictable as possible.

When you instruct us, you will always be kept informed of costs in a clear and easily understandable way. You’ll be given an estimate of fees in advance and we will not begin any work until you are happy with our estimated costs.

When you contact the Family Law team, you’ll be drawing on the experience and expertise of one of the most established teams in the area which offers the convenience of meeting you at one of our offices across Northamptonshire and Leicestershire in Northampton, Kettering, Corby, Higham Ferrers, Wellingborough and Leicester.

Our Family Law team has been recognised by the Legal 500, a Who’s Who of the legal profession.

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