Divorce and Family Lawyers

Getting a divorce

Divorce, no matter the length of the marriage or reason for breakup, is an emotionally challenging time. We understand that these times require a sensitive approach and clarity of legal advice.

What will be discussed

• Divorce - best process for you, costs and timescales;
• Financial matters - options for dispute resolution financial disclosure, a financial application to the court including details of the process and procedure, the approach of the court in dealing with income, capital, pension claims and interim financial arrangements as well as costs and timescales;
• Children’s matters - parental responsibility, living arrangements, contact arrangements, school arrangements, any concerns arising, issuing a children’s application including details of the process, costs and timescales;
• Likely costs and funding options.

Pre-nuptial and post-nuptial agreements

When planning to marry you may be considering the protection of your assets in the event of the breakdown of your marriage, in which case we can advise on the entering in to this agreement. Both partners will need to seek independent legal advice and enter into the agreement no less than one month prior to the marriage taking place.

A post-nuptial agreement is the same as a pre-nuptial in terms of protecting your assets, however as the name suggests this agreement is arranged after the marriage has taken place.

We have a podcast and article on pre-nuptial and post-nuptial agreements to give you more information. 

Civil partnerships

Forming a civil partnership as a couple, is a legally recognised relationship. This option is open to both same-sex and opposite-sex couples. In the same way as with marriage, you are able to protect your assets should the relationship breakdown. This is done through a pre-civil agreement which we are able to guide you through the process of.

Should you or your partner want to end your civil partnership, where with a marriage you would do this through divorce, a civil partnership is ended by dissolution. The process of which however is essentially the same, and we are experienced in advising on these matters.

Cohabitation agreements for unmarried couples

It is a common mis-conception that those that live together but are not married or in a civil partnership, have 50/50 rights to one another’s assets in the event of a relationship breakdown. However, this isn’t the case. Unless you have entered into a co-habitation agreement your legal rights will be limited.

We are able to advise on the formation of these agreements, guiding you through the options open to you.

Mediation, arbitration and collaborative approaches

Taking the process of divorce or dissolution into court should be seen as a last resort. Mediation in the first instance has been deemed compulsory in recent years.

Arbitration

Arbitration is a flexible, confidential, quicker method of dispute resolution. With both sides appointing independent arbitrators who hear evidence from both sides. Then with an understanding of what each side wants to achieve they form a binding decision, or arbitral award, which is later endorsed as an order by the family court.

For further information on the arbitration process and the answers to frequently asked questions, please read our guide to arbitration and divorce here.

Collaborative

We have trained collaborative lawyers who specialise in this approach to divorce. This option removes the formality of a normal divorce, reducing the cost of proceedings, and in many cases can reduce the tension and stress a formal divorce method can place on both parties.

To understand more about the process, including the preparation of your aspiration statement, how the lawyers will prepare prior to your first meeting, and what to expect in the first four-way meeting and beyond, please view our guide and associated podcast here.

Childcare arrangements

With a relationship breakup, if you have children together, you will naturally begin to consider the arrangements moving forward. This is understandably an emotional process. Whether it is the care and access arrangements or maintenance costs, there are important issues to consider. Couples are however encouraged to reach an agreement outside of court, with which our experienced team can help. In the event it is not possible to come to an agreement, we are able to guide through the process of taking the matter to a family court.

We have covered many of the frequently asked questions around this delicate area of divorce in our guide to child arrangement orders.

Pet care arrangements

A pet is often likened to being a member of the family, and rightly so. As such in the event of a breakup the care of and access to your pet is likely to be a matter you would like to discuss and we are able to assist with this.

For an initial overview, please read our article on who keeps the pets in a divorce. 

Financial, property and pension arrangements

When you work hard to gain the assets you rightly have it is understandable to want to protect them. Whether entering into a marriage or civil partnership or filing for divorce or dissolution, these factors are rightly at the forefront of your mind.

Financial and property

We can provide you with the right advice as to how to settle matters with your spouse regarding the division of assets such as any savings, pensions or the family home.

Pension

Many people rarely consider the implications of divorce on pensions, this specialist area has been discussed by our expert team in our Treatment of Pensions on Divorce podcast.

LGBTQ+ Lawyers

At Wright Hassall we are fully committed to supporting the LGBTQ+ community. Our core values are predicated on providing a service that promotes inclusion, diversity and difference. We understand that no two clients are the same and that is why our ethos is to be recommended by every client, every time. 

Further to this, we have an Equality, Diversity and Inclusion committee who are dedicated to ensuring Wright Hassall is an inclusive community for both staff and clients.

Our team understand the breakdown of a marriage, civil partnership or co-habitation agreement can be an extremely challenging time for all involved.  Our expert family lawyers understand the sensitivities involved and will guide and support you through the practicalities of separation and advise you on the best ways of protecting yourself and your future.

Our lawyers fully understand the often difficult and sensitive nature of LGBTQ+ family circumstances. Making decisions about your and your family’s future can be daunting and the consequences of those decisions can be far reaching. Our family lawyers will help you throughout the divorce process, giving you piece of mind and ensuring the best outcome for you.

Same sex divorce

UK divorce laws remain largely the same for both same sex and opposite sex marriages. Currently, these laws state that the only grounds for divorce are that the marriage has broken down irretrievably. Until April 2022 when No Fault Divorce will come into law, if you are in a same sex marriage you must be able to prove grounds for divorce based on one of the following reasons:

1. Unreasonable behaviour (the most common reason cited in divorce proceedings)
2. Two years separation, with your spouse’s consent;
3. Five years’ separation without consent;
4. Desertion for a period of not less than four years.

Implications for same sex couples

For married couples of the opposite sex, there is a fifth reason not available to same sex couples, namely adultery. This is because, in the eyes of the law, adultery is defined as sexual intercourse outside marriage with someone of the opposite sex. As yet, the law does not recognise extra-marital sex with someone of the same sex as adultery. However, a divorcing same-sex couple would be entirely within their rights to cite unreasonable behaviour, as evidenced by extra-marital sex, as the reason for the marriage breakdown.

Other than citing adultery as a ground for divorce, the process of getting a divorce for a same sex married couple, is the same as getting a divorce for opposite sex married couples.

Dissolving a civil partnership is similar to a divorce, but this requires a dissolution order, with the process normally taking around 3-6 months.

Co-habiting couples

In our article on co-habiting arrangements we explored the worryingly common misconception that co-habiting couples (those that live together but are not married or in a civil partnership) of any sex, benefit from a 50:50 split of assets on separation.  In fact, co-habiting couples have extremely limited legal rights to their partner’s assets if they decide to separate.

If you are in a same sex relationship and cohabiting, but are not married or in a civil partnership, our team can help you explore the various options available to you such as a cohabitation agreement which is a binding contractual arrangement between both parties and is therefore enforceable. They can be varied by agreement at any time and updated as both parties’ positions change.