Family & Divorce

Divorce & Separation Legal Advice

We appreciate that coping with the process of separation and divorce is emotionally one of the hardest things you will ever experience. The implications such as the effects of divorce on children and resolution of financial issues are additional concerns that we will seek to prevent.

We offer support and advice for our clients in the following areas:

  • Divorce
  • Foreign/Multi-Jurisdiction Divorces
  • Civil Partnerships
  • Parental Responsibility in Same-Sex Relationships
  • Separation for Business Owners/Self-Employed
  • Cohabitation
  • Prenuptials
  • Prenuptials for Civil Partners/Same-Sex Marriages (Financed and Children)

We firmly believe that the key to reaching a positive settlement is through maintaining a civilised relationship between all parties. We always aim to keep conflict to a minimum for a smoother path to resolution.

Need Expert Advice? Contact Our Family Lawyers

Frequently Asked Questions

A: This is a decision for you. We will advise you whether you have grounds for divorce. If you have strong views against divorce, a separation could be the solution. We can assist you with either a divorce or an informal separation. Both of which we will address any financial implications and arrangements regarding children.

A: Once a divorce is finalised, it will mean that your marriage has legally ceased and both parties are free to remarry.

A: We offer a fixed fee package to cover the expenses of the divorce. The costs to deal with other issues arising will be determined on a case-by-case basis, taking into account various factors, including the length of time taken for both parties to reach financial agreements and decisions regarding children. If you cannot come to a decision, the Court will decide. This can work out far more costly. Please see our ‘Fees’ page for more information.

A: This depends on the circumstances surrounding the divorce. If both parties have reached an amicable agreement regarding the financial settlement, it could settle in as quickly as six months (subject to Court timescales.) However, if an agreement isn’t settled, the court process will inevitably take far longer and consequently become a lot more expensive.

A: Although you have to apply to the Court to obtain a divorce, you will only need to attend Court if there is a dispute about other issues such as the financial settlement and/or children. As members of Resolution, we will ensure emotional distress is kept to a minimum if meeting face-to-face.

A: Collaborative Law is a family law process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of Court and to achieve a settlement that best meets the specific needs of both parties and their children, without the underlying threat of contested litigation. The voluntary process is initiated when the couple sign a contract binding each other to the process and disqualifying their respective lawyer’s right to represent either one in any future family related litigation.

The collaborative process can facilitate a broad range of other family issues. This includes disputes between parents and the drawing up of pre and post-marital contracts.

A: We will advise you as to the circumstances where you can apply to the Court to make an order that your spouse pays your costs for the divorce. The order for costs would not be made until the Decree Nisi stage of the divorce. You would need to ensure that you have the funds available to commence the proceedings. Even then, an order for costs does not guarantee that your spouse will actually pay. However, this only covers the costs of the divorce itself. The costs to deal with any other aspects, such as with regard to the financial settlement and/or children would need to be funded separately and as a rule costs orders are generally not made in those proceedings.

Child Law Partnership can offer different levels of service according to your financial circumstances. We would talk to you about our fees and your circumstances at our initial meeting. For example, rather than prepare and issue the divorce on your behalf, we might be able to assist you to deal with the court paperwork yourself, to keep your legal fees down.

A: Child Law Partnership takes the issue of domestic violence very seriously. If you think your spouse will react violently towards you when given divorce papers, there are steps that we can take to protect you and the children. In such circumstances, we can apply to the court for a Non-Molestation Order (commonly known as an Injunction). This will prohibit your spouse from using or threatening violence towards you and the children. Where appropriate, the order can prevent your spouse from coming near your home, place of work and children’s schools.

Where necessary, you can obtain an application without your spouse’s knowledge. We would time the application to coincide with issuing your divorce petition. Your spouse will then get the injunction order at the same time. A breach of an injunction order is a criminal offence. The police would have the power to arrest your spouse and charge them if he or she breaches the terms. We would liaise with you throughout this process to work out the best way of ensuring safety.

A: Generally the Court will not make a decision regarding the children unless there is a dispute between you. It is best if you can come to an agreement outside of the Court with the child’s best interests taken into consideration. If an application is made by one parent, the Court may decide which parent the child will live with and the time the child will spend with the other parent.

A: This is a complex issue with many factors to consider; including the length of your marriage, financial contributions during the marriage, your needs, and the overall financial assets.

A: If you entered into a same-sex marriage, your case will be treated identically to a heterosexual couple.

A: Please do not hesitate to contact one of our offices. We can talk you through the next steps and book an initial consultation. We have offices situated in Basingstoke, Guildford, Southampton and Salisbury.

Contact our Separation and Divorce Lawyers, Basingstoke, Reading, Portsmouth, Guildford, Salisbury & Southampton

If you require any assistance of advice regarding Separation or Divorce please do not hesitate to contact us at CLP. We are here to help you and your family through tough times sensitively to suit the needs of everyone involved. Contact us today on 01256 630080.

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