How do I choose a solicitor?
You should look for a solicitor who is a specialist in family law and who is preferably a member of Resolution – First for Family Law which accredits solicitors with expertise in family law. A solicitor who is a member of Resolution – First for Family is committed to trying to resolve issues arising from a separation between married or unmarried couples in a constructive, amicable and cost effective manner.
You should be able to find a firm which has specialist family lawyers in the Yellow Pages or from your local Citizens Advice Bureau or from the Resolution – First for Family Law website www.resolution.org.uk.
Mark Hepworth is an accredited member of Resolution – First for Family Law. Nina Banerjee is also a member.
What should I bring to the first meeting?
You should try and obtain as much information as possible and bring it with you to the first meeting in order to enable your solicitor to provide you with meaningful advice about financial issues arising from the separation. This should include up to date values of any assets including the house, stocks, shares, savings, cars and pensions and also details of any liabilities or debts such as loans, store cards or credit cards. You should also try to work out your weekly or monthly income from all sources and also that of your spouse/partner.
If possible, bring relevant documentation such as recent wage slips, bank statements, share certificates, mortgage redemption statements etc to the meeting.
How long will a divorce take?
A straightforward divorce, which is undefended, is likely to take between 5-6 months to conclude provided that there are no problems or delays. In a complicated case where there are problems over children or money, this process may take a lot longer but this is not very common.
How much will it cost?
Your solicitor is under a duty to provide you with an estimate as to your likely costs at the outset of the case. You should be aware that it is sometimes difficult to give an estimate as to the level of costs as much will be dependent on how quickly an agreement can be reached in relation to financial and/ or children issues and whether or not court proceedings have to be instigated.
Denison Till is committed to providing a high level of service to clients which includes the provision of regular written costs updates throughout the case, so there are no surprises at the end.
What am I entitled to?
The fundamental point that must be clearly understood is that it is impossible to make precise prediction as to how assets should be apportioned between husbands and wives as the Judge’s decision in this regard is discretionary. However, there are certain matters that a Judge must take account of before making a final decision which are as follows:
- the interests of any minor children of the family.
- the age of the parties
- their health
- their earning capacity now and in the future
- their capital
- the length of the marriage
- pension provision
- their needs
- prospect for the future
- contribution both financial and “domestic”
- any other relevant circumstances
The starting point for a division of any assets is a 50/50 split but assets may be divided in any other proportions, for example 60/40 or 70/30, if it considered that there are good reasons in the case to depart from equality.
Every case has to be considered separately on the facts and your solicitor should be able to advise you upon the possible outcomes which may be ordered by the court once both parties have made full and frank disclosure as to their respective financial and personal circumstances.
Will I automatically get half of my husband’s / wife’s pension?
Relatively new laws in relation to pensions means that a pension fund can now be split into two, otherwise known as Pension sharing, provided that the Divorce Petition was filed at court on or after 1 December 2000. How much you get, if anything, depends upon a variety of factors such as the length of the marriage, your respective ages, whether you already have a pension of your own, the size of your respective pensions and your ability to build up your own pension fund by the date of your retirement.
Once again, your solicitor should be able to advise you upon whether Pension sharing orders are a relevant consideration in your case.
