Divorce

When you are contemplating a divorce, you want to know what a wife is entitled to in a divorce settlement. In this blog, our divorce solicitors answer your questions on divorce financial settlements and entitlements. For expert family law advice call our team or complete our online enquiry form. A wife’s entitlement to a divorce settlement After no-fault divorce proceedings are started a husband or wife can start financial proceedings in the family court for a financial court order to provide them with a divorce settlement. The divorce court has the power to make a range of financial court orders, including: Spousal maintenance Payment of a lump sum Sale of the family home and division of the equity in it Transfer of the family home from joint names or one spouse’s sole name to the other spouse Sale or transfer of investments Sale or transfer of shares in a family business Pension sharing In limited circumstances, the court can also make child support orders, such as top-up child support or payment of school fees. In every application for a financial court order, the court has the power to make all or some of these orders in favour of either a husband or wife. The court decision isn’t based on gender but on a range of statutory factors. These are referred to as the section 25 criteria by divorce solicitors. What will a wife get as a divorce settlement? What a wife will get as a divorce settlement depends on the section 25 factors. In the UK there is no statutory formula to say that the wife gets the family home or the husband keeps his pension or business. Instead, divorce solicitors have to look at all the circumstances and the section 25 criteria. If a couple has dependent children, then the divorce settlement will be shaped by the children’s needs. That’s because section 25 factors say that the court’s first concern should be the welfare of those dependent children and how their needs will be met. If the children will continue to live with the wife, then the children and wife will need a house to live in and enough income either via the wife’s salary or child support or spousal maintenance (or a combination of the three) to pay the outgoings on their family home and other reasonable expenditure. The section 25 criteria The section 25 criteria are: The income, earning capacity, property, and other financial resources that each of the parties to the marriage has, or is likely to have in the foreseeable future. This includes in the case of earning capacity, any increase in that capacity which it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire The financial needs, obligations, and responsibilities that each of the parties to the marriage has or is likely to have in the foreseeable future The standard of living enjoyed by the family before the breakdown of the marriage The age of each party to the marriage and the duration of the marriage Any physical or mental disability of either the husband or wife The contributions made by the husband or wife or likely to be made in the foreseeable future to the welfare of the family, including any contribution by looking after the home or caring for the family The conduct of the husband or wife if that conduct is such that it would in the opinion of the court be inequitable to disregard it The value to each of the parties to the marriage of any benefit (for example, a pension) which, by reason of the end of the marriage, that party will lose the chance of acquiring [related_posts] Applying the section 25 criteria to work out the divorce settlement A divorce solicitor is experienced in advising on how the section 25 criteria may apply to your circumstances and explaining about the range of likely orders. That expert advice can then help you reach an agreed divorce settlement either through solicitor negotiations or in family mediation. The divorce solicitor can then help you convert your agreement into a binding financial court order. Without knowing about your financial and personal circumstances a divorce solicitor can't advise you on the likely range of orders as the background information is crucial to the outcome of the divorce settlement. The information will involve financial disclosure as, for example, you will need to know the value of the family business or if there is a trust fund or an additional pension. If a spouse is not willing to give financial disclosure voluntarily it may be necessary to apply to the court for a financial court order as the family court can make disclosure orders as part of the financial application process. The divorce settlement process Our divorce solicitors understand that it is frustrating when a divorce solicitor will not give you what you think should be a straight answer to your question about what a wife will get as their divorce entitlement. That’s because the answer varies on the information you give us about your family circumstances. For example, a wife who has been married 20 years may be entitled to half of all the assets (sometimes over 50%) but a wife married for 12 months, and who signed a prenuptial agreement before her marriage, may end up with a very modest divorce settlement. The first step in sorting out a divorce settlement is speaking to a specialist divorce solicitor to understand the information they need and how it applies to your situation. For expert family law advice call our team for an appointment or complete our online enquiry form.

When is a marriage a marriage? How do Sharia Law and Divorce work together? These are the questions that you may need to ask if you are considering separating from your husband or wife. Under English law, if a marriage is recognised as a legal marriage, a husband or wife can make financial claims against the other spouse’s assets. Whilst they might be able to make limited property claims as a cohabitee the financial claims that a spouse can make are wide sweeping. For expert family law advice call our team or complete our online enquiry form. The Nikah, Sharia Law and Divorce  Until a court decision a few years ago, if a Nikah ceremony was carried out in the UK the traditional Sharia law Nikah marriage wasn’t recognised in England and Wales as a legally valid marriage unless the couple also underwent a civil ceremony in a registry office. The second civil ceremony was classed as the legal marriage for official purposes. For most couples who celebrated a Nikah the thought that they were not considered legally married despite their traditional marriage ceremony, family celebration, and their recognition as a couple by family and friends, was repugnant. The law isn’t straightforward. If a couple celebrates a Nikah in a country that recognises Sharia law (and therefore the Nikah is a legally valid marriage in the country where the Nikah took place) the Nikah is recognised as a legally valid marriage in England and Wales. With the court ruling, a Nikah that takes place in England may be sufficient for a husband and wife to be classed as married even though they have not participated in a civil ceremony. Why is it important for a marriage to be legally valid in Sharia law and UK divorce law? If you are not legally married under English law then on separation you do not need to start divorce proceedings because under English law your relationship isn’t recognised as a marriage. Under the law, you are treated as if you were a cohabiting couple. That means that you can’t: Apply for spousal maintenance Apply for a share of your partner’s pension Apply for a share of your partner’s house unless you are a joint legal owner or have what is known as a beneficial interest in the property Apply for a share in your partner’s other assets such as shares in a family business if the shares are all held in his or her name As there is such a vast difference in how married and cohabiting couples are treated by the law on separation it is vital that couples know where they stand and whether their marriage is legally recognised or not. Divorce Court ruling on Sharia law divorce and marriage In a high court case, a Mrs Akhtar sought a divorce from her husband, Mr Khan. He opposed the divorce on the basis that they weren’t legally married having participated in a Nikah ceremony in a London restaurant conducted by an Imam with about 150 guests as witnesses to the celebration. The judge ruled that the marriage was void. This decision allowed Mrs Akhtar to bring the financial claims of a spouse, claims that she wouldn’t have been able to pursue if the court had ruled that the Nikah was a non-marriage. Does the legality of marriage ceremonies just affect those participating in Nikah weddings? Many people have been caught out, believing that they are legally married only to find out many years later that their ceremony isn’t a legally recognised marriage, for example, being married at a venue that doesn’t hold a licence to perform weddings and not subsequently participating in a civil ceremony. This can also affect couples who are married at a traditional Jewish ceremony or those participating in a Wicca marriage. [related_posts] Prenuptial agreements, marriage and divorce If a couple are wary of getting married in a legally valid ceremony of marriage because of the potential financial claims that arise from a legally valid marriage then the option of getting married with a prenuptial agreement in place might be the way forward. Prenuptial agreements are designed to stop or limit financial claims on divorce and can be a very sensible step if one or both parties to the marriage want to protect assets such as pre-owned property or shares in the family business. For expert family law advice call our team or complete our online enquiry form. Contact us for help with divorce and Sharia law.

If your husband or wife has mental health issues it is natural to be concerned about whether you can get divorced and the impact of the divorce proceedings on your spouse. In this blog, our North West divorce solicitors examine the difficult topic of starting divorce proceedings where your husband or wife suffers from a mental health illness. For expert family law advice call our team or complete our online enquiry form. Starting divorce proceedings when a spouse is mentally unwell If your husband or wife is mentally unwell it may have nothing to do with the reasons behind your decision to separate or it may be a contributing cause. Divorce solicitors always recommend that before divorce proceedings are started you take the time to reflect on the reasons for marital difficulties and to see if the problems can be resolved. For example, through couple or individual counselling, a spouse sticking to a medication regime, or other strategies. If a marriage has irretrievably broken down then it is right to be concerned about the impact of divorce proceedings on your husband or wife if they are unwell. Making sure they have access to support from friends or family or professional help from a counsellor is a good starting point. Whilst divorce proceedings may sound stressful the reality is that getting divorced does not involve going to a court hearing or needing to blame your husband or wife for the marriage breakdown in the court paperwork. That’s because, with the introduction of no-fault divorce proceedings, there is no need to say why you want to get divorced. All you need to do is file an application (either jointly with your spouse or on your own) and then follow the new divorce court process to secure a final order of divorce. Mental capacity, divorce, and family law proceedings If your husband or wife is going through a mental health crisis there may be a question mark about their ability to make decisions within family court proceedings, such as your divorce application, negotiating a financial settlement, or responding to your application for a child arrangement order. Your husband or wife may not have what is referred to as the ‘mental capacity’ to make decisions. In other words, they cannot understand the decisions they are making or the impact of their decisions. If this issue is raised then a medical professional will need to see if the person has capacity. Mental capacity is not straight forward as a person may not have capacity even though they are living at home whilst someone who is sectioned in a hospital may have the capacity to play a part in court proceedings. Mental capacity can be affected by a whole host of conditions such as a diagnosed mental health condition ( for example, schizophrenia or personality disorder) or severe alcohol or drug abuse, or through a physical condition that may impact capacity, such as a stroke or seizure. A loss of mental capacity can be temporary in nature or permanent, depending on the nature and the severity of the condition. Assessing mental capacity Mental capacity is assessed by looking at whether your spouse has an impairment of their mind and if the condition means they are unable to make specific decisions when they need to. To be judged capable of making a decision your husband or wife needs to be able to understand the information they are being given, retain the information, and then be able to weigh it up to make a decision. [related_posts] Litigation friends and family law proceedings If your husband or wife does not have the mental capacity to make decisions in divorce, financial settlement, or child arrangement order proceedings you can still go ahead and make your application but your spouse will need to be protected by the court appointing a person to act as their litigation friend. You can not be appointed as their litigation friend as there would be a conflict of interests but a friend of your spouse or a family member could be appointed. Their job is to talk to the person who does not have capacity, to instruct their family law solicitor, and to act in their best interests. For example, your husband or wife may say that you can have everything (the family home, business, pension, and savings) but their litigation friend should be looking at what would be a fair financial settlement for both of you as your spouse will need somewhere to live and the means to support themselves. If no family member or friend can act as a litigation friend, then the Official Solicitor may be appointed as your spouse’s litigation friend. The appointment of any litigation friend will end if a spouse can show that they have regained their mental capacity. Divorcing a husband or wife with a mental illness Divorcing a husband or wife who suffers from mental illness brings added stress for you. Sometimes it can feel as if your mental well-being is being ignored because your ex-partner’s needs are so great. At other times, you may be caught up in feelings of guilt or anger. You may have felt driven to start a divorce or commence financial settlement proceedings or be experiencing distress because you have applied for a child arrangement order as you are concerned about your ex-partner’s behaviour towards your child. Whatever the reasons behind your emotional stressors, it is important that you have the right support behind you, including help from a specialist divorce solicitor with experience in advising those caught up in family law proceedings where one husband or wife suffers from a mental illness or is experiencing a mental health crisis. For expert family law advice call our team or complete our online enquiry form.

Sharing Your Divorce Solicitor It is possible to separate amicably from your husband, wife, or civil partner and sort out no-fault divorce proceedings, agree on a parenting plan to record the living and contact arrangements for your children and achieve an agreed divorce financial settlement with a financial consent order – all through using a one lawyer divorce and family law service. For amicable divorce help call our team of specialist divorce lawyers or complete our online enquiry form. What is one lawyer divorce? One lawyer divorce is pretty straightforward – the separating couple uses one lawyer to sort out all the legal aspects of their separation and divorce, rather than each engaging their own divorce lawyer. One divorce lawyer advises you and your former partner and prepares all necessary legal documents on behalf of you both in your divorce and financial settlement. The benefits of one lawyer divorce One lawyer divorce can have huge benefits, such as: You both get the same information. This avoids misunderstandings and conflicting advice that undermines your common goal to resolve matters You pay for one lawyer rather than you each having to pay for separate lawyers. The lawyer is committed to helping you both resolve matters fairly and amicably, avoiding the need for court or duplicated legal fees You work together to get the information you need, such as help from a financial adviser or a report from a pensions expert You avoid delay, as the lawyer drafts all the legal paperwork and explains it to both of you. This avoids any delay or confusion that can occur with two divorce solicitors reviewing and amending draft versions of court documents. With one lawyer, you do not risk undermining and undoing all the efforts put into negotiating and reaching an agreement Is one lawyer divorce right for you? At Evolve Family Law we recognise that one lawyer divorce isn’t right for everyone. However, if you are looking for an amicable divorce then it may be good option for you and your spouse or civil partner. When looking at whether one lawyer divorce is the right way forward for you ask yourself: Are you able to work together with your ex-partner to resolve matters amicably? Are you both ready and able to have direct and open discussions? Are you both committed to working together to achieve a common goal to benefit your family as a whole? Are you both willing to be open and honest about finances and factual information? Can you trust your ex-partner to be honest with you? Do you want a cost-effective separation and divorce? If you are interested in our one-lawyer divorce service then the first steps are for you and your former partner to have separate meetings with your one-lawyer divorce solicitor, so they can confirm that the process is the best fit for both of you. As one lawyer divorce is not suitable for everyone, it is important that both of you and your divorce solicitor take the time to make sure that using one divorce lawyer is appropriate for you both. At Evolve Family Law our one-lawyer divorce service is provided by specially trained expert family law solicitors who comply with the principles, standards, and guidance from Resolution (an organisation for family justice professionals who work with families and individuals to resolve issues in a non-confrontational manner). [related_posts] Alternatives to one lawyer divorce There are many reasons why one lawyer divorce may not be the right option for you. That does not mean that the divorce solicitors at Evolve Family Law will not be able to help you; we will just need to help you in a way that is right for you and your family. One lawyer divorce may not be suitable for you if: There has been domestic abuse in the relationship. This could be physical or emotional abuse or coercive control There are or have been concerns about the safety of one of you or a child There is a high level of emotion and conflict There are concerns about the ability of either of you to freely and fully engage in the one-lawyer divorce process There are complex legal issues that cannot be resolved consensually Either of you is reluctant to disclose information Just because one lawyer divorce is not right for you, it does not necessarily mean you will have to engage in highly contentious, protracted, and expensive court proceedings. There are many other options available for couples to resolve matters amicably, such as: Solicitor negotiations – you and your ex-partner each appoint your own divorce solicitor and the solicitors then negotiate childcare arrangements or a divorce financial settlement and the solicitors work together to sort out the legal paperwork for you Mediation – a neutral impartial mediator can assist you to reach a mediated agreement with the help of mediation support from family lawyers Collaborative law – you still engage in open and direct discussions, but you each have a divorce solicitor who is specially trained to advise and support each of you. You all commit to resolving matters without going to court Early neutral evaluation – you ask an independent family law solicitor to indicate what they think is fair, to help you make decisions together on any issues that remain in dispute with your ex-partner Arbitration – an arbiter (independent judge) is appointed and they decide the outcome of any disputed issues. You are each represented by your specialist divorce solicitors during the arbitration process. The arbiter’s decision is binding, so that you get a decision in a process that is similar to court but it is quicker as it can be tailored to your circumstances How do I decide if one lawyer divorce is right for me? It is important that you have the opportunity to make an informed decision about what legal process is right for you when separating, to help you resolve matters and be able to move forwards. Expert advice at an early stage can help you decide if one lawyer divorce or any of the other processes are the right way for you to sort out the legal aspects of your separation for your family. Next steps We offer a fixed fee initial consultation in which we can discuss all legal and practical aspects of your separation and assess if one lawyer divorce is the best route for you to take. For amicable divorce help call our team of specialist divorce lawyers or complete our online enquiry form.

As family law solicitors we are often asked whether it is OK to change the locks to the family home. Sometimes we are asked this question before a husband, wife, civil partner or unmarried partner has decided to separate. On other occasions, the locks have already been changed and an ex-partner has already been excluded from what was their family home. For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form. Separation and changing the locks Locks are a hot topic as emotions, trust, and control issues can all be engaged when the subject of locks and access to the family home is mentioned. A lot of people assume that if the locks to the family home are changed that means the excluded spouse, civil partner, or cohabitee loses their legal rights or financial claims over the property. That assumption isn’t correct. A change of locks does not confer ownership of a property on the spouse or partner who now controls access to the property. Your property rights will depend on your legal status – whether you are a spouse or civil partner or whether you were in an unmarried relationship. For spouses and civil partners, property rights stem from family law. For unmarried couples, their family home rights stem from an interpretation of property and trust law. If you cannot agree with your partner on whether a house should be sold, or transferred to you or your ex-partner, then the court can decide on the appropriate order. In urgent cases involving domestic violence or abuse, the court can make a temporary injunction order to exclude a partner from the property. The court can then decide on long-term property ownership at a later date. Changing the locks if you own the property Some people assume that if they own the family home in their sole name, they can change the locks and exclude a spouse. That is not right. A spouse has a right of occupation in a family home, whether the property is owned in joint names or not. Whether or not the locks have been changed any financial claims to the house continue until there is an agreement or a family court order. Another common assumption is that it is OK to change locks once a spouse has left the family home as once the decision to leave has been made by them then they cannot change their mind and come back. That is not correct either. In some situations, a homeowner may ask their family law solicitor about changing locks as they want to feel in control of a property. In other cases, there are genuine worries either over privacy or personal security. If it is accepted that one spouse should leave the property then it is usual to agree that, whether they retain the key or not, they will only return at an agreed time and for a reason. For example, to collect remaining items. If there are concerns about personal safety and domestic violence the court can make an injunction order setting out who can occupy a family home until a long-term decision is made on whether or not the house should be sold or transferred to one spouse or partner. [related_posts] Changing the locks when you have children Where there are children there is often an argument that a spouse or partner should retain a key so that they can come and go to see the children. Whether that works all depends on how a couple has managed their separation. In some scenarios, both adults and children are comfortable with mum or dad returning to put children to bed with a book or to babysit but, in other families, continued key access can give very mixed messages to both adults and children and cause anxiety. It is important to talk to a family law solicitor about property ownership and locks and to reach an agreement on whether locks are changed or not. You may need to discuss whether you or your ex-partner can get access to the property until the financial settlement is reached. Locks and reaching an agreement over the family home The hot topic of locks should not distract from what is often the equally emotional but trickier issue of sorting out what will happen long-term with the family home. The obtaining of estate agent appraisals and exploration of mortgage options enables a separated couple to make well-informed decisions about what they want to happen to the family home on a long-term basis. Those decisions can be made by the couple with the help of their family law solicitor or during family mediation. If an agreement cannot be reached then whether you are a spouse, civil partner, or former cohabitee, the family court can be asked to sort out who is entitled to enter the property and live in it on a short and long-term basis. What is important to realise is that changing the locks to a family home does not confer property ownership as that is all down to agreement or the court order. For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form.

Applying for a Financial Court Order when you Have Reached a Divorce Financial Agreement If you have reached an agreement with your ex-husband or your ex-wife about how your assets will be split after your divorce you may question if you need a financial court order. A divorce solicitor will tell you that a court order is necessary and explain what could happen if you don’t obtain an order. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Why you need a financial court order If you have reached a divorce financial settlement by agreement, you still need a financial court order. There are several reasons why you need an order: It gives you financial security – if your ex-partner changes their mind and wants more than you originally agreed upon you can rely on the court order to prevent additional claims for cash. For example, your ex may say the original agreement was unfair because the value of your business has gone up more than the equity in the family home or that they need more because they did not get a share of your pension when they negotiated the financial deal You can enforce a court order – you may think that your ex-spouse won't breach your agreement but, for example, if you agreed that the family home would be sold, they may be reluctant to sell the property if it means they have to downsize. A court order can include the mechanics for the sale and if a spouse is resistant to a sale the court can order that a judge has the authority to sign the transfer documents. You may think it unlikely that you will need to enforce an order but situations change, such as your ex-spouse or you meeting a new partner, and that altering the dynamics Pensions – if your financial agreement includes pension sharing the pension administrator is not allowed to implement your agreement until they have a financial court order, pension sharing annex, and the final order of divorce   Third parties – you may need a financial court order where third parties are involved. For example, if one of you is at potential risk of bankruptcy with the involvement of a trustee in bankruptcy. For example, if a mortgage company will only transfer the mortgage into your ex-spouse’s sole name if the transfer is made under a court order or if there is a spousal maintenance order so your ex-spouse can persuade the mortgage company that they have enough income to be able to take the mortgage over on their own Clean break – some financial agreements include a clean break to stop any future financial claims by you or your ex-spouse. If you have negotiated a clean break, it is important to have the security of a binding financial court order that endorses and confirms the clean break [related_posts] Applying for a financial court order If you have reached a financial agreement through direct discussion, solicitor negotiations, or family mediation there is normally no need to go to a court hearing to get your financial court order. Your divorce solicitor can send the paperwork to the court for approval and, in the vast majority of cases, a judge will agree to make the financial court order with no alterations to the draft order or only minor ‘drafting tweaks’. Broken down into stages, to obtain a financial court order you have to: Check there is an agreement that is capable of being made into a financial court order – if you negotiated your agreement direct then your divorce solicitor can check your agreement for you Check if the court can make a financial court order – the court can only make a financial court order once you have obtained a conditional order of divorce. If you got divorced some time ago and have a decree nisi of divorce the court can still make a financial court order Check if any relevant third parties are OK with the agreement. For example, the mortgage company if a house and mortgage are going to be transferred into one spouse’s name or a pension administrator if a pension sharing order is being requested Draw up the draft financial court order and exchange it with your ex-spouse’s solicitor and make any changes needed Swap statements of financial information summarising your assets and income. These statements are filed in court with your draft financial court order. The court will not approve a financial court order unless these statements are prepared and filed Send the draft financial court order to any relevant third parties. For example, to a pension administrator for their approval of the wording of the pension sharing order Ask the court to approve the financial court order by sending the court the required paperwork and court fee. In the vast majority of cases, the judge will make the financial court order requested if the order has been properly prepared and the statement of financial information explains why the court order has been agreed upon Answer any questions the court may have on the proposed financial court order Once the sealed financial court order is received from the court send it to any relevant third parties. For example, the pension administrator, financial advisor, or property solicitor if the financial court order includes pension sharing, investment transfers, or the transfer of property Finalise the divorce proceedings as without the final order of divorce the financial court order cannot be enforced Diary up. If the financial court order includes spousal maintenance your divorce solicitor should check and diary up review dates for increases in line with retail price index rises or end dates and make sure everything in the court order has been sorted out, such as the implementation of a pension sharing order, the taking out of life insurance or changes to a pension nomination That list may look exhausting but the job of a divorce solicitor is to convert agreements into financial court orders. At Evolve Family Law we recognise that if you have reached a financial agreement, you do not want to hang around whilst divorce solicitors get out their fountain pens to prepare financial court paperwork and then post it back and forth between spouses and solicitors. Evolve uses technology to standardise and speed up the process of drafting family court orders, and as importantly, to make the obtaining of a financial court order more cost-effective and value for money for you. It is the combination of experience and technology that means Evolve Family Law can offer transparent pricing and fixed fees for financial court orders. We are proud to say that we are one of the first law firms in the country to publish our fees online in a handy user-friendly guide without hidden extras as the quoted fees include VAT. Some financial court orders are more complicated than others, especially where there are businesses or trusts involved, and in other situations, you may not be able to reach a financial agreement and so need advice on the financial court process. Whatever the situation you find yourself in, Evolve Family Law can help with friendly approachable expert assistance combined with transparent costs. The first step is to contact us to discuss how our divorce solicitors can help you. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.

Once you have decided to divorce your husband or wife the next question you may need to consider is whether to get divorced in the UK or abroad. If you or your spouse has links to more than one country it may enable you to exercise a choice about the country where divorce proceedings are started. That decision could have a major impact on the amount you either pay or receive as a divorce financial settlement. That’s why it is vital to get specialist help from a divorce law solicitor before your spouse takes the decision away from you and starts their own divorce proceedings in their country of choice. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Divorce proceedings and the choice of country You may be able to get divorced in England even though you got married overseas or even if neither of you is a British citizen or neither of you has indefinite leave to remain. The law says that to get divorced in either England or Wales either you or your husband, wife, or civil partner need to meet one of these criteria at the time you start divorce proceedings (or dissolution of civil partnership proceedings): You are both last habitually resident in England or Wales and one of you still lives here or Your spouse or civil partner is habitually resident in England or Wales or You are habitually resident and you have lived in England or Wales for at least one year immediately before applying for the divorce or You are habitually resident and have lived in England or Wales for at least six months before starting the divorce proceedings or You and your husband, wife, or civil partner are both domiciled in England or Wales   Equally, even though you are a British citizen and you currently live in the UK, you may be able to start divorce proceedings elsewhere if your spouse has international links to another country. [related_posts] Changing the country of divorce In some situations (for example, where the competing jurisdictions are EU countries) if you or your spouse start divorce proceedings in one country and the other spouse contests that court’s jurisdiction then the court may decide that another country has a closer connection to hear the divorce proceedings. That means that although speed can be important it is equally vital to talk to an international family lawyer before you start divorce proceedings in a country where there is a strong risk that the court will rule that there is a closer connection in another country. Getting your choice of country right International divorce solicitors recommend that advice is taken rather than assuming that you do not have a choice of country in which to get divorced, assuming that the choice of the country does not matter, or believing that England will always be the best country in which to get divorced. Sometimes people are surprised by the divorce jurisdiction options available to them and how much difference the country in which you get divorced affects the size of the divorce financial settlement. Is it worth a divorce race to start divorce proceedings in a divorce country of choice? The decision to start divorce proceedings shouldn’t be rushed but for some spouses delay in starting divorce proceedings can result in their spouse seizing the financial advantage by starting divorce proceedings in their choice of country. The questions to ask are: Am I sure I want to get divorced? If you are not certain then taking the decision to quickly start divorce proceedings in your preferred country may mean it is harder to reconcile What are the choice of countries? The choice of countries, such as whether they are all in the EU, may affect the decision on whether the speed is important Is it likely that my spouse will be honest about his or her finances and want to reach a fair financial settlement? If your spouse probably wants to reach a reasonable financial agreement then starting early divorce proceedings in your choice of country might alienate them and make it harder to reach a financial agreement. However, if your spouse isn’t likely to be honest about the family finances then issuing speedy divorce proceedings in your choice of divorce court, where the court has strong powers to order financial disclosure and enforce financial orders, maybe in your interests Do I know the financial implications to me of my spouse starting the divorce proceedings in the country of their choice? If you don’t know the answer to this question it is really important to get speedy help from a divorce solicitor on the potential choices of country in which the divorce proceedings could be started as well as the types and range of financial orders that could be made in each country where the divorce proceedings could potentially be issued Is it financially worth starting divorce proceedings in my choice of country? Sometimes racing to start divorce proceedings in your choice of country isn’t justified in terms of the size of the financial award against any extra legal costs that might arise in arguing over the country where the divorce should be heard. In other situations, it can make a massive difference International divorce and divorce solicitors If there is potentially more than one country in which divorce proceedings could be started it is important that you choose your divorce solicitors with care. Why? Not all divorce solicitors have experience with international divorce proceedings and choice of court jurisdictions or always appreciate the need for speed to avoid your husband or wife starting the divorce proceedings in a country that isn’t favourable to you. Choosing a specialist divorce solicitor for your international divorce A good starting point is to find a divorce solicitor who is a member of the International Academy of Family Lawyers (IAFL), a worldwide association of family and divorce solicitors who are recognised as experts in their field in their countries of practice. At Evolve Family Law, solicitor Robin Charrot is a member of IAFL. A divorce solicitor won’t be able to tell you the exact divorce laws and the difference in approach to financial claims on divorce in Australia, South Africa, or the Middle East but they will be able to readily obtain expert opinions and advice from fellow members of the International Academy of Family Lawyers because they know the right questions to ask and are used to obtaining speedy expert divorce advice in international divorces. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.

As divorce lawyers we are asked, often at the first meeting with a separating husband or wife, whether a husband or wife will get the house in the divorce financial settlement. It is a perfectly reasonable question to ask your family law solicitor when embarking on no-fault divorce proceedings. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Divorce financial settlements and the family home It can be frustrating for both the family lawyer and a separating husband or wife if a divorce solicitor can’t answer the question ‘’who gets the house?’’ at a first meeting. Sadly, solicitors have a bit of a bad reputation for not answering a question with a straightforward reply but that’s not because they don’t want to answer but often down to needing more information before being able to give an informed legal opinion. What information is needed to decide who gets the house in a divorce? A lot of the information needed to help guide you on who is likely to get the house in a divorce financial settlement is pretty basic but not everyone knows all the answers at a first meeting with their divorce solicitor. The necessary information is: How much is the house worth – this can be your estimate rather than a valuation Is there a mortgage? If so, how much is outstanding on the mortgage and how much does the mortgage cost each month? Are the payments due to go up? Is there an endowment policy linked to the mortgage? If so, how much are the monthly payments and what is the surrender value of the policy? Are there any other loans or debts secured against the house? Did any family members lend or give you money to help buy the house or to fund home improvements? Was the house owned by you or your spouse before you started living together or before you got married? Do you have a prenuptial agreement or postnup (after marriage) agreement in place that says how your property will be split if you get divorced? What other property, savings, pensions, and investments do you and your husband or wife or civil partner own, and what do you both earn? Do you have children? This is relevant as having children affects the size of your housing requirements and you may also feel constrained in your choice of relocation by school catchment areas or shared parenting arrangements How much do you both need to spend to buy new houses? The answer may depend on whether you or your husband or wife will be looking after the children full-time or if one of you plans to move out of the area [related_posts] Don’t worry if you don’t have the information to help decide who should get the house in the divorce The main thing to remember is that you are not alone. Lots of people are in the same position and don’t know the value of investments or what sort of mortgage they have or the amount outstanding on loans. This can be the case whether or not you own property and investments with your spouse or if the family home and all the investments are held in your spouse’s name. If you can’t get the information then your divorce solicitor can help. If you are worried that your husband or wife hasn’t given you all the information and paperwork or if you are concerned that they have hidden investments or not told you about extra bank accounts then your family law solicitor can carry out investigations to make sure there is full financial disclosure. Talk to a divorce solicitor about who gets the house in a divorce If you are thinking about splitting up it is never too early to talk to a family law solicitor to explore your options. Seeing a divorce solicitor isn’t just about sorting out who gets the house.  You will also need to talk about other financial matters, such as spousal maintenance, get advice on childcare arrangements or, if you are planning on getting divorced, get help with the no-fault divorce proceedings. Getting specialist legal help at an early stage in your separation can pay dividends as it can reduce conflict by helping you both understand your legal options and save money by reducing potential areas of conflict. Seeing a family law solicitor for an initial consultation and review may not be as expensive as you might fear and in the long term could save you a lot of stress and fear of the unknown legal territory. At Evolve Family Law we believe in providing trusted advice for a transparent fee. Knowing how worrying it can be to meet a divorce solicitor for the first time we offer a fixed fee comprehensive initial review of your situation. At that meeting, we can explore your circumstances and what information is needed to help you come to informed decisions on what will work for you. Sometimes people automatically think they want to keep the house but, after they have had time to reflect, they realise they either want a fresh start or want to release cash. What is right for you and your family is different from what is right for the next couple. That is why bespoke early advice is needed so you don’t get railroaded into quick decisions about your long-term family future. Who does get the house when you divorce? Often the answer to who gets the family home lies in what other assets there are and choices and priorities. If you want the house, it may mean that you don’t get a share of your spouse’s pension. That is why it is so important to know how much everything is worth before deciding who gets the house. Often, a husband or wife will say that their spouse has said they can have the house. That sounds great, maybe even generous, but when you explore the fact that your spouse’s pension is worth 5 times the equity in the family home, or that you won’t be able to afford to stay in the house because of the mortgage payments or household bills, then getting the house doesn’t seem such a great deal. As frustrating as it may sound sometimes it pays to reflect and take your time to decide on who gets the house. That way, if you do end up with the family home, you can be sure that it is a fair divorce financial settlement. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.