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Preparing for a Divorce
Ending a marriage is difficult. However, if you have come to the conclusion that the marriage is over, there are many ways in which this my impact upon your life. It may be helpful to take some time to reflect upon your decision, in certain circumstances it may assist by seeking counselling. This could be individually or as a couple.
However, if you have made the decision that you wish to separate then we advise you seek professional advice as soon as possible. The expense of seeking professional advice of a family solicitor may deter many people however, ‘DIY’ divorces are permanent, and mistakes can be very difficult to undo (and also very costly!). Having the right legal support team around you can make a material difference. No one considers getting divorced lightly, getting the specialist advice to help you and your family can help you move forward.
As of the 6th of April 2022, changes were brought into the current divorce law enabling separating couples to divorce more amicably. ‘No Fault’ divorce was introduced to allow a new option for joint applications as well as sole applications. The previous ‘blame game’ which removes the option for the other spouse to object to the fault. The change in the law has brought in a new minimum of 20 weeks for a conditional order which replaces the former ‘decree nisi’. However, the period of 6 weeks before a final order replacing the ‘decree absolute’, can be made has been retained.
Financial separation is often overlooked, and this element of a separation can have the biggest consequences. When you decide to commence divorce proceedings, you will also need to reach a financial agreement between you and your spouse. There are many ways in which a couple can do this and having specialist legal advice can help you determine the best way to reach your legally binding agreement.
Not all financial remedy proceedings go to Court. However, if the matter does proceed to court, then there is a starting position of assets being shared equally. This is departed from if the court feels it necessary.
When a parent decides to divorce, there is an extra element to consider. The sooner arrangements can be decided for the children, the easier it will be for the couple. There should be an agreed narrative for the children, and they should not be privy to any conversations in respect of the divorce. Having your child arrangements determined will not only assist in minimising the risk of any parental conflict, but this may also assist in reaching your financial settlement a lot quicker.
No parent is favoured upon separation. Both parents are treated equally. However, if child arrangements cannot be agreed and the Court is asked to assist, the Court’s paramount consideration is the welfare of any child.
Our family team at Devonalds are able to provide you with specialist advice and assist to guide you through the process. We offer fixed fees, and we are able to assess eligibility and accept clients on a legal aid basis in certain circumstances.
If you would like to speak to a local lawyer, complete our online questionnaire. Alternatively, you can contact us on 02922 807820 or email caerphilly@devonalds.co.uk. We also have offices across Rhondda Cynon Taff and Bridgend. We are happy to speak with you in any way convenient to you whether it be in person, by telephone or video link.