Divorce – Severn Valley Business Group

Tag: Divorce

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January 8th: The Most Popular Day to Start Divorce Proceedings?

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It is a sad fact of every divorce lawyer’s job to expect a flurry of enquiries and appointments each year after the festive period. This is not a time for lawyers to ‘cash in’ on other’s misfortune. A good family lawyer will know that the breakdown of a relationship at any time of year can be an extremely upsetting time for families.

The festive period can often be the point where relationship issues reach their peak because of the expectation, promise and stress that Christmas time can bring. Families spend intense periods of time together. Often what should be a celebration can end in adversity.

Our Family department is prepared to help. The skill sets of our family solicitors are a valuable resource to clients at this time. We know that clients who come to us may feel uncertain, upset and confused. We offer sensible and practical legal advice and the options available.

It may be that relationship advice or family mediation is what is needed and we have the tools to signpost you to appropriate third parties who can help. One of the UK’s most recognisable relationship charities, Relate, has reported a significant increase in enquires in January and have recently tweeted about the issue.

Divorce is never a decision we encourage our clients to take lightly. A relationship breakdown can raise many more issues than whether to divorce, including finances and children issues. Clients might want to know whether one of them should move out of the family home. How the mortgage and other bills will be met. These may be more of a priority for them to consider initially. Clients might be worried about the impact of any separation on their children. With whom will the children live? When will the children spend time with the non-resident parent? Often these issues give rise to other concerns such as access to the home, the ability of the parties to communicate to make decisions together for their children and perhaps their home and finances.

Sometimes, what a client needs at that initial appointment is a friendly, knowledgeable ear to listen and advise with complete confidence, to their situation. Thereafter, perhaps time to come to terms with the way forward. Our appointments are no-obligation and we work at the pace our family law clients need.

Louise Martin is Head of Family at Onions & Davies Ltd. She has over 12 years’ experience of family law, including separation and divorce issues, finances and children’s issues. Louise also acts as a Family Mediator and brings a conciliatory approach to her legal cases, combined with a robust handling of the case. She provides clear and helpful guidance, whether this just be at a no-obligation initial appointment, or a contested finances, children matter or domestic violence matter. Call 01630 652405 for an appointment with Louise.

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Unmarried and Separating?

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The law treats those who are unmarried very differently on separation to those who are married.

Unmarried individuals can be disadvantaged. Married couples are granted greater protection, because there is an obligation to split matrimonial assets in accordance with prescribed law. Any matrimonial asset owned by either party will form part of the marital pot and become subject to law when deciding how to divide these assets, whereas unmarried couples do not have access to the same legal treatment.

The Matrimonial Causes Act 1973 focuses on meeting the needs of any children when dividing the assets within financial remedy proceedings.

For cohabiting couples who have separated, we have to look to the civil courts to obtain a resolution where an agreement cannot be reached. We may also advise as to how the Family Court might assist in preserving accommodation and financial provision when there are children involved.

Onions & Davies Solicitors can help avoid any separation issues for unmarried couples in a cohabitation agreement. We can also help you with any relationship breakdown. Please contact our family team on 01630 652405 for a confidential meeting to discuss your situation.

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Are you looking for help during your divorce?

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A divorce can be amicable and can run smoothly if handled with a measure of understanding and an insightful and thorough approach during what can be a difficult time, and in sensitive circumstances. Here is some basic guidance on things to do:

  • Engage in mediation

Mediation can be a quick, affordable and client-led method of conflict resolution, addressing the personal, sensitive matters that arise from your separation. The Family Mediator is an impartial and neutral referee between you and your former partner to help you make the right choices and decisions for you and your family. Our Louise Martin is a trained mediator who would be happy to assist.

  • Provide full financial disclosure

It is the usual practice before a financial agreement can be reached to provide financial disclosure. These details are exchanged with the other party. The Court takes a very dim view of parties dissipating or not disclosing financial assets. Full and frank financial disclosure is required.  We can assist you with what to produce and to prepare your financial disclosure if necessary.

  • The children come first

The Court will always give paramount importance to your children’s well-being when deciding financial matters in a divorce or indeed any contact arrangements after separation. It is essential to think about what is best for your children and put their needs first when going through your divorce.

  • Try and keep the lines of communication open

It is possible to communicate direct with your spouse during your divorce proceedings. Keeping the lines of communication open can be advantageous.  Try to communicate as neutral and open minded as possible. Try to explain reasoning.  This may assist when negotiating a financial settlement.  We understand however, that communication is just not an option in some circumstances and we can help to bridge those gaps.

At Onions & Davies Solicitors, we adopt a conciliatory manner and we endeavour to provide our clients with the best possible advice to reach a fair and reasonable settlement. Please contact our family law team on 01630 652405 or email us at sols@onionsanddavies.co.uk we would be delighted to help you.


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