subject: Popular Questions For Your Divorce Solicitor [print this page] Here are some of the most popular inquiries put to divorce solicitors from men and women in the early stages of a divorce.
"My husband/wife tells me that his/her solicitor says that a 50%/50% share of our family assets is now automatic"
A: Usually, this is not true..
Wherever terms as to the division of the family assets can not be agreed upon divorce then the court will eventually have to make a determination. Accordingly, advice to clients as to what may well be an correct division of the assets is governed by the likely outcome if a judge had to make a determination in a last contested hearing. In practice, this kind of last hearings are rare simply because of the price and uncertainty as to the outcome.
A judge producing a decision is guided by statute law and by previous decisions made by other judges. An equal division of the assets may possibly well be thought to be suitable but there are cases exactly where this kind of a division would be unfair and inappropriate. A number of elements come into play and our every day involvement with this kind of circumstances enables us to offer analysis of your conditions and guidance as to what might be proper for you.
"Can I stop paying servicing?"
A: Even exactly where there is agreement that servicing may possibly be reduced or no longer paid, if this is not recognised by variation of the relevant court purchase or otherwise documented in correspondence, preferably between solicitors, then arrears will accrue under the Buy and may possibly be enforced subsequently.
Enforcement measures may possibly consist of an Attachment of Earnings Purchase against the payer's salary, the claiming of monies in their bank account or even an application for a sale of a property.
"She will not allow me access to the kids this weekend"
A: It is inevitable that friction will sometimes occur in the children's arrangements exactly where there are separated or divorced parents. At times the arrangements can break down even when they have been in spot for a lengthy period. This can occur exactly where there is a modify of conditions, for example, one parent forming a new relationship or exactly where there is a adjust of address.
There is no immediate answer to these problems. It may be that your divorce solicitor will suggest that mediation may be suitable. Court orders are a blunt instrument and normally analysis shows that children's arrangements achieved by consent work better in the lengthy term than court imposed orders. Nevertheless, there is now an emphasis on court based mediation which can prove really powerful where a single parent is initially reluctant to take a proactive stance in working out the arrangements in the very best interests of the kids.
"Will my wife get half my pension?"
A: Not necessarily. It is not automatic. A pension is regarded as an asset of a marriage. It is looked at alongside all of the other assets that are available for distribution. There are various aspects which ascertain whether or not a pension share may possibly be proper. These can contain:- the age of the parties, the duration of the marriage, the actual value of the pension and whether or not the other part has a pension of their own.
We will assist evaluate the aspects in your case and advise if a pension share is some thing which we think a Judge searching at your circumstances would do.
"How lengthy will it take ?"
A: Obviously, the time frame for every individual is diverse but normally for divorce proceedings with no financial or youngsters concerns, they need to conclude in 6 - 8 months. Where there are economic concerns then the initial aim of a family lawyer would be to negotiate a settlement. If productive negotiations take spot then the time frame would be similar.
It is exactly where events can't agree and Court proceedings are issued then the time for completing matters is extended. The Court method nevertheless sets a timetable for both events to follow, and there is always ongoing negotiations alongside that method. If a matter was fully contested you must anticipate it to complete the Court process in twelve months.
"Can I make my husband leave the family residence as soon as I begin divorce proceedings ?"
A: Not necessarily. Your family lawyer can ask a husband or wife to vacate voluntarily but if they will not you will have to await the resolution of your economic settlement. This is assuming there are no domestic violence problems.
"How do I know what maintenance I should pay ?"
A: Usually, it is preferable to try to agree payment of servicing for young children on a voluntary basis. This ought to generally be in accordance with government recommendations as it is they who have jurisdiction in respect of servicing for youngsters.
Your divorce solicitors would assist you in applying the assessment guidelines to your specific situations.
