Divorce & SeparationDivorce It is not necessary to issue divorce proceedings to effect separation but doing so may provide a greater degree of financial certainty for the future. Divorce proceedings will bring a marriage to an end. Except in the most unusual circumstances it will not be necessary to attend Court to achieve a divorce. A financial order within divorce or judicial separation proceedings is the only method by which financial claims can be resolved. Please contact a member of the Family Team to discuss your options in more detail. Financial Proceedings Whether matters are to be resolved through amicable discussion, the issue of Court proceedings, mediation or collaborative law we will advise you about the Orders which may be made:
Applications may be made to the Court for maintenance to be paid while proceedings are ongoing (Maintenance Pending Suit) or to freeze assets if it is apparent that they may be disposed of inappropriately or to deal with proceedings issued in other jurisdictions, if applicable. Maintenance for children usually falls within the remit of the Child Maintenance Enforcement Commission which has replaced the Child Support Agency. The general rule is that a parent who does not live with a child should pay 15 percent his or her net income for the benefit of that child but there will be an adjustment if there are two or more children, and depending upon the amount of pension contributions made by the payer and the amount of contact with the child. These are all complex but easily explained and important concepts in respect of which specialised legal advice is advisable. Variation of Maintenance If maintenance is provided for by way of Court Order, this can be varied either upwards or downwards based on a change in financial circumstances. We will advise you as to whether such application is appropriate and/or cost-effective. Separation Some couples prefer not to consider divorce as an option. It is possible to separate either under the same roof or in different accommodation simply by choosing to do so. There is no obligation to take any specific step to regularise this position. There is no legal requirement to give legal effect to such a separation. It is however preferable to enter into a Separation Agreement in written form to provide greater certainty to the financial arrangements arising from a decision to live separate and apart. It is possible to simply set out in a formal Separation Agreement the way in which you wish to regularise your financial and other arrangements. Alternatively if you wish to resolve financial matters more formally through the Court, at the same time remaining married, perhaps for religious or other reasons, it is possible to obtain a Decree of Judicial Separation. The court process is identical to that of divorce but there is no application for Decree Absolute at its conclusion and as a consequence you remain married. It is also impossible to terminate an entitlement to maintenance which derives from the fact of being married. Occupation and Non-Molestation Orders In circumstances involving harassment, threatening behaviour or violence, we will advise you about whether a Non-Molestation Order may be effective or beneficial. In extreme cases we may advise you to apply for an Occupation Order seeking the removal of your spouse or partner from your home. For further information or advice please contact: Charmaine Hast at our Epsom Office. Karin Walker at our Guildford Tunsgate office. Charlotte Adler at our Wimbledon office. Demelza Patricio at our Reigate office. |