Family law matters, such as divorce, child arrangement disputes, and financial issues, can be emotionally challenging and legally complex.
For individuals facing these situations, it’s crucial to have a clear understanding of the legal process, consider alternative dispute resolution methods, and work with a knowledgeable family law solicitor. Join us as we delve into these topics to provide guidance and support for those navigating the intricacies of family law.
Understanding the Legal Process
Divorce, child arrangements disputes, and financial cases all involve distinct legal processes that individuals need to be aware of:
Divorce:
- In the UK, a divorce begins with one spouse filing a sole divorce application with the court or both spouses filing a joint divorce application
- The reason for the breakdown of the marriage does not need to be provided to the court. The only ground for divorce is that the marriage has broken down irretrievably and there is no prospect of reconciliation.
- After the application is served on the other spouse (the respondent), they have the opportunity to respond.
- The court will not consider financial matters at the time of the divorce and separate advice will be needed in relation to the division of financial assets upon separation.
Child Custody:
- When considering arrangements for children, the court consider the welfare checklist and what is in the child’s best interests.
- Parents can agree on child arrangements, or a court may need to intervene if an agreement cannot be reached. Court intervention is the last resort and attempts should be made to resolve child arrangement disputes either directly, through a solicitor or at mediation.
- The court has the ability to make a shared care arrangement in relation to children if there are no welfare concerns and if it is in the child’s best interests to do so. This means that parents share an equal status in terms of their roles as parents.
Financial Matters
When commencing with a divorce application, any financial assets that you may have with your spouse should be divided between you, hopefully by way of an agreement.
If you and spouse can agree the division of financial assets, a Consent Order should be entered into and submitted to the court within any divorce proceedings to ensure that the agreement becomes legally binding. This Consent Order can encompass a clean break which ends your financial claims against each other.
If you and your spouse do not enter into a Consent Order, your financial claims remain open indefinitely. This means that if your financial circumstances were to change in the future, in particular if your financial position improves, you may find that your former spouse looks to make financial claims against you in the future.
The division of financial assets is a discretionary system and the following factors are considered when determining a financial separation:-
1. the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
2. the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. the standard of living enjoyed by the family before the breakdown of the marriage;
4. the age of each party to the marriage and the duration of the marriage;
5. any physical or mental disability of either of the parties to the marriage;
6. the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it.
Alternative Dispute Resolution (ADR) Methods
While litigation is a common route for family law matters, it’s not the only option. Alternative Dispute Resolution (ADR) methods can provide a less adversarial and more cost-effective approach. A few ADR options include:
Mediation:
- A neutral mediator helps spouses negotiate and reach mutually acceptable agreements.
- Mediation can be less confrontational and faster than going to court.
Arbitration:
- An arbitrator acts as a private judge, making decisions on contested issues.
- Arbitration can be more flexible and private compared to court proceedings.
The Importance of a Knowledgeable Family Law Solicitor
Working with an experienced family law solicitor is crucial for several reasons:
- Legal Expertise – A solicitor can provide expert advice, ensuring you understand your rights and options.
- Negotiation Skills – Your solicitor can negotiate on your behalf, helping you achieve the best possible outcome.
- Court Representation – If litigation becomes necessary, a solicitor can represent you in court, advocating for your interests.
Family law matters, including divorce, child arrangements, and financial matters, are complex issues that require careful consideration and expert guidance. By understanding the legal process, exploring alternative dispute resolution methods, and working with a knowledgeable family law solicitor, individuals can navigate these challenges more effectively. Jacksons Law is here to support you through your family law journey, ensuring your rights and interests are protected every step of the way.
Family law matters can be daunting, but with the right knowledge and legal support, individuals can make informed decisions and achieve favourable outcomes. If you’re facing a family law issue, don’t hesitate to reach out to Jacksons Law for assistance and guidance on your journey towards resolution and peace of mind.
Please get in touch with our Family Team, FamilyTeam@Jacksons-law.com today to discuss your specific situation and receive the guidance you need.
