How to have a healthy Divorce

September is a busy time for divorce solicitors, and every year, it seems to be the same; after that last family holiday, or when it feels like time for a new start, enquiries around separation and divorce increase.

No Fault Healthy Divorce

When no fault divorce was introduced, the process became simpler.  With no blame apportioned, it is preferable for families and children in the long term. This approach has been welcomed by our divorce solicitors, who have worked closely with many families since the law changed in April 2022.

Since the Divorce, Dissolution and Separation Act, clients just need to state that the marriage has broken down irretrievably without giving any reasons.

After concerns over children and how they are impacted through separation and divorce, the next questions our divorce lawyers get asked are usually focused on the house, the finances, and pensions.

What happens with children in divorce?

If you have children, they should understandably be central to the whole process, as their welfare is paramount.  Having stability for children moving forward through the separation process is crucial and something our team works towards with clients.  The children may have gone from a stable home with two loving parents to two homes, perhaps two new bedrooms, two different sets of circumstances, but still the same loving parents.

We sit down with our clients to work out what is best for them as a family moving forward and explain about child arrangement orders; where the Court can be asked to determine who a child lives with (residence), it can also determine when a child spends time with the other parent (contact).

The divorce process is essentially a paper exercise, and if the Court’s intervention is required with child arrangements, a separate application will need to be made.

Where both parents share parental responsibility for a child, their rights and responsibilities in respect of that child are equal; the order will merely formalise and stabilise any arrangements. There is a presumption that it is in a child’s best interests to have a relationship with both parents, and this will only be restricted if there is evidence of harm or welfare concerns.

What happens with finances and pensions in divorce?

Essentially, your assets need to be divided and so divorce and separation can have significant implications for your financial situation and the law in this area is complex and often highly discretionary.

A financial settlement is a way of sharing those assets.  We always advise that a financial order is obtained as this concludes all financial matters, as those claims do not simply end with the divorce.

It is vital to seek specialist financial legal advice to ensure you achieve a clean break and are not left vulnerable to a claim from your spouse in the future.

Emma Kendall, Divorce Solicitor, advises clients to get organised before they come to their first appointment:

“I understand this is a highly emotional time, and often, it takes some time for couples to realise their marriage has broken down for good. We are able to discuss lots of different options for settlement and an out of court dispute resolution is often the best way,” said Emma.

How can I help the divorce process?

• Bring copies of any relevant paperwork to your first meeting with a solicitor
• Ensure all paperwork is filled out promptly and accurately
• Try to communicate with your spouse so you are both coming at the process from the same place
• Gather all documents so your solicitor can submit them by the appropriate deadlines
• Make sure you disclose all assets and list everything accordingly, particularly if your finances are complex

“It can be helpful to a client’s wellbeing to focus on the elements they have some control over, and with everything in place, the proceedings can move more quickly than it does for those who are not as organised,” added Emma Kendall.

“Obviously, not everyone can be like this; some clients are overwhelmed, and we are here to help. We have been through the process with many clients, and nothing surprises us.”

Whether it’s a September separation following a pressurised family summer or just time to end a marriage that has run its course, with the right advice from a specialist divorce solicitor you can navigate this tricky area to a successful resolution.

How can we help?

For legal advice on divorce and family matters contact our Divorce Solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk.

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.