Divorce And Civil Partnership Dissolution
When it comes to divorce and civil partnership dissolution, our focus is on ensuring that the process is smooth, you receive a fair financial settlement, and suitable arrangements for your children have been worked out.
We work with all types of clients, from high-net-worth individuals to people escaping abusive relationships.
Regardless of your situation, our approach is consistent – ensuring you are supported, focusing on what you want to achieve, and obtaining desired results in a non-confrontational manner.
We are a diverse, multi-lingual law firm and from our city centre offices in Coventry, our solicitors use best-in-class technology to provide clients with streamlined, modern, and highly effective family law advice and representation. Our years of experience in family law means we have a robust reputation for excellence with the UK’s best Barristers and King’s Counsel, Forensic Accountants, Independent Financial Advisers, Surveyors, Actuaries, and Counsellors who can bring additional support to our Family Law Department if required. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses.
Our family law ethos
Our Family Solicitors are members of Resolution, an organisation of family law professionals who believe a non-confrontational approach to family law disputes produces better long term outcomes. Our team abides by Resolution’s Code of Practice and work to resolve divorce disputes through round table negotiation and mediation. However, if Court proceedings prove inevitable, you can trust that we will fight tenaciously to get the best possible results for you and your children.
Our highly intelligent and compassionate Solicitors have received training on dealing with the emotional impact of divorce. If you are finding things difficult, we can refer you to support agencies and counsellors that can help you. Our team, which include trained Mediators and members of the Law Society’s Children’s Law Panel, are here to help you when life takes an unexpected turn and get the results you need to move on to a positive future.
Below are some of the most common questions we receive from clients regarding divorce and dissolution of a civil partnership.
How do I get divorced in England and Wales?
On 6 April 2022 the Divorce, Dissolution and Separation Act (DDSA) 2020 came into force ending fault-based divorce in England and Wales. There is now no need to cite adultery or unreasonable behaviour in order to obtain a divorce. Instead, one or both spouses simply need to make a statement that the relationship has irretrievably broken down. The Court must accept this and there is no scope for the other party to contest the divorce.
The terms Decree Nisi and Decree Absolute have been simplified to Conditional Order and Final Order respectively.
Under the DDSA 2020, there is a minimum period of 20 weeks between the start of the divorce process and the granting of a Conditional Order. This is to allow parties time to reflect as to whether getting divorced is the best option for their future.
Our expert Divorce Law Solicitors will advise and represent you throughout the entire divorce process, ensuring your best interests and those of your children are always protected.
Will I lose my home in a divorce?
Your family home and other matrimonial assets will become part of the financial settlement. If there is a pre or post-nuptial agreement in place, we will consider whether it remains fair given your current circumstances.
There are many solutions regarding dividing the value of the family home. For example, you and your spouse may negotiate that one of you retains the value of any pensions you have built up throughout your marriage and the other keeps the family home. Alternatively, if you have children, you and your spouse may agree that one of you remains in the family home with a view to selling the property when your youngest child finishes their education or turns 18 years.
What happens to children in a divorce?
Both the Family Court and our Solicitors must work under the principle set out in the Children Act 1989 that the welfare of any children is the paramount consideration in family law matters. During the divorce process, we will help you and your spouse/civil partner work out child arrangements that ensure your children’s best interests are met.
In situations where there is or has been domestic abuse, we will make certain that you and your children are safe and protected by obtaining a Non-Molestation Order or an Occupation Order.
Can I choose to divorce in England and Wales?
London is known as the divorce capital of the world for the fact that the English judiciary is extremely generous to the financially weaker party in high net worth divorce cases.
To be permitted to divorce in England and Wales either you or your spouse must have adequate links to either country although you do not have to live there permanently.
To qualify to file your divorce petition in England and Wales:
- Either party is habitually resident in England and Wales.
- You and your spouse were both last habitually resident in England and Wales and one of you continues to reside there.
- The Respondent is habitually resident in England and Wales.
- The Applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made.
- The Applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made.
- Either party is domiciled in England and Wales.
- One of you is domiciled in England and Wales.
Why choose us?
People choose and recommend us not just in Coventry, Nuneaton, Rugby and Leamington, but across the Midlands and the whole of the UK, because we care about them, their children, and their future. We are focused on results and achieving them in the most cost-effective, non-confrontational way possible. Our Family Law Solicitors will take care of your legal concerns so you can focus on yourself and your children.
To talk to us about divorce, please contact us using the form below, call us on Coventry (02476) 231000, email enquiries@askewslegal.co. or visit us at our city centre offices in Coventry.