Divorce and family law help and advice

Separation and divorce is regrettably a normal part of life. What we hope to do on this website is to give you some simple advice to help, at this very difficult time.

Sometimes separation and divorce can be seen coming and either spouse or the civil partner realises that it is just a question of time before the relationships ends. In those circumstances it is a good idea to take some advice as to your legal position, what you should and should not do and what might happen if you have to divorce or dissolve your partnership.

In other cases separation and divorce comes as a complete surprise often when one party has been committing adultery and decides to leave the relationship to live with the new partner. In those circumstances there is very little time to prepare oneself for all the decisions that need to be taken. This is particularly so since the decisions need to be taken in an atmosphere of very high emotional intensity. It is at this time that the assistance of a supportive solicitor is vital because what you say and do can make difference later on.

The legal basis, which you will need to know to understand the advice you will receive, is that there are two areas of law, firstly divorce/dissolution and secondly the financial side which the Courts refer to as “ancillary relief” (AR).

If you are seeking a divorce or dissolving your partnership you tell the Court that the relationship or civil partnership has irretrievably broken down, you explain why you believe that, often this will be as a result of unreasonable behaviour or adultery. You can also petition on the basis of for separation or desertion.

Although the divorce/dissolution comprises Court proceedings it is mainly dealt with by drafting and exchanging forms. Ultimately decisions are taken by the Court at the half way stage, called the Decree Nisi, and then the final stage, the Decree Absolute. The important thing to recognise is that unless there is some challenge you do not need to attend Court for any of these stages.

You will find that the divorce/dissolution is simple and relatively straightforward. The cost of a divorce which is uncontested is about £750 plus VAT and the disbursements that you would have to pay even if you were dealing with the divorce yourself, this is the petition fee which as at June 2007 is £300 plus the Decree Absolute fee of £40.

In the divorce petition there is a “Prayer” for ancillary relief (AR) and this gives you the power to initiate separate proceedings to ask the Court to resolve your financial affairs. The hope is that the finances are sorted out by agreement but if that does not prove possible there could be a hearing before a Judge, evidence would be heard and the Judge would then impose a resolution.

In practice the divorce starts first and then about a month or so later the ancillary relief proceedings are commenced. Within a week or so you then receive the AR timetable from the Court called the Directions, which tells you what you need to do and by what date.

The first step would be for you to fill out a form, called the “Form E”, which sets out all of your financial information. Your spouse fills out exactly the same type of form and then those forms are exchanged so that everyone has all available information. This is a long form which is of crucial importance and in our opinion it is absolutely vital that you do not try to deal with this aspect of the proceedings yourself. We suggest, at the very least, that you take advice from a solicitor as to the various consequences of how the proceedings are dealt with at this sensitive stage.

In the Directions you would be given the date of the First Appointment before the District Judge which dissolves both parties attending Court to essentially ensure that everyone has all that they need. If one party is missing a document then the District Judge would normally make an Order to force the other party to provide that document. The focus here is to ensure that everyone has all the financial information they need so that they can calculate how the assets be divided. One reason for this is of course so that sensible negotiations can take place and with luck the matter can be settled by agreement at this stage.

A good percentage of cases are settled after the Form Es have been exchanged but before the appearance at Court for the First Appointment. Where the case is not settled the First Appointment takes place and thereafter everyone should have all the information they need to be able to make reasonable offers and respond to them.

The next step is the Finance Dispute Resolution Hearing, otherwise known as a FDR. This is an usual Court provision which is an extension of the negotiations but includes an appearance before the Judge. The crucial thing to understand is that the Judge contributes to the negotiations by telling each party what they are likely to get if the matter went to a full hearing and more particularly what they are not likely to get. If the Judge considers that one party is being unreasonable then they will be told of that in open Court. After the appearance before the Judge, but while still in Court, the parties again meet through their representatives and hopefully the case will settle at that point as a result of the Judge’s suggestions.

The majority of ancillary relief cases settle by this point and it is only a small minority that proceed to a full hearing.

As you will appreciate it is in everyones interest to try and avoid the expense, delay and stress involved in taking the proceedings to a full hearing.

The reality, as far as this firm is concerned, is that if the spouse take advice from a specialist family solicitor the confidential position, that is between the solicitor and the client, there should not be more than 5% or 10% different as between the advice given to the husband and the advice given either spouse. It is probably obvious, but notwithstanding that advice, that sometimes one party will put forward an offer which is a good deal more than they are likely to get at a full hearing, but that is in the nature of negotiation.

If unfortunately the case does go to a full hearing it is necessary to prepare most carefully, particularly in respect of expert evidence that may be necessary.

We indicated originally that we wanted this web page to be as helpful as possible and probably your first question would be how much are you likely to get of the family finances in ancillary relief proceedings. The simple answer, and as you will understand it is a most complex area, is that normally if you have been married for more than ten years the family finances are split equally between spouses. Children of course must be provided for and if the primary carer does not, and cannot, work the only source of income needed to provide for the children comes from the other spouse.

We find that in about 45 minutes or an hour we can give you all the information that you need to be able to understand your legal position in respect of divorce, ancillary relief and if necessary contact with the children. It would be right to say that sometimes the advice could be regarded as “common sense” but on other occasions it is not and unless you have that advice you will not be able to deal effectively with these circumstances.

If we can help may we suggest that you contact us either by telephone on 01273 673226 or by email to mcray@martincray.com