Matrimonial and Divorce Proceedings Solicitors in London

Judicial Separation

If you do not want to start divorce proceedings but want to separate you can apply for a judicial separation. The application can be made within the first year of marriage. In divorce proceedings, you need to have been married for at least 12 months before you can get divorced.

With a judicial separation application, your marriage is not dissolved but you can agree on a financial settlement or ask the court to make a financial settlement.

Matrimonial divorce solicitors can help you decide if judicial separation proceedings are the right path for you.

Nullity

Nullity or annulment ends a marriage without getting divorced.  You can apply for annulment in the first year of your marriage or any time after.

In a nullity application, you need to show:

• The marriage is void as you were never legally married or
• The marriage is voidable as it meets one of the voidable criteria

Examples of voidable marriages include:

• The marriage was not consummated – this ground does not apply to same-sex couples
• You did not properly consent to the marriage
• Your spouse was pregnant by someone else when you married

In a void marriage, it is as if you were never married whilst in a voidable marriage you are married until the marriage is annulled. In either situation, you can ask the court to make a financial court order.

Our marriage annulment solicitors can guide and support you through annulment proceedings.

Divorce

To start a no-fault divorce, you need to have been married for at least 12 months. The proceedings can be started jointly with your spouse or individually.

To start divorce proceedings, you need to file an application saying that your marriage has irretrievably broken down. You do not need to explain why you have separated.

Divorce proceedings and agreeing on child custody and contact arrangements for your children or reaching a financial settlement can be complicated and require specialist matrimonial and relationship advice.

Finances on divorce

In a divorce, the court will not make a financial order unless it is asked to do so. Court rules encourage you to reach an agreed financial settlement rather than start court proceedings straight away. However, you may need to apply for a financial court order if you are concerned your spouse is not being honest about the extent of their assets or is selling or transferring assets to defeat your claims.

When you reach a financial settlement by agreement your divorce solicitors will ask the court to convert your agreement into a binding financial court order.

If an agreement cannot be reached a financial application can be lodged with the court at any stage after the divorce proceedings have been started.

In financial proceedings, the court can make a wide range of orders. The court order should cover all the capital assets, such as the family home, investments, family business, any other matrimonial assets and pensions. The order should say if spousal maintenance is payable and for how long. If the court says no further financial claims can be made this is called a clean break financial court order.

When deciding on the appropriate financial court order the court considers a range of factors under Section 25 of the Matrimonial Causes Act 1973. These include the length of the marriage, the parties’ ages and health, the family’s standard of living, income, earning capacity, property and financial resources now and in the foreseeable future both in this jurisdiction and worldwide, the financial needs, obligations and responsibilities of each party.

Disputes involving children

If a parent wants the court to decide issues such as child custody or contact, they will need to apply to the court for a child arrangement order.

The court encourages parents to reach an agreement on parenting arrangements. This can be achieved through solicitor negotiations or non-court dispute resolution options such as family mediation or arbitration.

If parents cannot reach a parenting agreement, they can ask the court to make a child arrangement order to set out the custody, shared parenting or contact arrangements.

When making a child arrangement order, specific issue order or prohibited steps order, the children’s best interests will be the court’s paramount consideration. The court will consider children’s needs, wishes and feelings (having regard to their age and understanding), age, sex, and background. The court will also look at how any change of circumstances will affect the child and whether each parent can meet their child’s physical and emotional needs.

Cohabitation

Cohabitees do not have the same legal rights as a married person or someone in a civil partnership. If you are in a cohabiting relationship, it is important to record how you will split assets if you separate from your partner. This is done by matrimonial solicitors preparing a cohabitation agreement for you. If you are separating from your cohabitee, it is vital to get legal advice on your rights.

Civil Partnerships

If you are in a civil partnership and are thinking about separating from your partner our matrimonial solicitors can apply for a dissolution of your civil partnership. The process is like divorce proceedings.

As a civil partner, you can bring the same financial claims as a married person. For example, you can claim a share of the family assets or maintenance.

Answering your Frequently Asked Questions on Matrimonial and Family Law

What is matrimonial property in divorce?

Matrimonial property normally comprises any assets acquired after your marriage or civil partnership. The property could be owned in individual or joint names.

In financial proceedings, the court starts from the premise that matrimonial assets or property should be split equally unless there are reasons to depart from equality, such as your child’s housing needs. The court can also share non-matrimonial property if it is necessary to meet needs. Examples of non-matrimonial property include inheritances or property owned before the marriage provided the assets had not been shared during the marriage.

There are often disputes over whether assets are matrimonial property or not and how property should be divided. Our specialist divorce solicitors can advise you on how to reach a financial settlement.

What will I lose if I divorce?

What you lose or gain if you divorce depends on your circumstances and those of your spouse. For example, you may lose out on your spouse’s pension unless you reach a financial settlement that includes a pension sharing order. Our divorce solicitors in London can provide you with advice on how to secure the best financial settlement.

What are matrimonial home rights after divorce?

If your spouse is the legal owner of the matrimonial home, your divorce solicitors can protect your matrimonial home rights by applying to the land registry to stop the family home from being sold or mortgaged until the court makes a financial court order.

Contact us today to see how our matrimonial solicitors can help you.

Our matrimonial solicitors can talk with you at our offices, over the phone or online via Web Conferencing such as Zoom or Skype. To get the expert legal advice you need, contact our matrimonial solicitors in London.