Family

This is just a trial separation. Have we got to do anything formally?

No. Perhaps you aren't sure that your marriage is really over. Are you just going through difficult times? Living together is not easy, and it may be that one or both of you would like time to think things over.

A legal separation is more or less the same as a divorce isn't it?

The papers say it costs an arm and a leg to see a solicitor

Of course this does depend upon your situation, but in many cases the costs you pay are much less than you would expect. Costs can range from £650 to £3,500 or more. This is why it's important you seek a solicitor who is prepared to offer free initial advice. This initial advice will include some guidelines as to likely costs. We also bill clients monthly, to help ease any financial difficulties they may be going through and help them plan their finances.

A Divorce takes years, doesn't it?

Usually a straightforward undefended Divorce with no delays or hold-ups caused by either party will take approximately 4 to 5 months from start to finish. If there are no other outstanding issues between the parties (for example regarding children or the family finances) or if these issues can be resolved within that time, it need not take longer.

However, where negotiations continue with regard to other matters they can take longer to resolve. That very much depends on how difficult it is to reach an agreement.

Who keeps the house?

This depends on several different considerations, the most important of which is children. If you have small children living with you when you divorce, the court will not let you finish the divorce until it is satisfied that the arrangements for the children have been settled in the best way available to them. The fact that the marriage is over, and Mum and Dad will not be living together with the children any more, is quite enough for the children to cope with, without having to move from the home they know and the school and friends they know, as well.

How much does a divorce cost?

In a straightforward divorce the court fees total £385, plus a fee to another solicitor to swear your affidavit, which is usually £9.

Your own solicitor's bill will be calculated on how much time he or she spends on your case.

What will my solicitor do in return for for their fee?

Your solicitor will:

• Meet with you. The first meeting with us is free
• Consider information and options
• Prepare documents
• Write letters
• Telephone or receive calls
• Appear for you in court
• Meet witnesses to take statements

What happens to my pension?

Your pension funds are part of the family assets. You have accumulated these funds during the marriage, at a time when the two of you anticipated growing old together and enjoying the fruits of your labours.

When you separate or divorce, and negotiate ideas about how to separate your family finances, you must consider the pensions along with the other assets. There are different ways in which pension funds can be dealt with in divorces now:

• Setting-off
The most popular solution. If there are other assets, such as a house, it is usually possible to reach an agreement where the person without a pension fund (or with a much smaller one) should receive a large proportion of the value of the other assets instead of part of the other one's pension fund.

• Earmarking
This option is more rare. It means that the person without a pension will receive a proportion of the pension-member's pension when that member reaches pension age. For example, if a husband will start to collect his pension at age 65, the ex-wife will wait until the ex-husband is 65 before she receives her share of the pension fund.

• Pension Sharing
Part of the pension-member's pension can be split off from the fund and used to create a pension fund for the other person. The split off section becomes the other person's own pension at the time of the split.

Can I oppose a divorce?

Yes, it is possible to oppose a Petition for Divorce commenced by your spouse. However statistically is very rare for Divorces to be opposed. It is often best to check before commencing proceedings, if there will be any opposition.

Opposing a Divorce can be an expensive exercise in legal costs, with a questionable benefit resulting from the outlay! It is important to consider very carefully what you have got to gain.

I've been living with my boyfriend for three years, but the relationship has broken down and we've split up. I'm his 'common law' wife so I should get half of everything - right?

WRONG. If you are not married, however long you have lived together, you will have difficulty claiming interest in each other's property, possessions and investments.

This is particularly true for pensions and investments.

All the debts are in the other one's name, so I needn't worry.

From one point of view, this is true. For example, if the car loan is in your husband's name, the finance company can only sue him for the money.

If however, you need the car to take the children to school - it could prove a problem.

What is a Finance Order?

A Finance Order covers all the financial aspects of your divorce - the house, the car, the savings, the pensions, the bank accounts, the contents of the house, the debts, the income, the outgoings, etc...

You have a financial relationship with your ex-'other half', and you will need to sort it out. The divorce procedure doesn't do this automatically.

It will come as no surprise to learn that the costs of this aspect of your divorce depend entirely on how complicated your financial picture is, and how difficult it will be to divide it between you both and enable you to go your separate ways.

To give you some idea of the costs involved, if you and the other side can reach an agreement fairly easily, with, say, only a couple of details to clarify, we could document your agreement for you for around £300 - £400.

But if it is necessary to seek the assistance of the court in finding the fair answer, your costs will inevitably be far more. Around £500 - £700 per visit to court, is a starting point, and a great deal of preparation in disclosing financial details to the other side and checking theirs. You can expect a financial action in court to cost at least £1,500, if you settle it during the course of the process. If it proves impossible to settle it, and you have to ask the judge to hear the case and decide for you, your costs will be several thousand pounds.

I have been married for three years and now want a divorce - how will the court split our finances?

When married partners separate, they have to agree how to separate their finances. If the marriage is very short, say, less than 3 or 4 years, and there are no children, it is possible that the court would look at who paid for things, and who brought sums of money into the marriage, such as a large deposit on the home.

But if the marriage was longer, or if you have children, this would not generally be the right answer.

Marriage is a joint venture, and it is generally accepted that all assets are joint property, regardless of who actually paid for them. Similarly, when sorting out the family finances on separation, debts and other liabilities would be considered joint, whichever name actually appears on the documentation.

So if you have a family car, which is being paid for on a loan in the name of one of you, it will usually be regarded as a family asset, and a family liability.

What do we need in order to get divorced?

You have to show the court that your marriage has broken down 'irretrievably' (one or both of you feel that you cannot stay married to each other).

You can do this by proving one of five facts:

1 Your husband or wife has committed adultery and you find it intolerable to live with them.

You prove adultery by your spouse admitting it. If they won't you need to speak to your solicitor. If you continue to live with them for a period of more than 6 months after you find out about the adultery you will generally not be able to use this as your 'fact.'

2 Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with him or her.

This covers all kinds of bad behaviour - you need to think about the main things that have made your spouse difficult to live with. These will be summed up in a petition in a few short paragraphs. You cannot rely on single events that took place more than six months ago.

3 You have lived separately for more than two years and your husband or wife consents to the divorce.

This is often called a 'no fault' divorce. You can have periods of living together as long as they don't add up to more than six months and you have been apart for at least two years.

4 Your husband or wife deserted you for a period of more than two years.

Desertion means leaving your husband or wife without his or her agreement and without good reason.

5 You have lived separately for more than five years

Your husband or wife does not need to agree to this. He or she cannot defend this petition, but can ask the court not to grant the final decree because of a major financial or other type of hardship.

I've heard about the new Civil Partnerships. What benefits are there to me and my partner and how can you help?

With effect from the 5th December 2005, the new Civil Partnership Act came into force. This enables the registration of partnerships between two persons of the same sex, by way of civil ceremony, at a Registry office.

We can help and offer advice on:

• The benefits of a civil partnership and talk you through it to make sure you are fully aware of the implications.

• Inheritance tax issues/making a new Will. We can also put you in touch with independent financial advisers.

• Change of name on deeds.

Call us on 0116 212 1080 or 01858 445480 to find out more.