Divorce & Family Law Solicitors Leicester

Separation can be dealt with in one of four ways, and there are important differences:-

1. Divorce Proceedings – either immediately or some time in the future. These proceedings will result in the marriage being dissolved and each party being free to marry again.
2. Judicial Separation – the procedure for a Judicial Separation is the same as for Divorce, except for the Decree Absolute. The important difference is that it does not result in the dissolution of the marriage. However, the court pronounces that the parties, while remaining married, are not expected to live together. This is what many people think of as legal separation.
3. Formal Separation Agreement or Deed of Separation – if no court proceedings for either Divorce or Judicial Separation are to be commenced, the parties to the marriage can still settle other matters by reaching an agreement privately between themselves e.g. arrangements for the children and financial matters. A Separation Agreement can be drawn up and signed by both parties. This is a legal document and it settles practical issues, but it does not dissolve the marriage.
4. None of the above, it is perfectly reasonable to simply separate – in other words, live at different addresses. However, it is usually a good idea to record in writing how you want to settle practical matters, so as to avoid misunderstandings and future arguments.

Since 2022 grounds for defending a divorce are limited and are generally limited to jurisdictional issues

A divorce in England and Wales takes a minimum of 26 weeks. This includes a 20-week reflection period after the application is issued, before you apply for a conditional order, and a further 6-week wait before the final order is made. Financial settlements and arrangements for children are dealt with separately and sometimes take longer, depending on whether the parties reach agreement or the court is involved.

The cost depends on whether the divorce is straightforward, whether financial matters need to be resolved and whether there are children or court proceedings involved. Lawson West offers fixed-fee divorce support for suitable cases and sets out likely costs before any work starts.

When married partners separate, they have to agree how to separate their finances. If the marriage is very short i.e. 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.
It is generally accepted that all assets are joint property, regardless of who actually paid for them. Similarly, when sorting out the family finances due to 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.

You will need to have been married for a year and we will need your marriage certificate. Since 2022, the court have only wanted to be satisfied that one party believes that the marriage has irretrievably broken down

Your pension funds are part of the family assets. You have accumulated these funds during the marriage but 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:

Off-Setting

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.

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.

Earmarking

This option is more rare. It means that the person without a pension will receive a proportion of their ex- husband / wives pension when they reach pension age. For example, if a husband starts to collect his pension at age 65, the ex-wife will wait until her ex-husband is 65 before she receives her share of the pension fund.

A Finance Order will state what is to happen to:

• Your house
• Your shares and business interests
• inheritances
• Car/s
• Savings
• Pensions
• Bank accounts
• Contents of the house
• Debts
• The Order will also finanlise maintenance and pensions

The divorce procedure doesn’t do this automatically. The costs of this aspect of your divorce depends entirely on how complicated your financial circumstances are. As fully qualified solicitors we will always strive to do this in a cost effective way.

To give you some idea of the costs involved, if you and the other side can reach an agreement fairly easily, with 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 £600 – £700 per visit to court. 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.

As fully qualified solicitors we are able to advise and act in a cost-effective manner. We will also explain to you when you can help yourself. However, we can and will prepare court documents, statements, attend upon you and any third parties, instruct experts in finance and children matters, take instructions and advise you, attend court and communicate on the telephone or correspondence.  

Yes, the Courts are recognising more and more properly drafted Pre-Nuptial and Post-Nuptial Agreements, though they remain bound by strict rules and time limits

A divorce solicitor advises you on the legal process of ending a marriage or civil partnership. They also handle the related issues that decide your real-world outcome — financial settlements, property, pensions, maintenance and child arrangements

You are not legally required to use a solicitor to get divorced, but legal advice matters whenever there are children, property, pensions, savings, debts or business interests in the picture. A local divorce solicitor in Leicester also gives you face-to-face support and advice grounded in your specific circumstances.

Yes. Lawson West advises on the family home, pensions, savings, debts, maintenance, business interests, inherited wealth and financial orders. The aim is a fair, practical financial outcome that lets you move on.

Yes. The Family Law team advises on where children live, how much time they spend with each parent, parental responsibility, holidays, relocation, prohibited steps orders and specific issue orders.

It helps to gather details about your marriage or civil partnership, children, property, savings, pensions, income, debts and any existing agreements. You do not need everything ready before the first call — your solicitor will tell you exactly what is needed for your situation.

Yes. Lawson West offers a free, no-obligation initial discussion with the Family Law team so you can explain your situation and decide your next step with a clear head.