Undoubtedly, divorce or separation is the most heart breaking and mentally-draining process. In the unfortunate circumstances, that, you have to go through a divorce or separation, it is paramount that you are properly advised otherwise you may end up with the worst child contact or financial settlement. The UK child maintenance system has always been infamous and never liked by divorcees.
Family Law
Our Approach to Family Matters
RKM Law will assist you in dealing with your divorce proceedings with care and high standards. Our family lawyers understand the importance of maintaining a sympathetic, yet, professional attitude in your difficult and emotional situation while ensuring that you understand the legal issues involved. Our aim is to make the process as straight forward as possible. We will provide sound advice on your particular situation and explain all the options available to you and indeed in a cost-effective manner. We are compassionate and fair. We do not rush to court process which entails costs but rather we start by exploiting all possible ways to settle dispute without going to court. All out of court settlement or agreement cost less than issuing lawsuits.
Our family law team advise and represent clients on all stages of a family matters, most notably:
- Divorce Petition;
- Domestic Violence – non-molestation and occupational order;
- Children Contact Arrangement;
- Interim Relief; and
- Financial Settlement.
Application for Divorce
The introduction of the Divorce, Dissolution and Separation Act 2020 on 6 April 2022, bringing in the long-awaited “no-fault divorce”, is considered to be one of the most significant reforms of family law in many years. Prior to the new law, it was a requirement to identify one or more of the five grounds of divorce to establish the irretrievable breakdown of the marriage. A no-fault divorce has simplified this process and you do not need to set out any reasons for the irretrievable breakdown of your marriage.
A straightforward divorce proceedings will usually takes around 6-8 months to complete. However, if your divorce is complex it can take more than a year to complete. This is the reason why all couples going through divorce are advised to seek counselling and mediation first.
The Process of The Divorce Application
Start a Divorce Application : One party apply for divorce to the court following appropriate legal advice.
Acknowledgement of Service : Your partner will have 14 days to complete and return the Acknowledgment of Service form
Application For The Conditional Order : There is now a ‘20 week reflection period’ from the time of the start of proceedings before a conditional order for divorce is made.
This reflection period allows partner to reconcile, agree on practical arrangements in relation to children and assets.
Your application for Conditional Order means that you are asking the court to proceed with the divorce.
Court Reviews Your Application : If the court approves your application, you will be granted with a Certificate of Entitlement with a few weeks to confirm the date of your conditional order.
Court Grants The Conditional Order : When the court grants a Conditional Order, you must wait for six weeks (cooling off period) before you can apply for the final order.
During this cooling off period couples are expected to find a mutual resolution on their finance and submit their financial consent order for the approval of the court.
Application for Financial Order : The court will approve any financial consent order or give further directions.
This order will prevent your partner from making any future claims and ends all financial ties.
Application For Final Order : This application is made to legally end your marriage.
The Courts Grants The Final Order : The Final Order will usually be granted within 24 hours
Your marriage is legally ended and you will be free to remarry.
Children Contact Arrangements
We help both parties to understand the needs and welfare of children. Parents must not be using their animosity against each other to the disadvantage and detriment of their children. Children has a right to form a relationship with their parents. If child arrangements cannot be agreed mutually, we will make the appropriate application to the Court to resolve the dispute. It is noteworthy that in the absence of mutual agreements, the Courts make decision considering the child’s best interest and not the parents’ whims and fancies. This is a costly and daunting process and could last for years or until the children have reached their majority age. In terms of outcome, the Court will make an Order, to ensure that it is deemed to be fair, depending on what you have been unable to agree on. The three common types of Orders are:
The Courts Grants The Final Order : The Final Order will usually be granted within 24 hours
Your marriage is legally ended and you will be free to remarry.
A Child arrangements Order decides:
- Where your child lives
- When your child spends time with each parent
- When and what other types of contact takes place
A specific issue order is used to look at a specific question about how the child is being brought up, for example, what school they go to or if they should have a religious education.
A Prohibited Steps Order is used to stop the other parent from making a decision about the child’s upbringing.
Financial Settlement
The other fundamental aspect of divorce is financial settlement. The Court has a wide discretion to redistribute income and assets in view of achieving a fair result. The law does not specify strict rules or method for financial settlement. Redistribution of wealth varies from case to case. However, our team will be able to advise you on the type of settlement you may expect and will ensure that your interest is respected.Whether divorcing or separating, the division of financial assets needs to be decided and ideally recorded in a written settlement. Any final settlement reached will have far-reaching consequences and will deal with income, properties, lump sum payments, pensions and other capital assets. Our team will go one step ahead to investigate on any hidden assets, financial gain or transaction.
In the absence of out of Court settlement, we will issue the relevant application to the Court for determination of your financial affairs. As such the Court may make different types of Orders to ease the dispute between spouses.
- Maintenance pending suit
- Periodical Payments
- Secured Periodical payments
- Lump Sum Order
- Property Order
- Pension Orders
- Variation of Settlement Order
- Assets: the earnings, property and other financial assets each partner has, or is likely to have in the future.
- Needs and responsibilities: any debts, such as mortgages, that either partner needs to pay off or any children that need to be provided for.
- Standard of living: the difference a divorce make to the couple’s standard of living, as well as any contributions made to the marriage and their effect on the family’s welfare.
- Duration of the marriage: the length of the marriage, the age of both partners and the likelihood of either partner remarrying.
- Disabilities: any physical or mental disabilities that will require funding for the partner to cope by themselves.
- Behaviour: the behaviour of either partner may, in exceptional circumstances, be taken into consideration.
- Benefits: any benefits brought to the marriage that may be lost on divorce, such as pension schemes.
The Legal Process for Financial Settlement
We will engage in negotiation, on your behalf, with your spouse’s Solicitors and will make sure that your voice is heard loud and clear. If both parties agree on the terms put forward an agreement will be drawn, known as Consent Order, which will be filed to the Court for validation. On the other hand, if none of you agreed to the proposed terms then an application will be made to the Court for this matter to be adjudicated by a Judge. Such application will entail 3 different hearings namely:
- The First Directions Appointment (FDA)
- The Financial Dispute Resolution Appointment (FDR
- The Final Hearing