He's got to keep a roof over our heads hasn't he?

Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.

What am I entitled to in a no fault divorce?

The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.

Will we have to go to Court during our divorce?

No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.

What is a no fault divorce?

No fault divorce removes the need to prove one of the five facts of divorce (adultery, unreasonable behaviour, desertion of two years, separation of two years with consent to divorce and separation of five years without consent). Instead, only a statement of irretrievable breakdown will be needed. A couple can file for divorce once they have been married for at least 12 months. There is no need to apportion blame or fault, as was the case under the previous law when parties had not been separated for a period of over 2 years.

Will I need a solicitor for a no fault divorce?

The role of the divorce solicitor will change, but they will still have a role in: Assisting with the preparation of the divorce paperwork and lodging the same with the Court. Advising on how finances should be divided on divorce, including things like how the family home will be dealt with, how pensions and other savings and investments might be split and whether there is a requirement for maintenance payments. Preparing documents, for example, the consent order to create a legally binding financial agreement between the parties. Advising on entitlements and helping to negotiate. If no agreement can be reached, a solicitor will advise as to the merits of issuing court proceedings and will represent you within these proceedings. Implementing orders, whether by consent or decided by the court. Advising and supporting parents who are in dispute to reach arrangements about how they will care for their children. Preparing cases to be presented to the court and conducting the proceedings where disputes cannot be settled. This is not an exhaustive list but illustrates that the divorce itself may only be a small part of the legal process of relationship breakdown.

Is a no fault divorce 'cheaper’?

It makes sense that if your separation is less contentious, then the legal costs will be lower, but there are often financial arrangements to sort out as well as dissolving the legal marriage or civil partnership. With a no-blame culture in place, it is hoped that it will encourage more constructive discussions leading to better, and therefore less expensive, outcomes. However, there is no guarantee that this will necessarily be the case. A no fault divorce financial settlement is the same as any other divorce settlement, and may include maintenance and the division of assets etc.

Do both parties have to agree to a no fault divorce?

It is possible for one party to contest a no fault divorce in the same way that they could contest a traditional divorce. This occurs when the parties cannot agree on the terms of the divorce, i.e. a fair division of money and assets, maintenance, child custody etc. If this occurs, then the case will be put before a judge, unless the couple agree on ADR (alternative dispute resolution) such as mediation.

Mansfield Family Law Solicitors

Why speak to our Mansfield Family Law Solicitors?

1) We have a wealth of experience in all aspects of family law.

Whether you need help with divorce settlements, financial settlements, prenuptial agreements, issues related to your children or even domestic abuse, we can help. Your matter will be treated with the utmost care.

2) We’re here to support you!

The world of Family Law is complex and every case is unique. Everyone has their unique set of circumstances and there could be a number options you need to consider. At Banner Jones, we aim to make the process as straightforward and as hassle-free as possible.

3) Communication is key

When dealing with any legal matter, it is vital that you receive the best service possible. Our Mansfield Family Law team offers excellent customer service, with 97% of clients saying they’d recommend us to a friend.

4) We're one of the top legal firms in the UK.

For five years in a row, Banner Jones Solicitors has been recognised as a ‘Leading Firm’ within the “UK Legal 500". With offices in Nottinghamshire, Derbyshire and South Yorkshire, we've helped many clients with their family law matters.

Getting all the facts on making a fresh start is essential. If you need guidance on your situation, book your appointment with one of our specialists by either calling us on 0330 017 6301 or complete the contact form.

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