The Divorce Process

Divorce and Separation

When a relationship breaks down it can be a stressful time. There is no legal formula for working out the division of assets and level of maintenance after divorce, so it makes sense to see a solicitor for advice.

• The following information includes some tips to help keep your legal bills as low as possible and help focus your mind.
• If you are unsure whether to separate; explore that avenue first with a trusted advisor or counsellor.
• Ask for a free initial session with a family lawyer. It is important that you feel confident with the person who will be working in your interests.
• Prepare your questions and what you want to say before you see your solicitor to enable you to get the most out of your appointment.

We specialise in all aspects of family law, including:

• Divorce
• Financial settlements
• Children's matters
• Separation
• Civil partnerships
• Co-habitation agreements
• Pre-nuptial agreements

You will receive the full support of our efficient and flexible team. Last year 100% of our Family Law clients, who returned our questionnaires, said that they would recommend us. We aim to guide you through the complexities of Family Law to achieve the best possible outcome. We will follow your instructions and make the process as stress free as possible.
We can provide you with sound advice, specific to your circumstances. We can explain the legal procedures and the options available to you. We will deal with your matter in a professional, friendly and efficient way.

The Divorce Process

• A 'Petition for Divorce' is sent to the County Court who send it to the other party and ask if the divorce will be opposed.
• An 'Affidavit in Support' is sent to the court.
• If the court is satisfied that the marriage has irretrievably broken down, the judge will fix a date for the 'Decree Nisi' of Divorce.
• Six weeks later, the 'Decree Absolute' can be applied for by the Petitioner and when that is pronounced the Divorce is completed.

To get divorced

In order to get divorced one of the following must be proved:

• Adultery
• Unreasonable behaviour
• Desertion for two years
• Separation for two years (with consent)
• Separation for five years

Please Note: Settling finances is separate from the Divorce. If an agreement cannot be reached an application can be made to the Court. If an agreement can be reached a Consent Order can be drawn up.

Financial Settlements

If you are considering a financial settlement it is important to obtain professional legal advice before agreeing anything. When deciding upon financial arrangements, the court will aim to reach a fair outcome based upon reasonable needs. The court will consider all circumstances including:

• Welfare of any children under the age of 18
• Reasonable earning capacity, property and financial resources of the husband and wife
• Financial needs of the husband and wife
• The family's standard of living before the breakdown of the marriage
• Any physical or mental disabilities of the husband or wife
• The duration of the marriage and the ages of the husband and wife
• Contribution from the husband and wife, including looking after the home and caring for the family

Child Maintenance

Child maintenance can be paid by agreement, based on guidelines of 15% of the parents' net income for one child, 20% for two children and 25% for three of more children (this can vary). If agreement cannot be reached, an application to the CSA can be made. The court only makes orders in respect of maintenance in limited circumstances.

Family Law & Divorce Solicitors Lincoln

Our Family Law and Divorce Advice Solicitors can help you with all aspects of Family Law. Our divorce solicitors provide a free booklet, your guide to Divorce and Separation. As a dedicated family law firm we can help with complicated family law issues.

Children and Divorce

Matters regarding children are often arranged at the same time as finances. We can help you with:

• Residence
• Contact, to include overnight stays, supervision, holidays and if your child/ren no longer live in the UK
• Paternal parental responsibility if you are not married to the child's mother
• Abduction

Lincoln Solicitors, Dale and Co. know that Children's matters can be especially emotional and we will do our utmost to help resolve issues quickly and with the minimum of disruption for the child.

One of the most complex and important financial tasks in the break-down of a marriage is dividing assets accumulated in pension schemes.

It is therefore essential to obtain legal advice before considering any financial settlement. Who gets what is based upon a range of criteria and also the provisions of the particular scheme. A final settlement involving a division or other dealing in respect of a pension will need to be confirmed by a court order. It is important to note that upon divorce, beneficiary designations, if applicable, should be changed on pension schemes. In addition, consideration should be given to changing your will as your circumstances change.

The Court can:

• 'offset' if other capital is available they are used to pay the partner without a pension
• a sharing order which divides the pension to then be invested separately
• 'earmark' where a share of the pension is paid to the partner as it is received. Death in service benefit is also included. If one of the couple changes job it may affect death in service benefit, and if the partner receiving the order remarries the order no longer takes effect.

Property issues in financial settlements.

Property issues in financial settlements are resolved depending on the needs and resources of each partner. This can include:

• Sale of the property and the proceeds being split
• Ownership being transferred to one party; either for a lump sum or protected future interest
• The property is sold at a later date and the parties interests are adjusted accordingly.

Endowment policies also need to be considered.

If a business is owned by the couple, each party's involvement and assets of the business need to be carefully planned for. Working practices need to be agreed upon, for example if the business needs to be restructured or one partner buys the other out.