The divorce process in England and Wales is based on the marriage having irretrievably broken down. If the couple wish to get divorced straight away, this will require their divorce to be the fault of one party, either through their adultery or unreasonable behaviour. In the alternative, it is possible to divorce after two years of living apart, if both parties consent.
We can advise you of the best way to deal with the divorce process in as cost effective and dignified a manner as possible. In addition, we can advise on the implications of any international issues in the divorce. For instance, it is the case that within Europe the first person to issue the divorce proceedings will generally determine the jurisdiction where the financial settlement is dealt with, with potentially significant variations in outcome. If such issues arise, it is vital that you take swift and expert advice, and we can provide that.
Financial settlements on divorce
The process for separating assets and income on divorce in England and Wales is a discretionary one. Whilst there is statute that assists, notably section 25 of the Matrimonial Causes Act 1973, each case is dealt with on its own facts and outcomes vary widely.
We will give you expert advice at the outset of your case as to the likely outcomes and how progress your case in a cost effective a manner to achieve the best outcome for you. We recognise that each case requires a different approach and can deal with this appropriately, from collaborative law through to a firm litigious approach as required.
We have expertise in all aspects of divorce settlements, including pensions, trusts, company and partnership interests, and strong links to both counsel and expert advice if required. That expertise is recognised by both our competitors and by Chambers Guide.
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