Derby Divorce Solicitors

A divorce can be quite straightforward unless the divorce is defended or there are difficulties in agreeing upon what ground the divorce is going to be based. . Most divorces cost in the region of £600 – £1,500 plus VAT depending upon the level of seniority of the lawyer dealing with the matters and the complexity of the issues. There is also a Court fee of £550.

The divorce process and paperwork does not deal with the financial issues nor any arrangements for the children.

An average divorce takes in the region of 3-6 months to complete, but we would not advise you to apply for Decree Absolute to finalise your divorce until the financial issues are resolved. In those circumstances the divorce can take longer to finalise meaning that Decree Absolute is not pronounced for 9 to 12 months, sometimes longer.

Once we have identified what the assets are with you, we will work with you and advise you about how to achieve a fair division of the matrimonial assets. We will review which of the assets are “matrimonial” and how these can be divided to meet the Section 25 Matrimonial Causes Act 1972 criteria which includes looking at what would be fair and just, reviewing your respective ages and assets, looking at the pension provision, reviewing any health issues either of you have and ensuring that the children and your own needs are met in so far as capital, housing, pension and income are concerned. There is no one answer about the division of assets and often there are several solutions that may work for you. This is an area of law where our advice will be very specific and detailed.

The law regarding prenuptial agreements has developed over the last 10 years significantly. The Court are now, in light of developments in the case law, giving great weight to prenuptial agreements that satisfy the following criteria:-

a) Being signed at least 28 days before the marriage.
b) Both parties having had independent legal advice.
c) The agreement being based on full financial disclosure.
d) The agreement being fair and reasonable.

Any agreement that does not enable one party to meet their needs is unlikely to be upheld by the Court if there is a later divorce. Agreements that are fair and enable both parties to meet their needs stand a good chance of being upheld by the court.

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Where children live following separation or divorce is for parents to agree. If parents cannot agree where the children should live and what is in their best interests, the Court can be asked to intervene. In deciding what order to be made the Court always keep the children’s welfare as their paramount consideration. This can be clarified by taking statements from the parties, obtaining independent reports from either a CAFCASS Officer or Social Services (or third specialist party). There is no presumption that children will live with their mother, and the Court presume that it is best for the children to have a relationship with both parents unless there is a risk of harm associated with that relationship continuing. Before going to court the Judge will have expected the parents to attend mediation to try to reach an amicable agreement unless for any reason mediation is deemed as inappropriate.

If you are worried about the legal costs you are incurring it is worth thinking about the way in which your issues are being resolved. There are a number of alternative dispute resolution options which will keep you out of Court. Court can often be the most expensive way to try to resolve disputes. Mediation, collaborative practice and arbitration offer alternatives to the Court process which can be cost effective options.

If Court proceedings are the only option available to you, it is worth making sure that you use your lawyer for the most important issues and on points where legal assistance is clearly needed. Using your lawyer for emotional support is not sensible and using specialist help where this is appropriate will keep your legal costs down focusing instead with your lawyer on the legal issues that they can assist you with.

This can be done by the two parents sitting down and agreeing everything themselves, attending mediation, negotiating through solicitors or through a Court application if this becomes necessary. The arrangements can be detailed in a parenting plan or a Court Order. A court will not make any orders about children if the parents can agree matters between themselves.

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