Oxford Family Solicitors

When the division of pensions is being considered, a pension scheme Cash Equivalent Value may be used as a starting point. The advice of a pension actuary may be needed to look at providing an income for both parties on retirement. Often we will be looking at obtaining a pension sharing order from the court to achieve the necessary division, where a percentage of one or more of the pensions are transferred to the other person. Offsetting (where one party is compensated for the loss of pension rights by receiving other assets) or earmarking (a percentage of the pension is set aside for the ex-spouse to claim on retirement may) also be considered, which require a Court Order to be effective.

This is a complex area of law and requires careful consideration, so we ensure our clients obtain advice about the right options for them.

Rather than going to court, mediation is a flexible way of resolving disputes, arising around separation or divorce, saving time and money. Our accredited and experienced mediators resolve issues through face-to-face meetings, helping couples arrive at a solution that suits them both.

Mediation enables couples to communicate directly with each other, rather than via solicitors or across a courtroom. Our mediators act as impartial third parties whose job it is to discuss options to help craft a solution to suit both parties and their family. Common topics include childcare, co-parenting plans and resolving financial issues.

Some of the cases we deal with are very straightforward and some are more complicated.  We charge for the time we spend assisting and advising clients with their divorce proceedings, and we are happy to support clients who wish to keep their legal costs to a minimum by filing their own documents.  Where we are filing the documents at court for our clients, our charges are usually between £400 and £800 plus VAT.

Anyone filing a divorce petition has to pay a separate court fee which is currently £593.

To learn more about how much it will cost to sort out financial issues, please read more here.

The cost of resolving financial issues between separating or divorcing couple depends upon how contentious those issues are between the parties. Both parties should prepare a Financial Consent Order which sets out how financial issues have been resolved to make sure that their agreement becomes binding, and if couples can agree matters between themselves then this will involve our advice in preparing in dealing with paperwork plus the court fee. Mediation can help to keep costs to a minimum, whilst resolving difference, but if agreement can’t be reached, going to court can be a costly exercise.

To learn more about how much it will cost to sort out financial issues, please read more here.

If you are separated from your child’s other parent you are required to have child maintenance which is calculated, in most cases, through the Child Maintenance Service (CMS) which can seek information from the Inland Revenue. If you earn more than the maximum CMS threshold, the court can award top-up maintenance to the other parent. Calculating payments is not always straightforward, but you can use this calculator: Calculate your child maintenance – www.gov.uk) 

If you do not agree to the amount of maintenance, you can ask the CMS to re-consider and ultimately appeal the decision to an independent tribunal.

There is no such thing as common law husband and wife, even if you have lived together for many years. You only acquire the rights of a spouse if you marry or enter into a civil partnership. So if you separate, the only assets which you can claim against are those owned jointly, or that you have made a direct financial contribution to and about which you have agreements in place. If you are planning to cohabit, a Cohabitation Agreement outlines who will contribute towards what during the course of your relationship. This will also establish what rights you both have to each other’s assets and the future claims that you understand will or will not be made.

It is possible to appeal any decision relating to a school placement – this involves completing a written application, with evidence, where relevant. An appeal is successful if the admission criteria do not comply with the school admissions’ appeal code, if admission arrangements have not been properly followed or the decision to refuse your child a place was not reasonable.

The appeal is initially made in writing and a hearing date is set. You must comply with the appeal process and timetable. Your appeal is heard by an independent tribunal where evidence will be given about the admission criteria and how it has been applied.