Oxford Family Law & 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 £400 – £800 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 £593.

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 starting point in law is a presumption of equality. However, the court can depart from equality if the needs of one of the parties justifies this. When considering what orders to make, the court will take into account certain statutory criteria set out in section 25 of the Matrimonial Causes Act 1973; with first consideration being given to the welfare of any minor children of the family. Other relevant considerations include the earning capacities of each party, their respective financial resources, the length of their marriage, the health of each party and any children of the marriage and the standard of living enjoyed by parties during their marriage.

If you think that your spouse is hiding assets, early advice is important. Sometimes mischievous spouses may try to divest themselves of their assets, transfer property to third parties or divert income to other sources to depress their net worth. More commonly, they will simply underplay the value of financial resources that they have disclosed.

If a difficult spouse is unwilling to engage in financial disclosure on a voluntary basis then the first port of call is often an application to the court to compel their co-operation. If the spouse fails to provide disclosure then applications to enforce can be made. Alongside this, spouses that are in breach of court orders may find themselves on the wrong end of an adverse costs order.

If financial disclosure has been exchanged but there is reasonable cause to question this then there are a number of steps that can be taken. A questionnaire may need to be raised of the other persons disclosure and expert evidence may need to be obtained. A forensic accountant may also be needed to value business interests or an actuary’s assistance may be sought to assist with pension sharing orders.

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.

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.

Mediation is a form of dispute resolution that provides an alternative to court proceedings or arbitration. People who engage in mediation may feel they have more control over negotiations and this can be important and empowering. Mediation is not about attributing blame and the process is intended to help people look forward not back.

The mediator’s role is to set parameters for dialogue so that you and your former partner can negotiate in a controlled, safe environment. Your mediator should work with you both to help you identify what you want to achieve and help you work towards this. Before any joint meetings are arranged the mediator should meet you both independently for an initial assessment meeting. This meeting is used to explain the mediation process, identify your respective objectives and clarify what is important to each of you. The mediator will also use this meeting to assess whether they think mediation would be suitable and appropriate in your particular case. If mediation proceeds, one or more joint meetings will be arranged which are facilitated by the mediator.

Where agreement is reached through mediation this will be recorded in a formal document known as a “Memorandum of Understanding”. Once this has been prepared you should consider consulting your family lawyer for further advice and to explore the benefits of setting this out in a legally binding court order.

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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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.