Wills, Living Wills & Powers of Attorney

You can get divorced if all of the following apply to you:

• you have been married or in a civil partnership for more than one year.
• your relationship with your partner has irretrievably broken down
• your marriage is legally recognised in the UK.
• your permanent home is in the UK.

Please come and discuss your situation with the family law team and we can advise you of your legal situation. In some cases, it may also be possible to annul your marriage.

After you have confirmed that you are able to get a divorce, then you must apply for a divorce. This involves filing a divorce application or divorce petition and we can help you fill this out and gather the appropriate documents that will need to be submitted for the application. For one, you will need to have your original marriage certificate or a certified copy, and if it is not in English have a certified translation made. We can explain the various steps and walk you through the whole process.

Yes, you can just separate. However, there are different legal implications when it comes to a separation and a divorce. Generally, a divorce will carry bigger legal weight than a separation and you may be entitled to more assets under a divorce than a separation. You will also get an Order in the divorce process which will give you the finality that you need to make sure your financial circumstances are dealt with properly. Our family law team can advise you on what exactly the legal differences are and what option will best suit your circumstances.

The cost of your divorce or dissolution of a civil partnership will depend heavily on how complicated it is and how long it takes. A very straightforward case, where both parties amicably negotiate a financial settlement and the splitting of assets and child arrangements, if required, will cost much less than if no amicable financial settlement can be reached and your case has to go to Court. But don’t let cost be a hindrance, come and talk to us at Downs and we can give you an estimate of how much your case may cost. Additionally, depending on your circumstances, we do offer a fixed fee divorce package.

The short answer is no, you do not have to Court. However, this will depend very much on whether you and your partner can negotiate and come to amicable agreements. Our family law teams are happy to mediate and help with negotiations. However, if you are unable to come to an agreement with your partner, then the only solution is to go to Court. Should this be the case then we can support you through this process, you will not be alone.

Generally, the starting point for splitting assets is to achieve equality – this doesn’t always mean a straight 50/50 split of everything!

Each case will be different and your arrangements will depend on factors such as if you were married or in a civil partnership, how long you were together, how complicated your financial situation is, and whether both parties agree to a financial settlement. In cases where both parties agree to a financial settlement, the assets can be split according to the agreement, 80/20, 70/30 or another split. However, if it is not possible to come to an agreement, we can advise you and try to help negotiate to reach an amicable financial agreement. If negotiation or mediation is not successful or your finances are  very complicated, then a financial settlement can be reached through Court.

In the UK, generally assets are divided to bring about as equal a position as possible. However, this is supposed to be an amicable or fair split and if your finances are very complicated or you run a business or you brought many assets into the marriage or civil partnership, a 50/50 split may not apply, as it may be considered unfair. The final split will depend on what is considered fair and what can be negotiated and agreed upon. This could be 80/20 or 70/30 or another split. Whatever split you agree on, you will have to apply for a consent order (an Order setting out what you have agreed to the Court) to make it legal and the team at Downs can help with this process.

If you have a child or children, you and your partner should try to come to an agreement on child arrangements. Sometimes this can be difficult and the family law team at Downs can help with discussions, especially when it comes to issues like who will support the child(ren) financially, where will the child(ren) live, and how much time the child(ren) will spend with each parent. Some of these arrangements should be made legally binding and we can help prepare the paperwork for that. If it is not possible to come to an agreement through negotiations , experienced solicitors at Downs can represent you in Court.

There are two types of maintenance, spousal and child maintenance. For child maintenance, there is a statutory amount that will need to be calculated and paid (set out in most cases under the assessment by the Child Maintenance Service) for the person who will be responsible for the child. However, for spousal maintenance, there is no such fixed calculation. The spousal maintenance will be calculate based on need and fairness and what the two parties can agree on and we can help you with that process. If no agreement can be reached, then the Court will need to decide the amount to be paid and how long it will need to be paid.

The simple answer is, no. There are many variables that determine who will get the home you have lived in together. Part of the decision will depend on who owns the home and who needs the home. The outcome will differ if the home is registered in your name only or jointly with your partner or is owned together with someone else. It will also depend on whether you have children or if it is easier to sell the home and share the proceeds.

However, if your partner owns the home and you are worried that they will sell it prior to the divorce and keep the proceeds, then our team can help you register your home rights, which can stop your partner from selling the home and protect you whilst we work through the process of settlement.

The simple answer is no, not at all.  In negotiations and in the Court process, the focus will be on what resources you as a family have, and what the unique needs of your family are.  There is no gender bias in either the negotiation process or the Court process and it will depend on your facts as a couple and as a family.

Simply put, pensions are considered part of the joint finances and will be split, starting at a point of 50/50, when you divorce or dissolve a civil partnership. The final split will be determined by the financial settlement you agree on either amicably negotiated between you and partner, or through a court order. However, there are ways to negotiate pension splits and this may depend on your age and circumstances. Our family law team can advise you on what will best suit your situation.

Legally, all assets, regardless of if they are in the UK or overseas are considered joint assets or matrimonial property. However, a distinction will be made whether you brought those assets to the marriage or civil partnership. If the overseas assets were obtained prior to the marriage or civil partnership, there can be an assumption that they are unlikely to be considered as part of the matrimonial property. That is not always the case and will depend on your particular circumstances. However, in some cases it may be difficult to enforce UK court orders in a foreign country, if your partner is not amicable, and this may lead to problems when trying to access or sell those overseas assets. At Downs we can advise you on how best to deal with overseas assets.

While DIY divorces can seem like a good idea, you can soon find yourself caught up later on, especially where you are financially linked.  A solicitor will help you consider every aspect of your divorce, both during and after you’ve signed the paperwork. For example, did you know that without the correct documentation, an ex-spouse may be entitled to any windfalls you receive later in life, like an inheritance or lottery win? They can also make claims to your pension and other assets many years later,  in certain circumstances. Getting legal advice may seem expensive, but it probably the best investment for your peace of mind in the long run.

Depending on your financial situation, you can get Legal Aid. If your income is low and your financial means are limited, you may be entitled to waive some of your court or tribunal fees. There are numerous eligibility criteria, based on your income, savings and benefits. However, as a general rule, if you earn £1,170 or less a month before tax, then you are eligible. Also, you can receive Legal Aid, if you are separating from an abusive partner.

This is really a personal decision, but if you can see your relationship is coming to an end, the sooner you can prepare the better. To prepare to take advice, it can be a good idea to find out the value of your home or any other assets, track down paperwork for any businesses you run and get as best an idea as you can about the amount of savings you have, along with the value of debts or pensions. But don’t worry if you don’t know any of this information as we can help you to find all of this out and advise you how to have proper discussions and negotiations to come to a settlement.

Under current legislation in England and Wales, pets are treated as an item of property. It’s hard to think your much-loved animal is treated in the same way as a piece furniture legally, but thankfully, there is a movement focussing on the importance of treating animals more like a member of our family. Dogs and cats particularly will need to adjust to their new surroundings and it can actually be more difficult to accommodate change for your pets than for your children. It’s one of many reasons why a growing number of people are now considering “petnups” – similar to a pre or postnup, only this document outlines any care arrangements for pets and any agreements held between couples who end up separating.

You can now, under the divorce process, apply jointly for a divorce. However, you do not have to do so as the Court will accept a sole application so there is no need to obtain the other persons agreement if they are unhappy to begin the process.

In the UK, a prenuptial agreement, or prenup, is a legal contract created before marriage to outline how assets, property and finances would be divided if the marriage were to end.

While prenups are not automatically legally binding in the UK, courts increasingly give them significant weight when they are fair, supported by full financial disclosure and signed with independent legal advice. In this sense, a prenup can be seen as a modern version of a golden ring: a symbol of commitment, transparency and financial protection.

If you have any assets or wealth that you would like to protect before you get married, or you are about to receive either an inheritance or a large gift (such as a property deposit), then it is worth considering a prenup. They can often be very useful for a second marriage where you have your own older children to provide for.

A well drafted UK prenuptial agreement – or “prenup” - provides couples with peace of mind and security, encouraging open discussion about finances before marriage and giving both parties clarity on their rights and obligations. It can also guide courts toward equitable outcomes if a marriage ends, ensuring arrangements are fair and reasonable. That’s why it is always recommended you seek a professional expert to help you draft your prenup.

Just like its well-known counter-part, the pre-nuptial agreement, the “postnup” defines how a couple’s assets are distributed in the event of divorce or death. The only difference is that the postnup is undertaken at any time after the marriage has occurred.

Other than that, postnups are very much like their prenup counterparts; they aren’t legally binding, but they do carry weight in British courts, providing they have been signed by both parties – with the right legal advice of course.

The UK is seeing an increase in postnups, due to the growing number of people who wish to make their own arrangements and have these recognised by a Court as binding on them.  You do not need to be ultra wealthy to decide on where your assets should go!

There could be many reasons why you’d choose to have a postnup, which is why it is imperative you seek the right legal advice.