Divorce

The family team at Herrington Carmichael is experienced in dealing with all matters following the breakdown of a marriage. We pride ourselves on being highly approachable, sensitive, and supportive during what can be a difficult and emotional time.

When it comes to a divorce will be able to support you with:

• the process of getting divorced
• agreeing a financial settlement on divorce
• resolving issues concerning your children after divorce

We will guide you through the process of divorce and any related matters with a view to it being as amicable and straightforward as possible.

The issues which arise on divorce can often seem overwhelming, especially in complex, high value, or international cases. We are a Legal 500 Tier 3 ranked team of family lawyers who have extensive experience, who have extensive experience in providing clients with effective, clear, and pragmatic solutions and dealing with the financial consequences of divorce.

Even if you and your spouse have agreed how to divide your assets, you should still take advice from a specialist family lawyer about how best to record your agreement to ensure that it is legally binding and enforceable. Even if you are divorced, your ex-spouse may still be able to bring a financial claim against you, unless there is a court order dismissing those financial claims.

When dealing with financial issues, our starting point is effective negotiation – resolving differences practically and efficiently in a child-centred manner. We also advise on the alternatives to court proceedings (known as 'Non-Court Dispute Resolution' or 'NCDR'), including arbitration, mediation, and collaborative law.

Keeping a child's well-being in mind is vital during divorce proceedings. Here are some things to consider when getting divorced:

Parental Responsibility: Both parents retain equal rights and responsibilities towards their children, even after divorce. This includes decisions about upbringing, education, and medical care.

Child Arrangements: Parents should ideally agree on living arrangements, contact time, and financial support. Formal options include a Parenting Plan (non-binding) or a Child Arrangements Order (court-approved). Mediation is encouraged before taking legal routes.

Children's Voice: Older children (usually 10-12+ in many countries) have the right to be heard in court or express their wishes to specifically trained mediators. Their views are considered based on their maturity and understanding.

Child Maintenance: One parent may be required to pay the other for the children's financial needs. Guidelines often consider income, living costs, and children's needs.

Court Intervention: If parents can't agree, courts make decisions based on the "welfare principle." This means prioritising the children's needs above all else, considering safety, welfare, stability, and their relationship with both parents.

There are many different forms of abuse including not only direct physical abuse, but also emotional behaviours such as coercive control. Evidence of police reports, medical records, witness statements, and even recordings can be crucial in building a strong case. However, emotional abuse can be harder to substantiate, requiring skilful legal guidance to present its impact on the marriage.

Restraining Orders, Non-Molestation Orders and Occupation Orders look to protect parties and can provide crucial buffers against further abuse. Understanding and using these legal tools, with strong legal support, empowers survivors to rebuild their lives with a sense of security.

Divorce can bring emotional upheaval and it may be that you are not quite ready to sit and discuss matters in an unsupported manner. If that is the case; you may choose to explore mediation. A mediator would try and help you and your spouse reach some common ground so that you can reach an agreement or a "memorandum of understanding".

Discussions in mediation do not bind you. You will be advised by your mediator to take the proposed agreement to a family lawyer so that you can obtain independent legal advice on the proposed terms and so that a lawyer acting for one of you can draft the agreement into a consent order which can be submitted for approval by a Family Court Judge.

There are circumstances where mediation is not appropriate, for example if there has been domestic violence or if there is urgency because resources may be at risk.

The general rule is that pensions that have been accrued during a marriage, to include any period of pre-marital cohabitation, should be shared equally. However, that is only a guide and it may often be appropriate not to share the pensions equally.

In some cases, the parties may prefer not to share the pensions and instead, for one party to receive a greater share of the capital in lieu of a pension investment. For example, it may suit the family for one party to retain the family home and for the other party to retain their pension instead of receiving a share in the family home.

We can advise on what outcome may be more suitable, financially and otherwise.

We cannot advise on tax issues and you will need to seek separate expert advice on such matters.

The family team at Herrington Carmichael is experienced in dealing with all matters in relation to pensions following the breakdown of the relationship between a married couple or civil partners. We pride ourselves on being highly approachable, sensitive, and supportive during what can be a difficult and emotional time.

Property law on divorce can be complex, and seeking legal advice early will help ensure you get the best outcome.

There are a few things to consider in regards to property when divorcing, and not everything gets split 50/50 automatically. Judges consider a multitude of factors beyond mere value, including (but not limited to):

Contributions: Each spouse's financial and non-financial contributions (childcare, homemaking) are considered.

Needs: The needs of the parties might influence how their day-to-day needs are met.

Children: If a child is spending more time living with one parent in order to provide stability for their housing, that parent's housing needs are likely to be prioritised over that of the other parent.

Length of Marriage: The longer the marriage, the more likely it will lead to a more equal distribution, recognising joint effort and endeavours over time.