Going through a divorce can be a stressful experience, especially if you aren’t well-informed about the various processes that are required during this period of time. Fortunately, our solicitors are experts in divorce rights for women and are at hand to provide you with guidance and support.
Many individuals have concerns about the practicalities of a divorce, such as coming to a settlement, dividing finances, and sorting out appropriate measures for children. Our solicitors have years of experience advising on divorce rights for women and will make sure you are fully informed of all the proceedings that you are required to complete. We will also support you throughout the entire process, dealing with any documentation that needs to be completed.
No fault divorce
As of the 6th of April 2022, separating couples will no longer need to prove any fault on behalf of their ex-partner when getting a divorce, instead this new law encourages a more productive and collaborative approach to separation and trusting the overall judgement of the couple going through the process.
The process of a no fault, no blame divorce is far more straightforward when it comes to divorce law in the UK, couples are able to file for divorce or civil partnership dissolution with no blame being attributed to their former partner.
What are my rights in a divorce?
When it comes to divorce in the UK, there are certain rights that you will be entitled to, including:
Financial settlements
There is no explicit way to determine your financial rights when starting the divorce process, or how the divorce settlement will be calculated. In general, the principle of fairness takes precedence in these situations, however, if there is a big financial disparity between you and your ex-partner there is a potential that you will receive less.
There are a range of methods for the division of assets, for example, private negotiations between you and your partner, mediation and more. Before doing so, it’s imperative that you consult with an experienced divorce solicitor so that you are fully informed about what is the best option for your specific circumstances.
However, if you aren’t able to come to an agreement with your ex-partner amicably, you may have to rely on the court to decide on a settlement on your behalf. This is typically more expensive and time-consuming, however, sometimes it is unavoidable. If your case goes to court, our divorce solicitors will be happy to provide you will excellent representation whilst building you a robust case.
If there are children involved, typically the court will give priority to the primary caregiver and will address the reasonable needs of both parties where issues like housing are concerned. Your divorce solicitor will lead you through the aspects that the court might consider, including factors like the parties' ages, the duration of the relationship, jointly and individually owned assets (including property), along with your income and pension.
Property rights
How property is divided will depend on who is the owner and whether is it owned under a joint name. If you are married, you will likely have a right to occupy the home, even if your name is not on the deeds. If there are children involved, some individuals can potentially have the right to remain there until after their children have finished school.
If you are able to come to an agreement about what to do with your shared property privately, this can often be the least time-consuming and least expensive option. Again, alternative dispute resolution methods can also be beneficial in this situation, such as mediation. If you have exhausted all of your other options and are still unable to come to an agreement with your ex-partner, you will have to apply to the court for them to decide on the settlement for you. This can often take a lot longer and is often more expensive, so it is normally an option reserved till last. However, our divorce solicitors at TG Baynes will be happy to assist you in crafting a robust case, whilst providing you with excellent representation in court.
Child arrangements
If there are children involved, it's important to have an open and frank conversation with your ex-partner about what the children’s living arrangements are going to look like. Most situations like this can be resolved amicably as long as the two individuals are receptive to each other’s wants and needs. Failing this, alternative dispute resolution techniques such as mediation and/or collaborative law can be employed to help come to a decision.
Mediation involves a neutral third party being involved to help facilitate constructive discussions around the subject, with the aim of producing a mutually agreeable outcome. Collaborative law is an alternative method in which the separating couple attend a series of round table meetings with their respective lawyers present. The objective of this is that a positive outcome can be created between all parties.
Should alternative dispute resolution techniques prove ineffective, our divorce solicitors will be happy to provide you with representation in court.
Why choose TG Baynes?
Our divorce solicitors at TG Baynes have many years of experience helping clients navigate the divorce process, whilst keeping them fully informed and aware of all the rights afforded to them during the divorce procedure. We work diligently to protect your rights, whilst taking extra time to make sure that no details have been overlooked in securing you the best possible outcome.
With our divorce solicitors, you can be sure that you’re in safe hands.
Contact our divorce solicitors at TG Baynes
If you need assistance or guidance from our solicitors specialising in divorce financial settlements, feel free to contact us at TG Baynes right away.
Our solicitors are well-versed in all aspects of the divorce process and will ensure that you go into the process feeling informed and supported.
You can speak to one of our excellent solicitors by contacting one of our offices in Bexleyheath, Dartford or Orpington. Alternatively, you can fill in our enquiry form and one of our solicitors will get back to you shortly.