The end of a marriage can be the most distressing of experiences.
At JMS Solicitors we ensure Clients get sound legal advice from highly trained, sympathetic and understanding divorce lawyers.
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We pride ourselves on our ability to focus on Clients' individual needs and settling cases constructively and sympathetically, whilst remaining competitive in both service and fee structure.
As JMS Solicitors is constantly striving to provide our Clients with affordable legal services we are pleased to offer a flat fee divorce option of £450 plus VAT plus the Court Fee of £360. In order to qualify for this service both parties must be in agreement with the divorce and any financial settlement and it must be on an amicable basis. There must be no children or dependents involved within the relationship. If there are children involved or any additional legal action or litigation is required then this will be charged at your solicitor's hourly rate. To ascertain which is the most appropriate service for you please call to discuss your matter with our divorce solicitors or complete our Callback Request Form.
JMS Solicitors aim to provide permanent solutions with a view to minimising the stress and anxiety experienced in the divorce process.
Our Areas of Expertise include:
A Separation Agreement is a written agreement entered into by the parties recording the financial agreement that they have reached. There is no requirement to formally record the financial terms however it can give both spouses a degree of protection and certainty if that agreement is recorded in a legal document.
In the event of divorce the exact division of assets will depend on factors including the current and future financial state of each party, the length of the marriage and each party's contribution throughout the marriage. If you are not married we are able to give legal advise to you on your rights in respect of the property you occupied with your partner. Whether the property is owned jointly or in one parties name we can you advise you in this area.Our role at JMS is to ensure that the settlement negotiations are as fair and as quick as possible. Full court proceedings will only be issued if it will help us to reach a suitable agreement.
Marriage breakdown can be a traumatic and difficult time for any children in the marriage. At JMS we aim to help you minimise the damaging effect that litigation can have on the children and on family relationships in general, using negotiation and agreement wherever possible.
Domestic violence is physicaland/or sexual violence and can also include psychological or financial controlling behavior which is abusive and which takes place in an intimate or family relationship. The Family Law Act protects victims of domestic violence with two different types of orders. They are a Non-Molestation Order which prevents another person from harming you or a child and an Occupation Order which will order who can live in the family home. Contact JMS for more information in this area.
Same sex couples may now register their partnership, and as such acquire rights and responsibilities that are similar to those of a married couple. If you are in a civil partnership you have rights to claim maintenance, lump sum payments, property transfer, pension sharing, and pension attachment, should the partnership break up.
The rights of cohabitants in the event of separation will vary. One factor in the entitlement to the property after separation is the level of financial contributions made during the cohabitation.
The role of the Pre-Marital or Pre-Civil Partnership Agreement is growing, although courts will rarely be bound by them. Courts will be guided by the content of the agreement, but can choose not to follow it. Where you have a pre-marital or pre-civil partnership agreement we recommend taking our legal advice to establish whether it would be likely to be upheld in a court of law.
Collaborative Law is a process enabling parties, at the breakdown of a relationship, to take legal advice and negotiate financial settlement without the necessity of engaging in Court proceedings.
Court of Protection was created under the Mental Capacity Act 2005. It makes decisions and also appoints other people (called Deputies) to make decisions for people who lack capacity to do this for themselves.
An LPA can be used in relation to your financial affairs or your personal welfare. JMS can assist you in appointing a friend, relative or professional to hold an LPA for you.
For all questions and queries about divorce proceedings please call JMS Solicitors today on Freephone 0800 781 7057. Alternatively more information can be found on our Frequently Asked Questions page.
If you are looking for a UK Divorce Solicitor then JMS is here to help you. Our team of solicitors are here to advise you on all aspects of family law and divorce proceedings. Further information about issues relating to divorce and separation can be found below.
Divorce and Separation Agreements
Financial Division of Assets
Pre-Marital and Pre-Civil Partnership Agreements
Children
Civil Partnership
Cohabitation
Domestic Violence
Mediation
Legal Aid
Court of Protection
Lasting Power of Attorney (LPA)
Prior to obtaining a divorce in the UK, it is necessary to prove that the marriage has irretrievably broken down. There are five grounds for divorce that would need to be proved to demonstrate an 'irretrievable breakdown':
Divorce Procedure
The divorce procedure can be straightforward and usually there is no attendance required at court by you, your spouse or by your divorce solicitor. The process can vary in length of time and is dependent on such factors as the divorce being amicable or not defended. Therefore it can take approximately four to six months from beginning to end, although in most cases it can take nearer to 12 months as often financial aspects of the divorce may prolong the process. Nearly all of the steps in the divorce are dealt with by the person who starts the divorce process, known as the Petitioner. The other person, the Respondent takes very few steps. The procedure: Divorce Petition - this document is issued with the court to start the court proceedings. The original marriage certificate needs to be filed with the court and if there are children, a Statement of Arrangements for Children (D8A) must also be filled in and filed with the court. The Statement of Arrangements for Children under 16 (or under 18 if they are at school, college or training for a trade, profession or vocation) will detail such agreemements as where the children will live, their education, childcare, maintenance and contact arrangements. Acknowledgement of Service - the Respondent will be served the divorce petition and the other documents, i.e. Statement of Arrangements for Children. The Respondent then completes the form called the Acknowledgement of Service which confirms that they are in receipt of the petition. Decree Nisi - Once the Respondent has returned the completed Acknowledgment of Service to the Court, the Petitioner can apply for the Decree Nisi of Divorce. The Petitioner must swear an Affidavit confirming the petition contents under oath. The affidavit accompanies an application to the Court for decree nisi. Decree nisi is pronounced in open Court. It is unnecessary for anybody to be present this hearing. Decree Absolute - the Decree Absolute is the final decree of the divorce. This can be applied for by the Petitioner only after a minimum of six weeks and one day has passed since the pronouncement of decree nisi. If a financial settlement on the divorce has not been agreed, the decree absolute may be delayed until agreement has been achieved. A Separation Agreement is a written agreement entered into by the parties recording the financial agreement that they have reached. There is no requirement to formally record the financial terms however it can give both spouses a degree of protection and certainty if that agreement is recorded in a legal document.The Courts will normally uphold a Separation Agreement however it could be set aside if there had been a significant change in one party's circumstances. It is important for both parties to obtain independent legal advice to avoid a claim by one party that he/she was forced to accept unfair terms.
This straightforward agreement deals with financial matters such as lump sum payments and maintenance payments for the spouse and any children. You may also wish to include arrangements for the sale of the house and timetable for divorce.
The court will always put the welfare of any children of the marriage first. Once these needs have been addressed, it will then consider the following:
Our role at JMS is to ensure that the settlement negotiations are as fair and as quick as possible. Full court proceedings will only be issued if it will help us to reach a suitable agreement.
The role of the ‘Pre-Marital' or 'Pre-Civil Partnership Agreement' is growing, although courts will rarely be bound by them. They are quite often useful in encouraging a spouse to accept a pre-agreed settlement. Courts will be guided by the content of the agreement, but can choose not to follow it. Where you have a pre-marital or pre-civil partnership agreement we recommend taking our legal advice to establish whether it would be likely to be upheld in a court of law.
Where both parties agree to be bound by the Agreement
If both parties are willing to be bound by the pre-marital or pre-civil partnership agreement, we advise that a copy of the agreement should be submitted to the court – and the court can then make a court order confirming the agreement. The court will only approve the agreement if:
Where one party does not wish to be bound by the Agreement
If one party does not wish to be bound by the agreement they can still often get out of it, for instance if there have been changes in circumstances since the agreement was made.
In short, a pre-marital or pre-civil partnership agreement is a useful tool to help the negotiation process, but the courts will always retain their discretion to divide the family assets as it sees fit, and not in accordance with an agreement that may have been made many years before.
Marriage breakdown can be a traumatic and difficult time for any children in the marriage. At JMS we aim to help you minimise the damaging effect that litigation can have on the children and on family relationships in general, using negotiation and agreement wherever possible.
The court will always put the welfare of the children first when considering the following:
A voluntary agreement is usually the best solution – this can be drafted by JMS Solicitors with the help of trained mediators. Where possible, mediation is a quicker and cheaper solution for all concerned, meaning that lines of communication are kept open between the parties, and often costly court cases can be avoided. Once an agreement is reached, the court can then make a court order confirming the terms of the agreement. Our role is to advise throughout and to ensure that the agreement is made in the best possible terms.
A Conciliation Hearing is another option – this is non-adversarial and is a court hearing that aims to bring about a voluntary agreement between the parties.
Same sex couples may now register their partnership, and as such acquire rights and responsibilities that are similar to those of a married couple.
The civil partnership can only be dissolved by court process on the grounds of irretrievable breakdown. The grounds for dissolving the partnership are the same as for divorce, apart from ‘adultery’. Adultery is a term which refers only to heterosexual sex, and as such cannot be used to dissolve a same-sex relationship. If a partner is unfaithful, the ground for dissolving the relationship would most likely be that of unreasonable behaviour.
Rights
If you are in a civil partnership you have rights to claim maintenance, lump sum payments, property transfer, pension sharing, and pension attachment, should the partnership break up.
You can also acquire parental responsibility for your civil partner’s child, by agreement, or by court order, and once you have parental responsibility or the court’s permission, you can apply for residence or contact.
To summarise, civil partners are treated as married couples for the purposes of entitlement to welfare benefits.
Agreements
You can enter into a civil partnership agreement that is the equivalent of an engagement, and which entitles you to make a claim if the relationship fails – so long as any claim is made within 3 years of the end of the agreement.
There is also a pre civil partnership agreement, which is like a pre-nuptial agreement, setting out what the parties would want to happen if the partnership broke down. At present the court can choose whether to honour the agreement (as with a pre-nuptial agreement) but it is a good tool from which to negotiate settlement.
Wills
As with marriage, any Will you have made prior to a civil partnership is automatically revoked upon registration of the civil partnership.
Civil partners automatically inherit under the intestacy rules
Transfers between civil partners are exempt from inheritance tax
Cohabitants have very few rights, contrary to popular belief.
Where your partner owns the property:
You have no automatic right to a share in that property, you would need to show that:
It can be difficult, costly, and time consuming to prove your entitlement.
Where you own the property jointly
If you own the property as ‘joint tenants’ you own half each, and nothing paid or done throughout the ownership will affect this.
If you own the property as ‘tenants in common’ then the size of your share should have been specified (i.e. 40%-60%).
Your solicitor will have advised you on these two options when you bought your property, and you can ask us to check the title deeds to see how you own your property.
You can enter into a cohabitation contract, which would usually be enforceable in the event of a separation.
Cohabitees with Children
If a father is registered on the birth certificate after 1st December 2003 he will automatically have parental responsibility, otherwise he needs the formal written agreement of the mother or a court order.
If you are the main carer for the children you can make financial claims on behalf of the children (under Schedule 1 of the Children Act 1989). You and the children may be able to remain in the house for as long as the children are dependent, regardless of who owns the property. Alternatively, the court can make orders for lump sums to provide for housing or other specific needs of the children.
The court would assess the needs of the children and act in their best interests. Often you would have to repay the capital once the children reach 18 or finish their education.
You can also apply to the Child Support Agency, in some cases through the court, for child support.
What if your partner dies without making a Will?
For further details about making a Will please visit the Wills and Probate section of our website.
Domestic violence is physical, sexual violence and can include psychological or financial controlling behavior which is abusive which takes place in an intimate or family relationship.
If you are in immediate danger, call 999 for the police. If you do not require urgent assistance contact the police. Their Domestic Violence Unit can give you general advise or you may wish to contact the 24 hour National Domestic Violence Helpline Freephone 0808 2000 247 or Mens Advice Line 0808 801 0327.
It is not reconciliation, therapy or counselling. It is a way of resolving problems through discussion and negotiation in the presence of an impartial and professional mediator.
You may need to discuss arrangements for your children, decide whether the family home or other assets should be sold and how they should be shared between you.
You decide what needs to be discussed with your partner and the mediator manages the meetings and provides you with information to assist you in reaching fair solutions.
It is an alternative to costly and lengthy court proceedings and leaves you in control of your own affairs.
JMS continues to work successfully with Cheshire Mediation who provide a very personal and approachable service.
Regrettably JMS is unable to offer legal services under the Legal Aid Scheme. For more information about Legal Aid and whether you qualify, visit the Government website www.legalservices.gov.uk
Court of Protection makes decisions in relation to property and affairs, healthcare and personal welfare of adults and children who lack capacity. It can also make declarations about whether someone has the capacity to make a particular decision.
The Court of Protection has powers to:
LPA is a legal document appointing a trusted person as an 'attorney' to mak decisions on your behalf
This can be drawn up at any time while you have capacity (are still mentally capable). An LPA must be registered at the Office of Public Guardian if it is to have a legal standing.
There are two types of LPA:
Property and Affairs LPA
A Property and Affairs LPA allows you to choose someone to make decisions about how you spend your money. This can include the management of property and affairs.
Personal Welfare LPA
A Personal Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare. This includes decisions to refuse or consent to treatment on your behalf and deciding where you live.
Enduring Power of Attorney (EPA) was replaced by LPA on 1st October, 2007. A person given power under an EPA before 1st October, 2007 can still use it and apply to have it registered.
For any further information about divorce, family law and the services that JMS provide please call us on Freephone 0800 781 7057.
Take one celebrity chef, separate him from his wife, sprinkle with allegations of intercepted letters, simmer and serve with a landmark ruling.
Marco Pierre White, the former Michelin-starred chef and television presenter, is pursuing his estranged wife’s lawyers in a test case that could change for ever the way that divorce battles are fought. Family lawyers warn that the chef’s lawsuit could end the practice by spouses of turning detective to unearth evidence.
Two million unmarried couples need new legal rights to protect them from injustice if they separate, the new senior judge in charge of law reform has said.
In many cases long-term partners cannot be adequately protected by existing laws, according to Lord Justice Munby, chairman of the Law Commission. It was time that the law was brought up to date with changes in society. “It is a fact that the number of people marrying today is less than it has been for over 100 years,” he said.
former chairman of ICI has won a court battle to evict his ex-wife from their “super-prime” £14 million Chelsea home so that he can sell it.
The Court of Appeal accepted that Charles Miller Smith was “haemorrhaging money” on the southwest London property and could not be expected to keep up monthly mortgage payments of £27,000.
The three judges gave Debjani Miller Smith, 44, three months to leave the home in Egerton Terrace that she jointly owned with her former husband.
A British woman left almost penniless by divorce goes to the Supreme Court this week in a case that will test London’s reputation as the divorce capital of the world.
Sikirat Agbaje, 68, is challenging a divorce award made in her native Nigeria and upheld by the Court of Appeal in London that left her with just under £7,000.
Her former husband, Olusola, 71, a barrister to whom she was married for 40 years, took £616,000, including two properties in London.
A woman at the centre of a £400 million divorce case has been given six weeks to leave her home.
Michelle Young told Central London County Court yesterday that her estranged husband, the property tycoon Scot Young, said that the rent had been paid until December. However, the court heard that no rent was paid and since July 23 this year she owed £24,000 for the property in Regent’s Park Terrace, London.
A businessman ordered by a court to explain the disappearance of his alleged £400 million fortune after his wife filed for divorce may have faked a mental breakdown to escape jail, the High Court was told yesterday.
Scot Young had been ordered to provide full disclosure of his finances or be sent to prison for six months. That deadline expired on September 7 without Mr Young giving the information required.
A former investment banker has succeeded in winning a bigger divorce settlement after appealing against a ruling in which his wife was awarded 65 per cent of their joint assets.
A former investment banker has succeeded in winning a bigger divorce settlement after appealing against a ruling in which his wife was awarded 65 per cent of their joint assets.
The bitter 18-month saga of John Cleese's financial settlement with his former wife appears to have come to an end.
The former Python has agreed to pay Alyce Faye Eichelberger Cleese, a psychotherapist, £8 million in cash and assets plus monthly maintenance of £50,000 for the next seven years, taking the total package to in excess of £12 million.
The billionaire Tchenguiz brothers have been ordered by a judge to return confidential documents seized from their brother-in-law in a feud over their sister Lisa’s divorce.
The High Court ruling yesterday was the latest twist in a long-running dispute between Robert and Vincent Tchenguiz and their brother-in-law and former business partner Vivian Imerman.