Divorce
If divorce is the way forward to achieve the desired harmonious family environment, then the team at Nelson Myatt will be there for you. It is not unusual to have many questions and be lost in terms of understanding what you’re wanting to achieve as an outcome. Our team are here to support and advise you every step of the way.
There are some parts of the divorce proceedings in which you may find you want to do yourself. Of course, you are entitled and will be advised on the sections in which you can complete in order to lower the costs. It may be that mediation is all that is required of you and therefore the need for the Solicitors help is irrelevant. However, the most important thing to do is to ensure that you discuss your situation as early as possible.
Divorce law has become easier for the family environment in terms of reducing the hostility and ensuring a harmonious atmosphere thrives. With thanks to the Divorce, Dissolution and Separation Act 2022 from 6th April 2022 separating couples no longer must point the finger, rather, focus on other aspects of the separation i.e., concentrate more on the children involved or the finances to ensure that both parties can survive in the future.
So, what are the grounds for divorce?
Simply that you must show that the marriage has irretrievably broken down (i.e., the marriage has broken to a point beyond reconcile). This is now shown by filing a statement of irretrievable breakdown, which the court must take as conclusive evidence.
“This historic change will mean the end of the blame game for divorcing couples, removing the outdated and unnecessary need for them to find fault with their ex on the divorce petition.
Our members help couples facing separation and divorce to minimise conflict and find constructive, lasting solutions, putting the best interests of any children first. For years, the previous divorce law made this more difficult, with the need to apportion blame often introducing or exacerbating conflict unnecessarily – this end today.”
(Juliet Harvey, National Chair of resolution)
“How do you split my assets when we divorce?”
When proceeding with a divorce, the automatic position in a long marriage is equality (i.e., all assets are to be shared equally) unless there is good reason not to. One example of this is that the other party may be looking after your children thus needing extra money, etc.
The equality principle is substituted for the needs principle if your marriage is between 1-14 years long.
“Is my Wife/Husband entitled to half my investments/savings?”
Your investments and savings may well be considered by the court in the final financial settlement.
NOTE: it is important to understand that investments/savings/assets obtained before the marriage or civil partnership may not be handled the same as that of the assets obtained within the marriage or civil partnership.
“What am I entitled to in a divorce settlement?”
When going through a divorce you may find yourself getting things like:
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A share plan of your partner’s pension
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Spousal Maintenance
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A lump sum of money if the other party were to buy you out of the matrimonial home.
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And more.
“What counts as an asset in divorce?”
The courts approach this carefully, only considering that of any real value. Some examples include:
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Properties
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Vehicles
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Pensions
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Business assets
How does high net worth divorce work?
High net worth (HNW) divorces demand professional solicitors to ensure they raise all complicated legal and commercial implications while continuing to provide excellent reputation. Nelson Myatt is here to provide high standard expert advice allowing those who have a HNW divorce to feel at ease.
HNW divorces include vast complex considerations; however, the utmost importance relies on the distribution of wealth and to ensure fairness is reached. Much like smaller value divorces, fairness will still want to be sought i.e., to ensure that once the divorce is given that either one of the parties are able to live independently. Nelson Myatt strives for fairness and to ensure that our party is not left without.
“Is a Prenup legally binding and the importance of one?”
A prenuptial agreement (“Prenup”) is a formal contract between two individuals before a marriage or civil partnership occurs.
Contrary to many jurisdictions, a prenup in the UK is not legally binding; however, they are extremely persuasive.
“So, what is the point of completing one?”
Following the Supreme Court decision in Radmacher v Granatino, Prenups are now increasingly being taken into account by the family courts and a line of case law has developed demonstrating a move towards enforceability.
When considering whether to enforce the terms of a Prenup, the court will ask itself 3 key questions:
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Were there any circumstances at the time the Prenup was made that should detract from the weight of it?
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Were there any circumstances at the time the Prenup was made that should enhance the weight of it?
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Is it fair and just to depart from the Prenup?
“What is the normal split of assets in divorce?”
The courts will consider all the circumstances before making the final financial settlement; however, for long marriages the starting point is equality. For example, a 50/50 split.
It is possible for the courts to depart from equality if it would be fair and reasonable to do so. For example, the court may order a 60/40 split if one party has a reduced earning capacity due to ill health etc.
If you would like to discuss your personal circumstances in confidence you can call our team on 01492 588200 or email info@nelsonmyatt.com. Alternatively, why not book an initial appointment on line using the 'Make an appointment' button at the top of this page.
Meet our team
Andrew Nelson
Head of department
Karen Leadbetter
