Divorce

A divorce legally ends your marriage and leaves you free to re-marry.

As well as the divorce itself, there may be other matters that need to be addressed such as the arrangements for your children, your housing needs, your shared finances and pension provision.

In order to obtain a divorce, you will have to apply to a Court but, unless there is a major disagreement, it is most unlikely that you will have to go to the Court. Crisp & Co, in common with most specialist law firms, are members of Resolution, the family law group whose code was established to minimise the emotional distress of divorce, particularly where children are involved.

The Courts prefer that parents sort out arrangements for the children between themselves. Unless there is any query about a child’s protection and safety or if a special application is made by one of the parents, the Court will not become directly involved. Such applications are only necessary when agreement cannot be reached by the parents.

Where an application is made by a parent then the Court may consider where a child should live, the amount of time they should spend with the parent they do not live with or a particular matter relating to the child’s health or future.

Yes. As of November 2005, same sex relationships which break down are dealt with in the same way as married heterosexual couples who are separating, provided that they have entered into a formal civil partnership. Otherwise, your case will be dealt with in the same way as a separating heterosexual couple.

Yes. We have many years experience in protecting our clients and their children. Indeed, we have a specialist domestic violence team who will act immediately to protect people who are vulnerable. We have very close links to other support networks in this area, including the police and refuges who can provide you with safe accommodation. We are also highly experienced in dealing with the protection of a client’s financial situation.

The way in which the family’s assets are divided on divorce are determined by the Courts who take into account a whole range of factors which include the length of the marriage, your financial assets, your needs, your children’s needs and contributions made during the course of the marriage.

It is important that you supply us with full disclosure of your financial assets, and also your liabilities, so that we can advise you fully on how the factors to determining how the family’s assets are divided will be applied in your case.

Although it is the Courts who determine the division of the family’s assets, it is not always necessary to attend Court to deal with these issues.

The Courts also put in place a strict timetable so that the financial split can be determined as speedily as possible.

This is a straightforward question which, unfortunately, does not have a straightforward answer.

If you have a broad agreement between yourself and your husband/wife, then the divorce can be dealt with fairly quickly and should be completed within 6 months.

However, if there is an argument either relating to the divorce itself, or the financial aspects of the marriage breakdown, then it can take much longer. Of course, the longer it takes to complete the process the more expensive it will become, so it is in everyone’s interests to reach agreement as swiftly as possible.

There are, of course, many reasons why you may not want to take the steps that will formally end your marriage; these may be religious or you may believe that, in time, the difficulties within the marriage can be resolved.

Once you have decided that you do simply want a separation rather than a divorce, the issues relating to your family finances and to the children can be addressed.

Crisp & Co can advise you with regard to both formal separations through the Courts and informal Separation Agreements.

• Money Matters

Again there is no straightforward answer to this question. The costs will be determined by the length of time it takes to reach agreement both in respect of the divorce and the division of the family finances. If there is no agreement reached, then the matter will be settled by the Court and this will become expensive.

Our costs are determined on an hourly rate, which you will be advised of at your first appointment at Crisp & Co.

At Crisp & Co, we are committed to the belief that everyone should have access to good legal advice, regardless of their financial circumstances. We can negotiate on your behalf to obtain sufficient income to help you meet your needs until final settlement is reached. We can also put you in touch with financial agencies who may be able to help you.

Get in contact with us at Crisp & Co to book an appointment. We have offices in Guildford and Kingston upon Thames.

• Contact Us

We will need you to bring with you the following papers and documents:-

• Your passport or photo identity driving licence plus another proof of identity with your name and address, such as a recent utility bill.
• Your marriage certificate if it is available.
• Any letters or documents that have been sent to you by your husband/wife’s solicitors.

We will need to know the following information from you:-

• Your marital status, the date of your marriage and the date of any separation.
• The full names and dates of birth of your children.
• Your nationality and country of residence.
• The nationality of your husband/wife and their country of residence.
• Details of your income and that of any other member of your household.
• Details of property, assets, investments and pensions held either in your own name or in the joint names of yourself and your husband/wife.
• Details of any mortgages or other liabilities in either your own name or in the joint names of you and your husband/wife.

Do not worry if you cannot provide all the information listed above at the first appointment, any missing information can always be obtained at a later date. However, the more information you can provide us with, the quicker we will be able to advise you in respect of your particular situation.