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Nicola
Williams
Solicitor Family Law Specialist, Mediator. 0845 130 1939
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1. What happens to our house and belongings after divorce? 2. Who applies to court for an order to decide what is fair? 7. What if we reach an agreement after the proceedings have begun? Can they be stopped? 8. What if it isn't me being unreasonable? 1 0. Can I be ordered to pay my spouse's legal bill? 11. Are there alternatives to going to court?
1. What happens to our house and belongings after divorce? There are two ways to sort out what happens to your house, savings, shares, car etc. during your divorce. Either : you and your husband/wife can agree between you and that agreement is sent in to the Court and the District Judge is asked to approve it after the Decree Nisi. Or : you can’t - and you need someone else (a Judge) to decide what is fair. Back to top 2. Who applies to court for an order to decide what is fair? Either one of you can ask a District Judge to make a decision for you although there is a rule that prevents you if you have remarried. 3. How much does it cost? There is a fee payable to the Court of £210 (£40 if you are just asking the Judge to approve an agreement). On top of that you will have to pay your solicitor to represent you. Details of my charges are set out in my online price list. Back to top 4. How long does it take? The process takes about four to twelve months, depending on whether you manage to iron out the things you disagree on along the way, or don’t. 5. Do I have to go to court? There are usually three Court hearings and they are called; 1. The First Directions Hearing, 2. The Financial Dispute Resolution Hearing and 3. The Final Hearing Back to top 6. How does the Judge decide? The law sets out the factors that have to be considered by the Judge.These are set out in section25 of the Matrimonial Causes ct 1973. The Judges follow previously decided cases to help maintain consistency. Rulings from higher courts are followed by the lower courts if the cases are very similar. But no two cases are exactly the same and there are never any guarantees that the Judge will agree with everything you say, no matter how unfair that may seem to you. The Judges aim is to achieve a fair result to both of you. It is more difficult to do this if there is not quite enough money to go around. If there are children, particularly younger children, then their housing and other needs have to be given priority. Back to top 7. What if we reach an agreement after the proceedings have begun? Can they be stopped? Over 85% of cases settle before a final hearing. An agreement is drawn up and the Judge has a look at it. As long as it is reasonable the Judge will sign it and it becomes a court order, binding on everyone, just as if the Judge had decided it himself. 8. What if it isn't me being unreasonable? Unfortunately there are some people who just don’t compromise; who are bitter perhaps, or just cannot give up the fight. It may be that your husband or wife is like this. It is usually these people whose cases carry on to a final hearing, taking you with them. If it happens to you, I can advise you on making offers but I cannot force your husband or wife to accept them. Back to top 9. What can a court order? A Judge can make one or more of the following orders: i) Maintenance (temporary or open ended) ii) Lump Sum (of money payable from one spouse to the other) iii) Property Adjustment such as : a) sale of property (maybe a house or shares or an endowment policy) b) transfer of property (possibly from joint names to one sole name or from one spouse to the other) c) to give one spouse a charge (like a mortgage) over a property or direct that the property be held in a trust. iv) Pension sharing order/earmarking order. If your petition was sent to Court after 1st December 2000 the Court will have power to make a pension sharing order. If it was earlier than this date there might be the power to make an earmarking order but only if it was sent into Court after 1st July 1996 Pension rules brought in since 1996 have made it possible for the court to divide up pensions just like any other asset. However, pension division is sometimes expensive as the pension fund might apply a charge to administer the order. Therefore we look for other options as well as pension sharing/division. Back to top 10. Can I be ordered to pay my spouse's legal bill? Since 3rd April 2006 the general rule is that you will each pay your own bill. In some limited circumstances the court might order one person to pay the other's bill but this is something you should not rely on. The vast majority of cases settle without a final hearing because a compromise is reached. Usually that compromise is on the basis that each party pays their own solicitor's bill. Back to top 11. Are there alternatives to going to court? Yes. You can negotiate through solicitors or you can attend mediation. Mediation is complementary to legal advice and not a substitute for it. No matter how uncomfortable you think it might be sitting in a room with your spouse and discussing your finances in front of a stranger, it is worse when this happens in court. Mediation puts you both in control of the outcome and often produces more workable and flexible solutions. Sometimes one party will not attend mediation for their own reasons. They may still be prepared to negotiate via their solicitor however. Family lawyers should all follow the law society family law protocol which promotes good practice amongst family law practitioners and aims to reduce conflict and hostility. Back to top
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