Divorce Solicitors in Nottingham

Divorce and Separation Agreements Solicitors

When a marriage or relationship breaks up, it can be physically and emotionally draining.

There will often many factors to consider, from how to manage or divide property and savings to who will be responsible for paying bills and mortgage payments going forwards.

Finally, if you have children, then childcare arrangements will need to be put in place and agreed upon.

A divorce or separation agreement helps put these agreements in place in a legal way.

What is the difference between a Separation Agreement and Divorce?

When a marriage or civil partnership breaks down, you do not have to have a divorce either immediately or indefinitely.

Reasons for not getting a divorce may be:

• because it is against your religion
• because you have been married for less than 12 months
• because of convenience

Unlike a divorce, a separation agreement allows you to live apart but remain married. The purpose is to reach a voluntary agreement with your spouse in regards to property, investments and children.

You can incorporate this into a separation agreement or deed of separation to formalise the decisions you have made jointly.

A separation agreement can also be useful to make arrangements before a divorce is finalised.

Meanwhile, a divorce (or dissolution in the case of a civil partnership) marks the legal end of a marriage or civil partnership.

At Rotheras our focus is on listening to you and the outcomes you want to achieve from the process. You will receive advice and support from a member of our family law solicitors who specialises in your situation.

Whether you are married, in a civil partnership or cohabiting we can help you.

Is a Separation Agreement legally binding?

Separation Agreements are legal contracts between both spouses. However, this does not mean they are technically legally binding.

As a result, this means that they are not easy to enforce. However, it is useful to note that separation agreements that have been drawn up correctly and fairly have upheld in court proceedings when challenged.

A Separation Agreement is a contract that both spouses enter voluntarily. The courts have no decision on the outcome of them. The purpose is to set forth the arrangement of property, investments and children.

For example, who pay the mortgage/rent and bills. Who has access to the children and when. And what happens to any shared assets in a marriage such as a house or car.

Whilst they are not technically legally binding, they are legal contracts. If the agreement has been negotiated fairly and written correctly, it could be enforced by the courts.

At Rotheras, our divorce lawyers can help draw up and negotiate a separation agreement.

Do I need a solicitor for a divorce?

You do not need to use a solicitor for a divorce. These are generally called DIY divorces.

However, it is advisable to at least see legal advice even when applying for a divorce without a solicitor. This will add some insurance that you are completing the process legally so that you do not waste time and money.

Typically, DIY divorces are a good solution when the breakdown of the marriage is amicable and uncomplicated between both spouses.

On the other hand, if during the course of your marriage you acquired large assets or investments (such as property like a family home). Or the marriage resulted in children. Then seeking a solicitor would be advised. Even if the breakdown of the marriage is amicable.

This is because sharing up of assets, and deciding the responsibilities for any children, can have a big impact on both spouses future. It is important that this is negotiated fairly.

Can I get legal aid for a divorce?

Legal aid is no longer an option for most areas of family law in England or Wales. The only exception for this is in cases of domestic abuse, financial abuse, violence or child abduction.

However, means-tested legal aid can be available for Mediation sessions.

If you think you may be entitled to legal aid for a divorce, contact our family lawyers who will be able to advise based on your circumstances. It may be the case that you will have to provide evidence to support your claim for legal aid.

Why choose Rotheras for Divorce and Separation Agreements?

Where possible we will suggest alternative dispute resolution methods such as collaborative law, mediation, negotiation or arbitration. This is so an agreement is reached which avoids any litigation costs by going to court.

Where court is unavoidable, we will be on hand throughout to support and guide you through the process.

If specialist advice on tax, trusts, pensions and property is required, we can help you.

Our family law team includes members of Resolution and a fully qualified collaborative law solicitor. We are also Law Society Children Panel members.

We can assist in negotiating child arrangements after a divorce or separation.

We can assist with injunctions such as non-molestation orders and occupation orders in cases of domestic violence.

We can also advise on any business or commercial issues that may arise from divorce or separation.

Areas of Family Law Rotheras can help in:

• Divorce and separation
• Separation agreements (Deed of separation)
• Civil partnership dissolution
• Financial settlements
• Cohabitation agreements
• Pre/post-nuptial agreements
• Collaborative law
• Domestic violence advice
• Property arrangements
• Clean break consent order