Divorce
The decision to end a marriage is a serious one which should not be taken lightly. Nova Solicitors will assist you in making an informed decision and will deal with your matter compassionately, by providing you with the support and guidance needed through these distressing times.
It is important that you do not ignore any issues which you may be having within your relationship. We can arrange family counselling to try and resolve any disagreements which you and your partner may have.
However, if the marriage has irretrievably broken down, your partner may choose to start divorce proceedings. Should you receive correspondence from the Courts or solicitors, you must respond. If you have received a divorce application, Nova Solicitors will be happy to discuss your circumstances and provide you with specialist matrimonial advice.
In the event you wish to proceed with a divorce, Nova Solicitors will take your individual needs in consideration.
It should be noted that before you can start divorce proceedings you must have been married for at least one year and must be able to prove to the Court that there are no prospects of reconciliation.
There are five factual grounds which can be relied upon in a divorce:
- Unreasonable behaviour;
- Adultery;
- Desertion;
- Two years separation with consent;
- Five years separation (no consent required).
Nova Solicitors can represent you for a fixed fee and will advise you over the most cost-effective way to proceed with the divorce.
Providing guidance in a difficult subject for most to consider and discuss, ensuring your affairs are in Order, is part of our role, here at Nova Solicitors. We can provide the specialist advice and the help you need in these emotionally testing times.
Contact our specialist Family team for further advice.
Financial Issues
When making an application for a divorce there will be issues to consider regarding the division of financial assets. The Court will consider the following facts, amongst other factors, before sealing or granting a Court Order:
- All the circumstances of the case first consideration given to the welfare of any child of the family under the age of 18.
- The financial circumstances of all parties involved.
- Income earning capacity, property and other financial resources which each party has or is likely to have.
- The financial needs of all parties.
- Standard of living of both parties prior to marriage breaking down.
- The age of each party and the duration of marriage.
- The physical or mental disability of either party.
- Past, present and future contributions which each party had made to welfare of the family.
- The conduct of the parties.
- The value of any benefit lost on the dissolution of the marriage.
It can be a daunting exercise when considering all your financial assets. We are here to help.
The Court has a wide range of powers to make both capital and income Orders. Some of the Orders available to the Court are the following:
- Maintenance Orders: is an Order that requires the financially stronger spouse to make monthly payments to the financially weaker spouse and in some instances for the children.
- Lump Sum Order: is when one spouse is Ordered to pay to the other spouse a specific sum.
- Property Adjustment Order: is where property is transferred to one spouse from the other.
- Pension Order: is where a pension is either split in two (not necessarily in equal shares) for the benefit of the other spouse or where one person’s pension is directed to be paid to the other.
Initially, we will always try and reach a financial settlement on your behalf with your former partner outside of Court, as this is the most cost-effective and fastest resolution. We would begin by ensuring full financial disclosure and requesting the same from the other party. Once a settlement is achieved between the parties, then a consent Order is drafted according to the terms of the agreement. The draft consent Order is then submitted to the Court to be finalised. By having the settlement finalised in Court, it safeguards that both parties are bound to the terms and do not break them at a later date.
Is your partner trying to sell the assets without your permission?
Act Quickly!
Obtain a freezing Order under section 37 of the Matrimonial Causes Act 1973 preventing the disposition of the assets.
Urgently call our team on 020 3489 7010.
In situations requiring immediate action, we will work out of hours to ensure that such applications are dealt with by the Court the next day. Please call on 077 7194 5951 for any out of hours queries.
Domestic Violence
Domestic abuse is a serious issue which affects many women, men, and children. Nova Solicitors can help you in obtaining the required protection, in a confidential and sensitive manner. We work closely with different charity organisations and can refer you to agencies which can provide you with practical and emotional support you require.
Domestic violence means “any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between the prospective applicant and another prospective party.”
The Nova Solicitors specialist Family Law team can assist you in obtaining Orders if you require protection.
A Non–Molestation Order prevents someone from using violence against you, harassing or intimidating you. This Order can carry the power of arrest to up to five years in prison.
Furthermore, we can obtain an Occupation Order against a perpetrator of domestic abuse, in Order to remove them from occupation of the property you are living in.
We will act promptly and decisively and make sure these applications are made without delay.
In an emergency, please telephone the police on 999 and they will be able to assist you.
We offer reduced rates for people experiencing domestic abuse and needing legal advice and guidance. Where appropriate, we can refer you to solicitors that deal with public funding (formerly legal aid).
Call our team on 020 3489 7010 if you believe you have been a victim of domestic abuse. In situations requiring immediate action, we will work out of hours to ensure that such applications are dealt with by the Court the next day. Please call on 077 7194 5951 for any out of hours queries.
Children
One of the most upsetting factors of a divorce is considering the arrangements for children; mainly determining who your child will live with and how much contact the non-resident parent will have.
It may be that there are already arrangements in place with the other parent which you do not want to disrupt. However, the case might be that there are serious disagreements in place regarding where the children should live or how the contact should be arranged.
Whatever the problem, Nova Solicitors can assist you in achieving a swift and amicable outcome that is best interest for both you and your children.
We follow a resolution-based code where we firstly seek to gain contact with the other parent, in a conciliatory style. It is better for any dispute about a child to be resolved voluntarily and in an amiable manner, however sometimes this is not possible. In these circumstances, the Court needs to intervene.
The types of Orders the Court can make will vary depending on what the dispute is. The Court has the following options available to them amongst others:
- Child Arrangements Order;
- Parental Responsibility Orders;
- Prohibited Step Order; and
- Specific Issue Orders.
Parental Responsibility
Parental responsibility is the right, duty, power, responsibility and authority a parent has over its child. To gain the legal right to decide whether your child receives, say, a particular medical treatment, or the right to decide which school your child attends, or which religion your child follows (etc), you must first have parental responsibility.
At Nova Solicitors we have experienced parental rights lawyers that will quickly ascertain whether you have parental responsibility for your child and how this can be acquired.
Nova Solicitors will give you access to our specialist knowledge and advise you accordingly. Our main aim will be to offer you the best possible outcome in relation to the relationship you can have with your child. There is a positive obligation on the Court to ensure that a child has a relationship with both parents for as long as it is safe to do so.
Our team will provide you with cost effective solutions and options which will also be presented in Court. One of the most underused resources in Court is Child Contact Intervention. This is a valuable service aimed at bettering the relationship between a parent and their children, preparing both for initial contact and further communications. This service is funded by CAFCASS.
Sometimes, the Court Order applications must be made in an emergency. We respond promptly, and due to our vast experience, we will be able to expedite an injunction and other urgent applications. If you think that your child may be at risk from being removed permanently from the jurisdiction, then contact us immediately, as emergency prohibited steps Order and ports alert can be put in place as protection.
Call our team on 020 3489 7010 for children arrangements. In situations requiring immediate action, we will work out of hours to ensure that such applications are dealt with by the Court the next day. Please call on 077 7194 5951 for any out of hours queries.
Grandparent’s Rights
When a relationship breaks down and there are children, it sometimes becomes difficult for parents to agree on arrangements in relation to the children. This in turn can affect all family members.
Often grandparents suffer as they cannot see their grandchildren as frequently as they would wish. We recognize that there are cases where grandparents’ rights are overlooked when making Children Contact Arrangements. Note however that, like a parent, grandparents can also apply to the Court to make contact arrangements to see their grandchildren.
If you are a grandparent and you wish to have access to your grandchildren more often or you are simply seeking some advice about what your rights are, then contact our Family Law department on 0203 489 7010 for advice. We are specialists in all aspects of Children Proceedings, including Court Applications made by grandparents.
