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A fresh approach to family law
Frequently Asked Questions
How can I divorce?

If you have not been separated for 2 years or longer, and if you wish to divorce immediately, the law, as it stands, allows you to do so provided one of you blames the other. The blame is very rarely relevant to how the assets are divided. The divorce itself is not usually contested and for this reason it is relatively inexpensive.

What happens to the children?

The children can be overlooked when parents’ emotions are raw. The children can even be used as pawns in the domestic “battle”. You will be encouraged by your solicitor, the Court and other individuals who may become involved with your family to put the welfare of the children at the top of your list. Arrangements for them should be reached by agreement wherever possible. The Court will intervene where agreement cannot be reached. There is opportunity for both parents to receive mediation guidance.

Who gets the house?

On divorce, as a general rule, all assets are usually considered “family assets” regardless of whose name they are in. Your solicitor will encourage you to disclose details of all savings, property, shares and so on. Only when both of you know and agree how much capital and income there is, can you then try and reach some agreement about division. If agreement cannot be reached, it may be necessary to ask the Court to make a decision for you.

Can they touch my pension?

Pension values have always been taken into account when dividing assets. Publicity over the last few years has lead to misconceptions about how they will be treated. Recent legislation makes division of assets fairer and easier, bringing advantages to men and women alike.

What will it cost me?

If you cannot reach agreement about money, children and so on, the costs will of course be greater. Our family law team will encourage you to try and reach agreement wherever possible. Solicitors are obliged to give you information at regular intervals about how much the costs are. Public funding (legal aid) may be available but usually you will have to pay back your costs to the Legal Services Commission.

Do I have to have a solicitor?

No, but it can help. The solicitor will give you realistic expectations and will encourage you to try and reach agreement. This could prevent you from having to pay your opponent’s costs.

How do I go about changing my name?

All adults can change their name at any time provided that they are over the age of 18 years. The procedure is simple. A deed is drafted, signed and witnessed. In relation to the change of children’s names, however, the situation is a little more complicated. You must take legal advice before contemplating changing a child’s name.

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Call Savage Crangle solicitors on 01756 794611