Divorce & Separation - Hatfield, Hertfordshire
K&K Solicitors has the extensive knowledge and experience needed to guide you through even the most complex divorce or separation matters. We understand the intimacy and sensitivity of divorce and separation, along with associated matters such as access to children, division of matrimonial assets and allocation of wealth. Our professional yet personable approach to divorce and separation enables us to provide welcome support and representation during an uncomfortable and challenging time. We acknowledge the fact that every separation is unique, and we always work hard to ensure an amicable outcome. Area cover Hatfield, Hertfordshire.
From initial advice to the urgent support with time-critical separation issues, our friendly family law team is standing by to help.
Division of Assets
After identifying and assessing your current assets, we will provide the advice and support you need to ensure a fair division of the matrimonial assets. Where cohabitation transitions seamlessly into marriage, assets built up together while cohabiting are generally treated as matrimonial ones.
It will benefit the speed and simplicity of your case if you are able to provide your financial disclosure in an organised manner. Our team will provide you with a full list of the documents and paperwork needed for the preparation , which should be provided in an appropriate folder with clear section dividers. Historical bank statements and pension value evidence will be requested, if applicable.
However, there are numerous exclusions, exemptions and protections that can significantly alter entitlement to assets in case of separation. The family law team at K&K Solicitors will provide the independent advice and support you need to ensure fair and an equal division of assets, in accordance with UK law.
Our aim is to reach an agreement that satisfies both parties, with further steps only becoming necessary if a mutually amicable agreement cannot be reached.
Pensions on Divorce
Children
When a couple makes the decision to separate and divorce proceedings begin, the courts may decide to redistribute pension savings between the separating partners. Pension sharing can only occur by way of a court order, based either on an agreement between the couple or the order of the judge.
Pension savings are typically one of the largest assets in a marriage, and can subsequently be a point of contention where fair allocation is concerned. It is not uncommon for one spouse to hold pension savings of a significantly greater value than their partner. Typically, the court will seek to share pensions equally between the separating partners, but this does not necessarily mean a direct 50/50 split of the pension capital. In order to ensure that both parties benefit from equal income during their retirement, other factors such as owned assets and future earnings may need to be taken into account.
As experienced matrimonial financial lawyers, it is our duty to provide objective and impartial advice on all matters pertaining to pensions on divorce. Our talented team will help you understand your entitlement and obligations. Only after collecting and analysing all information will we provide you with our advice and recommendations on how to achieve a fair and appropriate agreement with your spouse. In the event of disputes or disagreements, we will provide the expert support and representation you need to ensure an amicable outcome in the courts.
Mediation
Welfare decisions relating to children will always be made with the best interests of the child in mind. Again, our goal is to help our clients reach positive outcomes, without court orders becoming necessary.
At K&K Solicitors, we know that irrespective of the challenges and emotions involved in a difficult separation, you only want what is best for your children. We also appreciate that you may not fully understand your obligations and entitlements as a parent. Facing the prospect of life as a single parent can be daunting, without the added upset of legal disputes and disagreements with your former partner.
In order to ensure the best possible outcome for yourself and your children, you need to know your right. The family law team at K&K Solicitors can provide you with the sensitive and empathetic support you need to traverse this difficult time.
Irrespective of the complexity or sensitivity of the issue, our experienced team will help ensure a smooth outcome for the benefit of all involved.
Mediation provides the opportunity for couples to discuss issues they cannot agree on, including child residency and financial disputes. It is an optional process that must be entered into willingly by both parties, though can eliminate the need for a case to be taken to court.
At K&K Solicitors, we strongly recommend mediation as a faster, simpler and more cost-effective approach to decision-making than applying for a court order.
Applying for Financial Remedies and possible court orders
After a petition for divorce has been filed, both parties have the right to apply to the same court in relation to the financial aspects of the divorce. Where an application is filed regarding division of finances, this is referred to as an Ancillary Relief application – also known as Financial Remedy Proceedings.
Financial Remedies is where a married person makes an application to a court with regard to how the assets of the couple should be divided after the divorce. The purpose of Ancillary Relief proceedings is to divide matrimonial assets fairly, in accordance with the requirements, preferences and entitlements of the parties.
In most divorce cases, the starting position for splitting the assets of the marriage is to divide them 50/50. But there are often additional factors and mitigating circumstances the court must consider, such as the welfare of any children involved in the divorce.
Ancillary Relief applications can be filed by either married partner, though only after a Divorce Petition has been started at the court.
Maintenance
Orders
A maintenance order is where the court orders one of the married partners to make a series of regular maintenance payments or periodical payments to the other party, typically for a specified number of years.
Lump Sum
Orders
This is where one of the marriage partners is ordered by the court to make a single payment of a lump sum of money to their spouse, either in place of or in addition to a Maintenance Order.
Transfers of
Property
A transfer of property occurs when one of the partners is ordered by the court to transfer ownership of a property to their spouse.
Pension Sharing Orders
The court may also instruct the separating partners to share or transfer their pension savings. This may result in a 50/50 split, or in one of the parties being allocated a larger share than the other.
Our Process
Your appointed solicitor will do whatever it takes to ensure the best possible outcome for you and your family. We always work hard to keep family legal matters out of court for the benefit of our clients, recommending alternative dispute resolution options such as mediation. With our help, your case will be handled sensitively and with speed as a priority, while minimising legal costs by avoiding court involvement.
However, we may advise you to proceed with a court application, if it is in your best interests to do so. If your case is taken to court, we can provide you with the expert presentation you need to minimise your own involvement and ensure a positive outcome. We will also handle all aspects of your case in-house, using our own team of experienced divorce and separation lawyers.
Call anytime for more information on any of the above, or contact a member of the team at K&K Solicitors by e-mail and we will get back to you as promptly as possible.
You can contact us at your convenience by calling 01707 244 442