Divorce

Divorce proceedings in England & Wales have now been simplified enabling us to offer lower fixed cost packages for undefended divorces, without sacrificing the quality and speed of resolution. Difficult Divorces We at Charles & Co  Solicitors do not shy away from difficult divorces.  These cases are considered as a personal challenge to our team and we continue to use our years of experience in family law to tackle head on the most problematic of divorce cases eg:

  • when one party is abroad;
  • where one party is uncooperative or refuses to sign divorce papers;
  • whereabouts of a party are unknown.

Failure to comply with Family Proceedings Rules in such cases from the outset can be catastrophic and set back conclusion of the matter by up to 6 months. Divorce proceedings do not conclude financial claims arising from separation.

For information relating to property and finances please click here

Judicial Separation

On separation, there are alternatives to divorce especially for those who have a religious objection. There are important distinctions namely:

  • Judicial Separation will not dissolve your marriage. You will still be married and cannot marry someone else;
  • Judicial Separation will legally release you from your duty to live together;
  • Urgent arrangements should be made to review Wills and to review how jointly owned property is held  (NB the important distinction between joint tenants or tenants in common);
  • It is important to note that pension sharing orders can only be made in the context of divorce or nullity proceedings and are therefore not available within judicial separation proceedings;
  • A clean break order cannot be achieved within judicial separation proceedings as it remains possible for further claims to be pursued within subsequent divorce proceedings;
  • A judicial separation does not prevent either of you obtaining a divorce at a later stage.
  • Judicial Separation can impact on your right to seek ‘widows/widowers benefits under pension schemes. An urgent review of pension provisions ought to be carried out to ensure there are no unintended consequences.

Latest News