Charles Lucas Marshall - Private Services
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How to ease the pain of divorce
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Suzy Hamshaw
Suzy Hamshaw
The breakdown of any marriage is bound to be a painful and traumatic time, but as many people soon find out, the problems which follow are not just emotional. Suzy Hamshaw, a solicitor at Charles Lucas & Marshall specialising in family law, explains how couples thinking about divorce or separation will also have to consider the arrangements that must be made for their children, maintenance and the division of their property.
As the law stands at the moment, if you are seeking a divorce you have to show that your marriage has ‘irretrievably broken down’. This is most commonly done by proving adultery or unreasonable behaviour, although you will also be able to secure a divorce if:
• Your spouse has deserted you for at least two years
• You and your spouse have lived apart for at least two years and you both agree to a divorce
• You and your spouse have lived apart for at least five years. (In this case your spouse does not have to agree to a divorce).
The divorce itself is usually the simple bit. Settling your arrangements about children and finance in a way which satisfies you both can be more complicated. All too often, bitterness and resentment can cloud the issues and make compromise difficult. Fortunately, solicitors are skilled negotiators and will do their best to ensure that future arrangements for your children, your money and your property are decided as quickly and amicably as possible.
If you don’t seek expert guidance and acertain what your rights are, you may fail to end up with the deal that you deserve. When it comes to divorce work, solicitors who specialise in family law have a wealth of experience at their finger tips and will do their utmost to encourage couples to settle their differences amicably, to avoid a lengthy legal battle. Most solicitors have been so successful at this, that nine out of ten disputes involving children or money are now settled out of court. To help your solicitor, you should try to gather details of you and your spouse’s income, any savings, any policies or pensions, your home and other valuable property, as well as any debts owed by either or both of you. You should also try to discuss with your partner any payments for your children and yourself and where you might live.
In a brief, childless marriage (although you can only seek a divorce after you have been married for at least one year) it is usual to divide everything that is jointly owned. However, where there are children under 18, their interests will always be a priority.
Payments for your children are, in the vast majority of cases, currently dealt with by the Child Support Agency, which has a set formula for maintenance. The court favours children remaining in the family home, although it also tried to find a solution which does not put the lives of both partners on hold.
Divorce is never a pleasant time for anybody, but with the help of a family law solicitor, you can expect expert advice and guidance, which will help ensure the best outcome is secured for all concerned.
For more information contact Suzy Hamshaw, on 01635 521212 or suzy.hamshaw@clmlaw.co.uk