Starting a fresh in 2016

Happy New Year…..or is it – what if 2015 has passed and you’ve decided you want to make 2016 different? Separation and/or divorce are always a big step and it is not just the emotional worry and concerns – if you have children, how will they cope? What about the relationship with the extended family? There are also the practical considerations – can I run the home on my own? Can I afford it? How will I balance the children and work? Is there life after divorce?

The answer to the emotional questions can very much depend on how you deal with raising the issue. Hostility and angst are only likely to lead to more of the same. If your relationship is genuinely beyond repair then broaching the subject with compassion to the other party’s feelings is far more likely to lead to an agreed resolution than an abrupt and callous ending. Quite often one party feels unhappy for sometime but the other has no inkling they feel that way and any suggestion of parting ways is a complete shock. If there are children, then ensuring they are told about your decision as sensitively as possible, and that your separation has no impact on how much you love them, can only help in the long run. Remember you loved each other once and the children are the most precious and important thing your relationship has achieved.

There is likely to be some changes and initial difficulties, as you get used to a new way of life but yes, you can cope and you are stronger than you believe. Peace of mind and actually making a decision, especially when you’ve been undecided for sometime, can make a huge difference to how you feel and on your wellbeing.

Whether you wish to issue divorce proceedings or have a formal separation, most clients want to have early advice on a financial settlement. Within divorce proceedings each party has a right to make a financial claim on the other parties’ income and assets. The Orders the Court can make include: a transfer of the former family/matrimonial home into one or other’s name; a sale of any property and appropriate division of assets; Pension Orders; Maintenance Orders and Lump Sum Orders. If both parties receive sensible legal advice, as to how a court would approach things, then you and your partner should be able to reach a fair and amicable financial settlement without having to incur expressive legal costs.

If you and your partner are able to reach an agreement your solicitor can incorporate your agreement into a legally binding order. If you are divorcing your partner this would be a court order, often referred to as a consent order – as it is sent to the court with the consent of the parties. If you a separating and do not want to divorce at this stage then you can enter into a separation agreement, whilst this is not legally binding we can give you the necessary advice to ensure that it is likely to be upheld in any future divorce proceedings.

Holmes & Hills Solicitors’ team of specialist Family Law lawyers have many years’ experience and are members of Resolution and therefore committed to dealing with matters in as amicable and non-confrontational way as possible. Your lawyer will support you through the process to get the outcome you want to achieve. If matters cannot be agreed by negotiation and agreement then your lawyer can guide, advise and represent you through any Court proceedings, whether relating to the children, finances or both.

If you are considering separation or believe your spouse maybe considering this, it is recommended you obtain early legal advice on the options available to you. Holmes & Hills offer a fixed fee initial consultation, giving you the time you need to discuss your options, possible ways forward and to get the advice you need. Call 01376 320456 to arrange an appointment.