Here are some of the most typical inquiries put to divorce solicitors from men and women in the early stages of a divorce.

"My husband/wife tells me that his/her solicitor says that a 50%/50% share of our family assets is now automatic"

A: Typically, this is not true..

Where terms as to the division of the family assets can't be agreed upon divorce then the court will eventually have to make a selection. Accordingly, advice to customers as to what might be an suitable division of the assets is governed by the most likely outcome if a judge had to make a determination in a last contested hearing. In practice, this kind of last hearings are rare due to the fact of the expense and uncertainty as to the outcome.

A judge creating a selection is guided by statute law and by previous decisions produced by other judges. An equal division of the assets may possibly well be thought to be proper but there are circumstances where this sort of a division would be unfair and inappropriate. A quantity of variables come into play and our every day involvement with this sort of situations enables us to provide analysis of your conditions and guidance as to what might be suitable for you.

"Can I stop paying repair?"

A: Even in which there is agreement that maintenance may well be decreased or no longer paid, if this is not recognised by variation of the relevant court buy or otherwise documented in correspondence, preferably between solicitors, then arrears will accrue under the Buy and may well be enforced subsequently.

Enforcement measures may well contain an Attachment of Earnings Order against the payer's salary, the claiming of monies in their bank account or even an application for a sale of a property.

"She will not permit me access to the youngsters this weekend"

A: It is inevitable that friction will sometimes occur in the children's arrangements exactly where there are separated or divorced parents. Sometimes the arrangements can break down even when they have been in spot for a lengthy period. This can take place where there is a adjust of situations, for example, a single parent forming a new relationship or where there is a adjust of address.

There is no immediate answer to these difficulties. It may be that your divorce solicitor will suggest that mediation may be suitable. Court orders are a blunt instrument and usually investigation shows that children's arrangements achieved by consent work greater in the prolonged term than court imposed orders. Nevertheless, there is now an emphasis on court based mediation which can prove really successful where a single parent is initially reluctant to take a proactive stance in working out the arrangements in the greatest interests of the youngsters.

"Will my wife get half my pension?"

A: Not necessarily. It is not automatic. A pension is regarded as an asset of a marriage. It is looked at alongside all of the other assets that are available for distribution. There are a number of aspects which ascertain whether or not a pension share might be appropriate. These can include:- the age of the parties, the duration of the marriage, the actual value of the pension and regardless of whether the other component has a pension of their personal.
We will support evaluate the elements in your case and advise if a pension share is some thing which we think a Judge looking at your circumstances would do.

"How long will it take ?"

A: Obviously, the time frame for each and every person is different but normally for divorce proceedings with no monetary or kids issues, they ought to conclude in 6 - 8 months. Exactly where there are financial problems then the initial aim of a family lawyer would be to negotiate a settlement. If productive negotiations take place then the time frame would be comparable.

It is in which parties can not agree and Court proceedings are issued then the time for completing matters is extended. The Court course of action however sets a timetable for both events to follow, and there is always ongoing negotiations alongside that course of action. If a matter was fully contested you need to anticipate it to complete the Court procedure in twelve months.

"Can I make my husband leave the family home as soon as I start divorce proceedings ?"

A: Not necessarily. Your family lawyer can ask a husband or wife to vacate voluntarily but if they will not you will have to await the resolution of your monetary settlement. This is assuming there are no domestic violence problems.

"How do I know what servicing I ought to pay ?"

A: Normally, it is preferable to try to agree payment of servicing for youngsters on a voluntary basis. This need to typically be in accordance with government recommendations as it is they who have jurisdiction in respect of servicing for youngsters.

Your divorce solicitors [http://www.divorce-solicitor-altrincham.co.uk] would assist you in applying the assessment suggestions to your particular situations.