The Court of Protection recently had to decide whether a pregnant woman had capacity to decide whether or not to undergo a planned Caesarean section and, if she did not, whether the procedure was in her best interests. The 37-year-old woman had been...
When it comes to getting divorced, you want to make sure that you do everything right from the start. In terms of choosing a good divorce lawyer, you will need to be satisfied that your chosen lawyer is best able to represent your needs and understand the complexities of your particular case. A good divorce lawyer will listen to what you have to say and will tailor their approach to suit your personal circumstances.
Thompson and Jackson family lawyers believe that the best divorces are ‘amicable divorces’ where both parties are able to negotiate the divorce and the financial settlement without the need to get involved in lengthy (and costly) arguments or drawn out court cases. Divorce, if not handled correctly, and especially if you do not have confidence in your solicitor, can be very stressful for everyone involved; the husband, the wife and especially the children.
Upon the granting of a decree of divorce, the court has the power to make various orders for a spouse which can include the following:
- Periodical payments (maintenance)
- Lump sum (a cash payment)
- Transfer of property (where legal ownership of an asset is taken away from one spouse and transferred to the other)
- Pension attachment and pension sharing
In most cases, all of the above elements are brought into effect. However, in some cases a “clean break order” can be made. Such clean break settlements are normally only appropriate where there is not an established culture of dependency (for example a short, childless marriage involving a young couple) or where the couple’s resources exceed their needs (as in White v White)
In order to assess what might be a fair settlement, it is necessary first to identify and value each spouse’s assets. It is only when the assets have been ascertained and their values agreed, that it is possible to reach a settlement.
If handled correctly, and with co-operation from all parties, Divorce need not be stressful. Mediation and round table meetings with your lawyer and ex partner can help iron out any differences, and can result in the financial settlement being made final, without the need for any party to attend court; thus reducing the stress, and expense of divorce proceedings. If a couple can't reach an amicable agreement then they may need to go to court. Thompson & Jackson will endeavour to get the best deal for their clients through the least stressful process, whilst acknowledging that each client has differing needs and may need a different approach.
Whatever situation a couple is in, they need to ensure they get the best possible advice at the earliest possible stage of the process. Thompson & Jackson Solicitors are now offering fixed fees to all new divorce clients.
Contact Us
For further information concerning Finances after Divorce please contact Jonathan Petch on telephone number 01752 665037, by fax on 01752 670312 or by email