Category

Divorce and Separation

Jul 22
0
how does cohabitation affect divorce settlement

How does cohabitation affect divorce settlements?

By | Divorce and Separation, Property Law

One common question we hear at Bromfield Legal is: how does cohabitation affect divorce settlement? The answer is not always straightforward. While the emotional side of moving on after a divorce is personal, the financial side is governed by legal principles, and if you or your former spouse start living with a new partner, it can directly influence ongoing financial arrangements.

This article explains, from a solicitor’s perspective, exactly how cohabitation can impact your divorce settlement, what the courts consider, and the steps you can take to protect your position.

What is cohabitation in divorce law?

In UK family law, cohabitation generally means living with another person in a relationship akin to marriage or civil partnership. It is more than just sharing a home with a flatmate, as the court looks for a committed and stable relationship with financial, emotional, and social ties.

Key indicators of cohabitation can include:

  • Living together in the same property for a sustained period

  • Sharing household expenses or bank accounts

  • Joint ownership or rental agreements

  • Being perceived socially as a couple

Understanding whether a relationship qualifies as cohabitation is crucial because it can alter the terms of your cohabitation divorce settlement.

How does cohabitation affect spousal maintenance?

Spousal maintenance (sometimes called “spousal support”) is one of the most directly affected areas. If the recipient of maintenance begins cohabiting with a new partner, the paying party may be able to apply to reduce or even terminate those payments.

The court will consider:

  • Financial dependency: Does the new partner contribute significantly to the recipient’s living costs?

  • Change in circumstances: Has the recipient’s financial need decreased due to shared expenses?

  • Future needs and fairness: Does the change still make ongoing maintenance reasonable?

It’s important to note that cohabitation does not automatically end spousal maintenance. However, if the paying spouse can show that the recipient’s needs have materially changed, there’s a strong case for variation.

From our experience, if you are the paying spouse, documenting evidence of cohabitation can be essential. Conversely, if you are the recipient, you should be prepared to explain why your financial needs remain the same despite living with someone new.

What about lump-sum payments or property division?

Lump-sum payments and property division agreed in a divorce settlement are usually final once approved by the court. Cohabitation after the fact does not typically reopen these arrangements.

However, there are exceptions. If cohabitation was not disclosed during financial negotiations and it significantly changes the fairness of the settlement, the paying spouse could potentially challenge it, though such cases are rare and require strong evidence.

Children and cohabitation

If there are children from the marriage, the court’s priority will always be their welfare. Cohabitation might indirectly influence financial arrangements related to the children — for example, if the new partner contributes to the household, the court could reassess the level of child-related expenses borne by the other parent.

How the court determines cohabitation

When deciding how does cohabitation affect divorce settlement, the court will take a fact-specific approach. Common evidence used includes:

  • Tenancy or mortgage records showing joint residence

  • Bills or bank statements in joint names

  • Witness statements from neighbours, friends, or family

  • Social media posts or photographs together as a couple

  • Evidence of shared holidays or family events

The stronger and longer the evidence of living together, the more likely the court will find that true cohabitation exists.

how does cohabitation affect divorce settlementhow does cohabitation affect divorce settlementHow to protect your position

Whether you are concerned about a former spouse’s cohabitation or worried that your own living situation might affect your cohabitation divorce settlement, the following steps can help:

  1. Seek legal advice early – A solicitor can assess whether there are grounds to vary an existing order.

  2. Gather evidence – If you are the paying spouse, keep clear records to demonstrate a change in circumstances.

  3. Be transparent – If you are the receiving spouse, concealing cohabitation can damage your credibility in court.

  4. Consider a clean break order – Where possible, finalising finances with a clean break can reduce the risk of disputes if living arrangements change in the future.

  5. Use mediation where possible – Avoiding court through negotiation can save time, money, and stress.

Expert insight from Bromfield Legal:

  • Cohabitation alone does not automatically end spousal maintenance, but it can be a strong reason for a review.

  • Courts look at the reality of the living arrangement, not just the address on paper.

  • Full and honest disclosure during financial proceedings is essential to avoid costly disputes later.

  • Every case is unique — the impact of cohabitation on your divorce settlement will depend on the specific facts.

At Bromfield Legal, we have extensive experience advising clients on how does cohabitation affects divorce settlement. Whether you need to apply for a variation in maintenance or defend your position, we can guide you through the process with clear, strategic advice.

Contact us today for confidential, expert guidance on any aspect of cohabitation divorce settlement and protect your financial future.

Jun 27
0
Statute of Limitations for Divorce Settlement

Key Facts You Should Know About Statute of Limitations for Divorce Settlements

By | Divorce and Separation

When a marriage ends, it’s natural to assume that the finality of a divorce decree signals the end of all associated legal matters. However, the statute of limitations for divorce settlement is a crucial consideration that many overlook, often with costly consequences.

In this article, we’ll explore how timing affects your ability to make financial claims post-divorce, when exceptions apply, and what steps you can take to protect your financial interests.

What Is the Statute of Limitations for Divorce Settlements?

In general legal terms, a statute of limitations is a set time period during which one party can bring a claim against another. In the context of divorce settlements, however, the rules are not always so rigid. In England and Wales, there is no automatic time limit on making a financial claim following divorce, which surprises many people.

This means that even years after a divorce is finalised, one party may still pursue a financial settlement if none was agreed upon or formalised at the time. For example, if no financial consent order was issued by the court, financial ties between the parties remain technically open-ended.

Why Timing Still Matters

Although there is no specific statute that bars late financial claims after divorce, timing plays a vital role in how courts view and handle them. Delayed applications may be viewed less favourably, particularly if the respondent has moved on financially (e.g., remarried, acquired assets, or built businesses).

Courts will consider:

  • The length of time since the divorce

  • Changes in financial circumstances

  • Whether either party has suffered prejudice due to the delay

  • The reason for the delay

The landmark case of Wyatt v Vince (2015) reaffirmed this principle when the Supreme Court allowed a wife to pursue a financial claim more than 20 years after divorce—simply because no formal financial settlement had been made at the time.

Statute of Limitations for Divorce SettlementExceptions and Special Circumstances for Statute of Limitations

While there is flexibility, some exceptions apply. For instance:

  • Remarriage of the claimant can bar certain types of claims (like spousal maintenance).

  • Clean break orders eliminate future claims once finalised and approved by the court.

  • Statutory limitation periods may apply in enforcement cases or in instances involving fraud or non-disclosure.

It’s important to note that although the statute of limitations for divorce settlement does not apply in the traditional sense, delaying formal financial resolution can make it harder to achieve a fair outcome.

How to Protect Your Financial Rights After Divorce

To safeguard your financial future, consider the following steps:

  1. Seek a court-approved consent order even if your split is amicable and all financial matters are agreed upon. This legally closes the door to future claims.

  2. Don’t delay. Address financial issues as part of your divorce proceedings.

  3. Document everything, especially if financial negotiations are ongoing post-divorce.

  4. Get legal advice tailored to your specific circumstances—especially in complex cases involving property, pensions, or businesses.

Ultimately, while the statute of limitations for divorce settlement may appear flexible, it’s unwise to leave things to chance or time. Courts still expect parties to resolve their financial affairs within a reasonable timeframe.

 

Speak to Bromfield Legal

If you’re unsure about your financial rights after divorce or have delayed formalising a settlement, don’t wait any longer. Whether you’re initiating a claim or defending one, it’s crucial to act with clear, strategic legal guidance.

At Bromfield Legal, we specialise in family law and financial settlements. Our experienced solicitors can help you navigate the complexities of divorce law and ensure your interests are protected, no matter how long it’s been since your decree absolute.

Contact us today to arrange a confidential consultation and take the first step towards securing your financial future.

The absence of a rigid statute of limitations for divorce settlement offers flexibility, but also uncertainty. Taking proactive steps with expert legal support ensures you’re not caught off guard by a late claim or miss your opportunity to seek what you’re entitled to.

 

May 10
0
rights to property after separation in the UK

What are my rights to property after separation in the UK?

By | Divorce and Separation, Property Law

Separation can be emotionally and financially challenging, and understanding your property rights is crucial to securing your future. Whether you’re married or cohabiting, the rules governing property ownership and division differ significantly. In this guide, we’ll break down your rights to property after separation in the UK, how courts resolve disputes, and the steps you can take to protect your interests.

Property Rights for Married Couples

In the UK, marriage carries legal recognition that significantly influences property division during a separation or divorce.

Joint vs Sole Ownership

When a married couple separates, the starting point in divorce proceedings is often the equal division of marital assets, regardless of whose name is on the deed or who paid for the property. This includes:

  • Jointly owned property: Automatically presumed to be split 50/50 unless there is a legal agreement (e.g. a prenuptial agreement) stating otherwise. 
  • Sole ownership: Even if the home is in one spouse’s name, the other may still have a claim if it was the matrimonial home, particularly where children are involved. 

Contributions and Financial Settlements

Courts consider both financial and non-financial contributions to the marriage, such as homemaking and childcare, when dividing property. This ensures a fair outcome, particularly when one partner has sacrificed income or career progression.

Property Rights for Unmarried Couples

Cohabiting partners do not have the same automatic rights as married couples upon separation. This can lead to complex and often contentious disputes over property.

Ownership and Beneficial Interest

  • Legal ownership: The name on the title deed determines legal ownership. If the property is in one partner’s name only, the other must prove a beneficial interest to claim a share. 
  • Joint ownership: If both names are on the deed, ownership depends on how the property is held—either as joint tenants (equal shares) or tenants in common (specified shares). 

Proving a Beneficial Interest

Unmarried partners can establish a beneficial interest through:

  • Financial contributions to the purchase price, mortgage, or significant renovations 
  • A common intention to share ownership, demonstrated through actions or agreements 
  • Evidence of reliance on that shared understanding 

This typically requires a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), which can be legally complex and costly.

How Courts Handle Separation Property Disputes

For Married Couples

Courts consider various factors under Section 25 of the Matrimonial Causes Act 1973, including:

  • Each party’s financial needs and resources 
  • The standard of living during the marriage 
  • The duration of the marriage 
  • The welfare of any children 

For Unmarried Couples

Disputes are handled under civil law, not family law. Courts rely on principles of property and trust law rather than fairness, which may lead to outcomes that feel unjust to one party.

The Impact of Children

Children significantly affect property disputes. For married couples, the children’s welfare is the court’s paramount concern, which may result in one parent staying in the family home longer.

Unmarried couples may seek orders under the Children Act 1989 for the benefit of the children, such as:

  • Orders allowing a parent and child to remain in the home 
  • Financial provision to support housing for the child 

These orders are usually temporary and last only until the child reaches adulthood.

Steps to Protect Your Property Interests

To safeguard your rights and avoid future disputes:

  • Cohabitation agreements: Outline property ownership and what happens on separation 
  • Declarations of trust: Set out each person’s share in a jointly owned property 
  • Prenuptial/postnuptial agreements: Define how assets will be divided upon divorce 
  • Seek legal advice early: Especially when buying a home together or facing separation 

Understanding your property rights after separation in the UK is really important, whether you are married or unmarried. While married couples benefit from more comprehensive protections under family law, cohabiting couples must rely on clear agreements and documented contributions to assert their claims. If you’re facing separation property disputes, it’s wise to seek specialist legal advice from one of our solicitors to ensure your interests are protected, particularly where children or large assets are involved.

 

Jun 28
0
Prenuptial,Agreement,And,Wedding,Ring,On,Table.,Premarital,Paperwork,Process

The Pros and Cons of a Prenuptial Agreement 

By | Divorce and Separation

A prenuptial agreement, commonly referred to as a ‘prenup’, may be a term that we have heard of, but are not necessarily familiar with. There is a lot of potential awkwardness surrounding prenups, particularly as they have garnered a notorious association with divorce, though this is often misconceived. 

However, a prenuptial agreement should not be overlooked—especially as it can be used as a tool for open communication and financial clarity in any soon-to-be marital relationship. If you or your partner are undecided about whether a prenup is necessary, we have compiled a list of the pros and cons of a prenuptial agreement to help you make an informed decision. 

Keep reading to learn more about the benefits (and drawbacks) of a prenup.   

couple signing a prenuptual agreement before marriageWhat is a Prenup?

To put it simply, a prenuptial agreement is a contract between the engaged couple that outlines their individual and joint assets and debts, including their rights, responsibilities, and how these assets will be divided should the couple decide to divorce. This is signed before they are legally married.

The Pros of a Prenuptial Agreement

If you’re wondering whether a prenuptial agreement is worth the hassle, here are several advantages to prenups that you may want to consider…

Financial Security

There are a lot of misconceptions about prenups, namely that they are only required for couples with a significant amount of assets and wealth—this is not true. Any couple can opt for a prenuptial agreement, and in modern society, a prenuptial agreement is a must for couples who wish to be financially secure. Prenups can protect both premarital assets and future inheritances—keeping these separate from marital assets. 

Reduced Stress

Should a relationship, unfortunately, end in divorce, a prenuptial agreement can help reduce the stress associated with potential legal disputes regarding assets. Divorce is a stress-inducing situation in itself, but having a prenup already laid out means that you can avoid possible future legal battles. 

Clarity & Transparency

A prenuptial agreement provides couples with the opportunity to better understand each other’s financial situation and expectations, fostering open communication and transparency. With a prenup, couples can clarify various financial aspects of their marriage, including designating assets as separate or joint. Clear communication is key for any marriage—and divorce. 

Business Ownership Considerations

If you or your partner owns a business, a prenuptial agreement can safeguard business interests and assets in the event of a divorce, preventing them from being divided. 

The Cons of a Prenuptial Agreement

On the other hand, there are also several drawbacks to a prenuptial agreement that you should think about…

Emotional Perception 

As previously mentioned, a prenup often has a bad reputation, namely as being a sign of distrust in the relationship. One report has shown that 50% of married couples without a prenup say that they do not have one because they trust their partner. Many believe that a prenup is a preparation for the end of the relationship. 

Cost

A well-drafted prenuptial agreement will incur legal fees, which can be costly. You can expect to spend close to an average of £1,000 to £2,000 just to enforce the prenup—which not many couples are prepared for. 

Complexity

Prenups involve a range of complex legal considerations. A prenuptial agreement will need to be enforceable, but also compliant with UK laws and legislation. With all of its intricacies, you must consult a solicitor for guidance when it comes to drafting a well-drafted prenuptial agreement. 

Seeking Professional Legal Advice for a Prenuptial Agreement

Whether you or your partner is likely to acquire more in a divorce, or you simply wish to clarify marital assets, obtaining a prenuptial agreement can be beneficial in a number of different ways. For modern couples, the benefits of a prenup far outweigh the drawbacks. 

When looking to obtain a prenup, it’s important that you seek professional legal advice from a solicitor, such as ourselves at Bromfield Legal, to identify whether a prenuptial agreement is right for you and your partner. 

Our specialists can provide expert legal advice and assist with drafting prenuptial agreements, making sure that they are tailored to your specific needs. Contact us today to speak to one of our experts—we are always more than happy to assist with any enquiries that you may have. 

Jun 10
0
family solicitor guiding couple in an office space

Recognising When to Seek Advice from a Family Solicitor

By | Children, Divorce and Separation, Property Law

In the intricate tapestry of family life, certain situations arise where the guidance and expertise of a family solicitor are not just helpful but essential. At Bromfield Legal, with an office conveniently located in Nuneaton, we specialise in providing comprehensive legal support that safeguards your interests and ensures peace of mind during challenging times. Here, we explore common scenarios where engaging with a family solicitor can make a significant difference.

female solicitor with brown hair helping couple with family law nuneatonDivorce and Separation

Divorce and separation can be emotionally taxing experiences, marked by a complex web of decisions about the future. Whether you’re considering initiating a divorce, responding to a divorce petition, or seeking a legal separation, a solicitor can guide you through the maze of legal requirements. The process often involves negotiating terms regarding alimony, child support, and the division of assets, which can be daunting without proper legal advice. Additionally, understanding your rights and obligations can help you make informed decisions that align with your long-term interests.

Property and Finance

When a relationship ends, the division of property and finances becomes a crucial issue. Family solicitors are skilled in navigating the legal landscape to ensure fair settlements. This might involve the valuation of assets, negotiations for financial settlements, or court representations. Especially if the property is jointly owned or there are significant financial entanglements, legal expertise is essential to resolve these matters efficiently and equitably.

Children

Issues concerning children are often the most sensitive aspect of family law. Whether it’s custody arrangements, visitation rights, or parental responsibilities, a family solicitor can help ensure that the children’s best interests are at the forefront of any agreements. Legal advice is vital to resolve disputes amicably and to formulate parenting plans that work long-term, thereby minimising the emotional impact on children.

Domestic Violence

In situations of domestic violence, immediate and effective legal intervention is crucial. Family solicitors can provide urgent assistance, guide you through the options for protection, and liaise with law enforcement if necessary. This can include obtaining restraining orders and ensuring that any legal actions prioritise your safety and well-being.

Prenuptial Agreements

Although often overlooked, prenuptial agreements are an important tool for protecting personal assets before entering a marriage. A family solicitor can help draft a prenuptial agreement that is fair, legally binding, and reflective of both parties’ interests. This proactive step can prevent potential disputes in the future, should the marriage not work out.

When is a Good Time to Get in Touch with a Family Solicitor?

The best time to consult a family solicitor is before you think you need one. Early advice can prevent problems from escalating and help you understand your legal position from the outset. Whether you are contemplating major life decisions such as marriage or divorce, or if you face immediate issues like domestic violence or custody concerns, reaching out to a solicitor early on can provide strategic advantages and peace of mind.

family solicitor nuneatonFinding Family Solicitors Near Me

For families in and around Nuneaton, Bromfield Legal is your go-to firm for all family law needs. Our team of compassionate and knowledgeable solicitors is committed to supporting you through your family law challenges with dignity and respect.

Navigating family law issues can be daunting, but you don’t have to do it alone. Bromfield Legal stands ready to assist you with expert advice tailored to your unique situation. Contact us today to find out how we can help you achieve the best possible outcome for your family law needs.

Mar 01
0
couple-sat-at-desk-using-solicitor-to-write-and-sign-an-amicable-separation-agreement-paper

How a Solicitor Can Facilitate Amicable Separations 

By | Divorce and Separation

Have you and your spouse or civil partner decided to part ways? You could be in an awkward situation if the two of you have yet to decide whether to end the marriage or civil partnership formally or if it has not lasted long enough to naturally come to a close.

In the meantime, you could still sign what is known as a separation agreement. A separation agreement is where you free yourself from the obligation to live with your partner while negotiating future financial arrangements and outlining plans for the care of any children from the union moving forward.

A solicitor can draw up a separation agreement for you —which specifies the details of the separation and deal with any joint assets, arrangements for children and any other pertinent matters. At Bromfield Legal, our team of experts in Nuneaton work with you personally to craft an agreement tailored to your unique circumstances, ensuring it aligns perfectly with your needs and objectives.

 

Understanding Legal Rights and Obligations

Separation can be an incredibly stressful time, particularly if it comes as a surprise to one partner. However, both parties will naturally be keen to have an amicable split — and getting in touch with a solicitor can help them achieve this.

By consulting with a legal advisor, you can gain a clearer understanding of your legal standing with your partner and how to make the separation agreement as watertight as possible. This process can provide you with confidence and certainty about the future.

 

Navigating Financial Arrangements 

If your household has historically relied on one partner for the majority of its income, it’s natural to be concerned about how you’ll manage financially in the future.

Fortunately, a solicitor can help to give you a solid financial standing. You can get reliable legal advice on what you will be entitled to financially and, together with your partner, come to agreements about who will assume responsibility for specific financial obligations, including debts, loans, and overdrafts.

 

Child Arrangements and Support

Certainly, the financial provisions in a separation agreement can often hinge on decisions regarding the care of any children from the ending relationship.

Key to ensuring an amicable split is ensuring that you and your partner both put the children’s welfare first as the law does already.

To achieve this, it’s important to encourage your children to maintain relationships with both parents as you navigate decisions about their living arrangements and financial support for their upbringing.

 

Drafting and Formalising Agreements 

We are thoroughly experienced in helping couples to achieve amicable separations. To ask our team to help you get the best possible result, just call our Nuneaton office on 024 7638 2343. We offer same-day appointments at both locations, allowing you to quickly access and benefit from our legal expertise conveniently.

Jun 05
0
house in divorce

What is a Financial Agreement in a Divorce

By | Divorce and Separation

Going through a divorce can be a difficult and emotional time. During this challenging time, you might be thinking ‘What is a financial agreement in a divorce?’. We’ve put this useful guide together to break it down for you. 

In addition to the emotional upheaval, there will be many financial matters that need to be addressed. One of the most important financial decisions that you will need to make is how to divide your assets and debts.

how does the divorce process workWhat is a financial agreement?

A financial agreement can be reached during divorce proceedings and is separate from a divorce. 

While most people assume the financial agreement is part of the divorce, it is a separate process. 

There are a number of different ways to divide your assets and debts in a divorce. One option is to reach an agreement with your spouse through negotiation or mediation. If you are able to reach an agreement, you will need to have it formalised in a legal document called a financial agreement.

Is a financial agreement legally binding?

A financial agreement is a contract that sets out the terms of your financial settlement. It is important to note that financial agreements are not always enforceable. For a financial agreement to be enforceable, it must be fair and reasonable, and it must be entered into voluntarily.

If you are unable to reach an agreement with your spouse, the court will decide how to divide your assets and debts. The court will consider several factors in making its decision, including the length of your marriage, your respective incomes and earning capacities, your contributions to the marriage, and the needs of any children.

What does a financial agreement protect?

You’ll be pleased to know that a financial agreement is a multi-faceted legal agreement that sets out to protect many financial areas. A financial agreement can protect a number of things, including:

  • Property: The family home, investments, and other assets.
  • Income: This could include salaries, pensions, and other sources of income.
  • Debts: Including mortgages, credit card debt, and other debts.
  • Maintenance: Payments to one spouse or civil partner to support them financially after the relationship ends.
  • Child support: Money to be spent on raising the children 
  • Pensions: You may have a large pension that you’d like to protect.
  • Family inheritance: Your family may have capital and assets they need to protect from your ex-spouse. 
  • Future partners: The financial agreement also helps keep future partners on both sides from having any financial influence. 

how does the divorce process workHow do I apply for my financial agreement?

If you are going through a divorce, it is important to speak to a solicitor about your financial options. We will help you understand your rights and options and help you negotiate a fair and reasonable financial settlement.

Your solicitor would typically aim to process the financial agreement before the Decree Absolute. Why? The financial agreement can become more complicated once the divorce is finalised.

Why do you need a financial agreement?

Unsurprisingly, even though you may be amicable with your ex, money can bring out the worst in people. By getting your financial agreement in order, you’ll be safeguarding yourself as well as having peace of mind. 

Avoids going to court 

Going to court can be a lengthy and expensive process. If you can reach an agreement with your spouse, you can avoid the cost and hassle of going to court.

Secure your financial future

Knowing that your financial future is secure can help you move on with your life after your divorce.

Protect your children

A financial agreement can help to ensure that your children’s needs are met after your divorce.

How do I get a financial agreement?

If you are considering reaching a financial agreement in your divorce, speak to us at Bromfield Legal as soon as possible. Our highly experienced team will approach your case with compassion and determination. We will help you understand your rights and options, and work to achieve an agreement which is best for you.

Nov 28
0
Parents sit on sofa looking unhappy with child in the foreground

Child maintenance explained

By | Children, Divorce and Separation

When facing divorce from a partner, finances can become a massive concern, especially when you have children involved. 

Child maintenance comes into play when one of the children’s parents no longer lives with them. 

Arranging child maintenance between you and your ex can improve your child’s overall wellbeing and keep the family relationships in a positive communicative space. That’s why it’s important to get a good grasp on what child maintenance is and how to arrange it. 

 

What is Child Maintenance?

Child maintenance is the regular financial support that helps with day-to-day costs involved with raising children. If your child is under the age of 18 and if they are in full time education lower than A-Level, they are eligible to receive child maintenance. 

Both parents, divorced or separated, are legally responsible for the financial costs of their child. You’ll be wanting your child’s lifestyle and general welfare to continue even with the change in circumstance.

Parents sit on sofa looking unhappy with child in the foreground 

What are the different arrangements for child maintenance?

There are three types of arrangement you can choose from. Your circumstance will ultimately determine which option you go with. 

Family Arrangement

A family arrangement is where the two parties agree on a maintenance arrangement privately outside of the court or a CMS (Child Maintenance Service). It is legal to discuss and agree on an arrangement outside of the court but we always recommend having the agreement put into writing so that both parties are clear of the expectations of the maintenance arrangement and so there are no grey areas. 

Consent Order 

A consent order means a court has ruled the maintenance agreement. A consent order is reached by submitting this form with help from your solicitor. Your solicitor can assist you with filling it correctly. Both parents will have to agree on an amount of maintenance which is fair and justified against the amount of earnings on both sides.

If you’d like advice on how this figure is worked out, get in touch and we’ll discuss what a fair amount should look like for you and your child. 

Both parties will have to consent to the amount so seeking legal advice at this stage could be of great benefit. Speak to one of our highly experienced lawyers at Bromfield today.

Can I write my own consent order?

For the Judge to grant your order, you must have the consent order professionally drafted up by a solicitor. However, you can file a consent order on your own. 

 

Filing a consent order is essentially submitting the initial application. Granting the order means the court has agreed with the application and the consent order must be carried out.  

How much does a consent order cost? 

There are some legal fees you’ll have to foot if you are submitting the consent order. These are 

  • Form submission/ Court fees (£53 approx)
  • Solicitors (can cost anywhere between £700-£2000 approx)
  • Mediators (registered mediators can cost between £100-£170)

piggy bank with stack of coins to the side of it

Child Maintenance Service 

CMS’s are private companies who assist parents without a consent order or family arrangement in place. Child maintenance services also lend themselves to helping those who are struggling to fulfil their agreement or those who are not compliant. 

Fees for using the services of Child Maintenance Service vary depending on the service and provider you use. 

CMS’s offer payment arrangements such as ‘direct pay’ and ‘collect and pay’ on your behalf. 

Explore your options for your child’s maintenance with us at Bromfield Legal 

 

How much child maintenance should I get?

Knowing how much you and your child are entitled to in child maintenance should be at the top of your priority list. Seeking the help and advice of a qualified solicitor could help illuminate any confusion over what you’re entitled to. 

As a standard rate we can see the percentage a parent is expected to pay per child here-

  • One child = 12% of your gross weekly income 
  • Two children = 16% of your gross weekly income 
  • Three or more children = 19% of your gross weekly income 

 

Check out the .gov child maintenance calculator to get a more accurate look at the amount either you or your ex partner should pay. 

My ex isn’t paying child maintenance

You may have taken all the right steps to arrange your consent order for your child’s maintenance with your ex partner but now they won’t or aren’t able to reach the payments. Here are the steps to take to Enforce an Order 

 

 

  • Report the breach. Fill in form C79 to start the application for the court to enforce the child arrangements order. 

 

  • Send to the nearest court to you that deals with cases involving children.

 

  • The cost of submitting this form is £232

 

Need help with this form? Get in touch with our team who are ready to guide you through the process. Let’s start the process together with Bromfield Legal. 

 

We are proud to offer affordable legal advice and assistance. We appreciate that everyone has different financial situations and fixed fee options are available. Contact us by email or call us  on 024 7638 2343 

Oct 06
0
couple handing over their wedding rings in a divorce

How long does it take to divorce?

By | Divorce and Separation

The divorce process, and the ancillary issues such as property, finance and children, can be a long and drawn-out one. It all really hinges on just how contested the issues are and how much a couple is able to agree on together.

On average, divorces in this country take around 6 months to complete. However, some people spend far longer arguing the toss with their ex regarding the ancillary issues. So, it’s also not unheard of for hotly contested divorces to take 2 years or more to finalise.

To begin official divorce proceedings in the UK, you must have already been married for at least 1 year. If you want to get divorced before this 1 year period elapses, you can alternatively seek a legal separation without divorcing, which gives the courts the power to decide issues relating to finance and property.

What are the grounds for divorce?

The only ground for divorce under the new law which came into effect in April 2022 is the irretrievable breakdown of the marriage. Either party can commence the proceedings. Usually, it is not possible for the other party to defend or delay the proceedings.

This process avoids the proceedings being costly, both financially and emotionally. However, if you are deciding on important matters like childcare arrangements for your children, and financial settlements the proceedings can still be prolonged and expensive, particularly if expert legal advice is not obtained at an early stage.

Pick the right family solicitors firm

Once you feel like getting a divorce will be inevitable, you will want to get it sorted and have the papers in your hands as soon as possible. How long it takes for you to divorce could rest on choosing the services of a good family solicitors firm.

You need to work with legal professionals who know what they’re doing. Otherwise, the divorce and ancillary proceedings can be long-winded and frustrating. At Bromfield Legal, we are experts in family law. We have a wealth of experience in helping to get the best results for our clients, ensuring their divorces are completed as stress-free and as quickly as possible.

Divorce documents

There is essential paperwork you need to have in the UK as evidence to prove you’re now officially divorced and allowed to remarry. When a marriage or civil partnership has officially been terminated by divorce, both the petitioner and the responder will receive the Final Order of Divorce (previously known as the decree absolute). Once your application for the Final Order has been sent to the family court, your divorce will be finalised within a few weeks at most, and often within a few days.

Try remaining calm

Try staying well-mannered and affable with your ex-partner. This will help speed everything up and make things go more smoothly.

divorcing couple

There’s nothing wrong with being candid about the arrangements you want to secure in your divorce arrangement. However, there’s no need to be rude or inflame an already stressful situation for both parties and your loved ones. Remain as calm as possible. This should help to give you some peace of mind during an inevitably tricky time in your life.

For dedicated legal advice to help you through a divorce or separation, look no further than Bromfield Legal. Get in touch by phoning us at our Nuneaton office or sending an email to enquiries@bromfieldlegal.co.uk.