New Year, New Start? Questions about divorce

Perhaps New Year wasn’t the only time you saw fireworks. Or maybe Christmas was simply when you realised that your marriage isn’t working. We can help.

Woman in a beige winter coat and red bobble hat with arms outstretched in snowy woodland scene representing new year, and a new start, possibly divorce.

Christmas is over for another year; you’ve made your New Year’s resolutions to go to the gym more. But you may now also be thinking about your personal relationships. For those already separated, there may have been difficulties in sorting out the Christmas arrangements for your children. We answer some of the common questions about divorce that arise at this time of year.

I am thinking of getting a divorce, what do I need to do?

The first step would be to get up to speed on the divorce process (which changed in April 2022), and the law in relation to financial issues and arrangements for children.  Whilst you can find some of this information online, the documents you will need, and how to start the process, speaking to one of our family layers would provide you with more tailored advice, specific to your circumstances. As a starting point, it is good to have as much information as possible to hand about the family finances.

We are not married but are separating; I am worried about ending up homeless.

The rights of cohabitees are limited and not the same as married couples who are separating; there is no such thing as a ‘common-law’ wife or husband.  Even if the family home is owned by your partner, you may have an interest and if you have children, there are financial claims that you can make on their behalf for housing provision or additional financial support. This is a complex area of law and taking early legal advice is recommended.

I have an informal arrangement with my ex-partner to spend time with my children but I had real difficulties making arrangements over the Christmas period and I am not sure what I can do now.

Unfortunately, this is an issue that commonly occurs and one with which we are very familiar. There are several options to try to resolve and formalise arrangements outside of the court process and we can provide advice and discuss options that would be suitable for you.

If you have further questions about divorce, we can help. Our Family team offer an initial consultation at a fixed fee of £200 + VAT, either in person at our offices in Wimbledon or Epsom or via video call. Please contact us for more information.

This article was written by Tatjana Williamson

Please note the contents contained in this article are for general guidance only and reflection the position at time of posting. Legal advice should be sought before taking action in relation to specific matters.

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