Divorce & family

Contrary to popular belief, there is no such thing as “Common Law Marriage”. The statutory obligations of mutual support that exist in marriage or Civil Partnership simply do not apply.

Instead, the law of property and trusts usually contains the governing principles. SME Solicitors have seen a number of important developments in this area over the last 10-15 years. In that time, SME Solicitors have dealt with various complex cases in this field and have up-to-date experience with the approach the courts currently take.

Nuptial agreements are freely negotiated contracts designed to give certainty if the parties subsequently separate or divorce. Nuptial agreements require full disclosure of financial positions and freedom from time pressure – so must be done well in advance of any planned marriage – and to have the best chance of success, both parties need full access to independent legal advice on both sides.

As a result, nuptial agreements cannot be described as the most romantic of propositions and not least for that reason are not yet particularly popular. However, owing to the approach of the courts their enforceability has improved over the past few years so nuptial agreements must be taken much more seriously now as a possible method of reducing if not completely avoiding disputes. Having said that there are quite strict formalities to be observed if the desired outcome is to be achieved.

Our team can help to make sure that all of the relevant areas of concern have been taken into account, that the essential steps to ensure enforceability have been taken in the necessary order and that the provisions are correctly drafted to achieve their objective.

For advice on cohabitation and pre- or post-nuptial agreements, please get in touch with our team.

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Difficulties over children can create some of the most emotional disputes. On separation, there are probably more tears shed about children than any other issue.

Research suggests that children are far more perceptive of difficulties between parents than the parents realise. Children are also often far more realistic and resilient than parents think. However, whilst they remain children they are entitled to expect that parents will have the greatest input about future arrangements and organise the future in a way that addresses their welfare without conflict.

Drawing on many years of experience of sometimes almost intractable disputes we can help to guide you towards a solution that is inclusive of all views, whilst recognising the different perspectives a family has on the problem.

For advice on contact and residence, please get in touch with our team.

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We advise on all aspects of family work, whether that be divorce, dissolution of civil partnership or separation of cohabiting couples.

Many people are concerned about the possible need to attend court upon divorce or family breakdown but in most cases, the process may be handled without the need to see a judge.

We are able to advise you on how the prepare the paperwork yourself but it is far more common for clients to ask us to draft all necessary documents on their behalf.

There are strict legal tests to be satisfied in order to obtain a divorce but whilst meeting those tests we are able to draft the papers in a way which will not cause offence or undue conflict which is all too capable of rebounding in additional acrimony, heartache and cost.

Our experienced team at SME Solicitors will help you through the process with optimal speed and minimal disruption.

For advice on divorce and judicial separation, please get in touch with our team.

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Spouse maintenance, lump sum payments, business transfers, child support, pension sharing, assignment of life policies, trusts - all complex jargon that needs to be simplified.

Our main focus is helping you to identify the issues, deal with the uncertainty, explain the legal principles and advise you on the best options that will suit you and your family. If possible these should all be dealt with by agreement but agreement is not always possible.

If all else fails it can be necessary to apply to court. We have many years’ experience of handling all manner of disputes from straight forward disagreements, over valuation to complex big money issues over business ownership, tax and trusts. We can help you to present your case in a way that shows it in the best light.

Difficult cases raise difficult issues but those issues must be presented in a way that reflects you and your wishes. Rather than aggression and confusion our hallmark is clarity, focus and a concise statement of your case. With us at your side you will always know what we are doing, why and how we are doing it and what the charges will be.

SME Solicitors have an excellent track record of results at a viable cost. Our clients can depend on our unique approach to their individual situation. We are longstanding members of Resolution – the professional association for divorce and family law specialists.

For advice on divorce and financial issues, please get in touch with our team.

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Only a few decades ago, hardly anyone bothered seriously about the value of pensions on divorce. They were regarded as something so far in the future as to be irrelevant. In short marriages and/or for younger people that may still be so but in the majority of cases the pension assets built up during the marriage have now assumed far greater importance.

The powers of the courts are relatively straightforward but the valuation of interests and the ways in which they may be taken into account against each other or offset against other assets can be an extremely complex area. Without expert advice – and often the assistance of an expert actuary – the calculation of an appropriate pension share is a divorce minefield.

Our team can give you that advice and help you understand the confusing and complex terminology which arises in this particular area of the law.

For advice on divorce and pension division, please get in touch with our team.

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Legal Aid is no longer available for the family law work that we do at SME Solicitors. However it was always a misunderstanding that Legal Aid was free. The government usually required some sort of financial contribution during a legally aided case and in the majority of divorce cases the “statutory charge” used to apply meaning that eventually the costs were repaid to the Legal Aid authority. In other words, for a very large number of people Legal Aid was a loan.

These days our fees have to be met either from existing financial resources or by loan. Not much has changed although the sources of the loans have evolved. Many people have always found that loans provided by family members have always been an effective method. Commercial loans are often available from banks or other lenders although a drawback is the need usually to repay capital and interest at the same time. This can place strain on an individual’s financial position.

A more recent commercial entrant to the market is the litigation funding loan. The great advantage of such a loan is that usually only interest is payable during the case and until other assets are able to be realised ie a house is sold. So the main capital repayment can be deferred until the asset becomes available.

Several years ago Barclays Client Credit was the first well known matrimonial fee funding facility to be introduced in the UK. The team behind that has now set up Iceberg client credit funding which is part of Wesleyan Assurance Society the UK's largest provider of short term loans to clients of law firms. In 2014, the main specialist solicitors’ family law organisation Resolution announced that they had selected Iceberg as their partner to offer matrimonial fee finance via their members. Resolution is a group of over 6,500 family lawyers and other professionals in England and Wales. It promotes a non-confrontational, constructive approach to resolving family disputes.

The family lawyers at SME Solicitors are members of Resolution. To find out more, visit https://www.resolution.org.uk or https://www.clientcredit.co.uk.

SME Solicitors is not able to give a recommendation about any specific financial product, but we have heard good reports about how Iceberg funding works and now have clients using the facility.

For advice on divorce and separation agreements, please contact us

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