- Divorce (Straight forward or Defended)
- Ancillary Relief
- Children- Access/Contact Residence/Custody
- Annulment
- Separation Agreements
- Cohabitation Agreements
Relationships not only include parties who are married but also covers
parties who are in long/short term relationships, at times relationships
do not work out and so our firm covers for instances like this. Separation
agreements can be drafted to cover times where a relationship has broken down and the division of belongings etc, needs to sorted out professionally and amicably between parties.
However in cases where parties do not want to get married and want to be prepared should the relationship not work out then we at Salim & Patel can draw up Cohabitation Agreements to cover this eventuality for you. For a quote contact us at the office or email us with your details.
DIVORCE
Divorces can be straight forward and can be finalised within months, such divorces are often termed as "Paper Divorces" or "a Quickie Divorce"
At Alliance, we can cater for such divorces whether it's a straight forward divorce where both parties consent or where one of the parties does not, we can take on your matter and give you professional advice.
In order to petition a divorce the parties have to have been married for 12 months or more. The person filing for the divorce is often called the Petitioner and the other person is called the Respondent.
- The person petitioning for a divorce has to establish that the marriage has broken down irretrievably, and must prove one of the following facts
- One or both of the parties have committed adultery, to rely on this fact the parties must not have cohabited together as husband and wife for more than 6 months after the Petitioner first became aware of the respondents act of adultery.
- Respondent has behaved in such a way that the petitioner can no longer be expected to live together
- Each party has separated for at least 2 years; 2 years separation requires the consent of the other party
- Each party has separated for at least 5 years; this ground does not need the consent of the respondent.
- The party filing for divorce, the Petitioner, has been deserted for at least 2 years or more.
When Divorces are contested each party must disclose all assets they have, this is in order to see each parties financial position. In cases where there are children involved especially where children are of a minor age, .the welfare of the child is the most important.
In deciding who gets what and how much, we need to weigh up each party's needs and requirements the most important being the needs and requirements of any children of the family
When negotiating a settlement, each party's assets are put into the "matrimonial pot" for division.
The parties assets will include property such as the matrimonial home, which is most often the parties largest asset, their bank accounts, savings, and pensions.
Certain factors need to be weighed up between both parties when deciding who gets what and how much, the factors taken into account are the parties:
- age, duration of the marriage
- income,
- needs and resources,
- either parties disabilities,
- contributions to the family,
- conduct of the parties.
During and after the Divorce, maintenance payments can be paid to one of the parties, this is often called "Periodical Payments". In such circumstances where one party is financially better off than the other, then that party may have to pay the other for example a monthly sum, to ensure that the other parties needs and requirements are met. This is usually by way of periodical payments for a term of a number of years or until that party remarries or secures herself a more sufficient income.
In cases where both parties have a substantial amount of money, cases like these are often termed as "Big Money Cases", in these circumstances parties a "Clean Break" may be appropriate where by each party agrees to give up their claims to any maintenance or capital provisions.
CHILDREN
We at Alliance, have a compassionate approach when dealing with children and divorce, to the parents and to the children it is fairly emotional and distressing moment, we have at the firm a team of professional and sympathetic lawyers at hand to help guide you through this worrying time.
Following a Divorce parents will have to share parental responsibility of the child.
It is often the children who will have to deal with coping with living at separate homes. Often parties will disagree with where the child should live and one parent will be granted an order where by the child will live with them, which is a termed as a "Residence Order," sometimes referred to as "Custody".
The non resident parent, will most likely have an order granted in their favour to allow contact with the child, this is know as a "Contact Order" which may also be referred to as "Access".
COST
Should you have a family matter and wish to discuss your case with one of our solicitors, then simply call us to book a meeting, we will listen and advise you accordingly. We do charge a FIXED FEE INTERVIEW of £90 PLUS VAT, however there is no time restriction on the meeting and no obligation to instruct us any further on the matter. We will also confirm what was discussed during the meeting in a follow up letter. Our charges for a straight forward divorce are around £500 plus VAT and disbursements, ie the Court Fee However in cases where the divorce is not agreed upon, then we charge by our hourly rate of £225 plus VAT