F Barnes are authorised and regulated by the Solicitors Regulation Authority No’s 46609 and 46610

Divorce

Our Divorce Law specialists

Tiina Juhanson

Katerina Mavroudis

Gemma Hodder

Divorce and Relationship Breakdown

Law can be complicated and confusing at the best of times, and when you are experiencing the distress of a relationship breakdown, expert assistance is invaluable.  At F Barnes we have a recognised and highly respected specialist Family department dedicated to providing a personal and professional service to help resolve your situation in as straightforward and pain-free a manner as possible.

Married Couples

If you and your spouse have come to the decision that your relationship has irretrievably broken down, you can terminate the marriage in two ways: either by obtaining a separation agreement which will state what will happen on divorce or by issuing immediate divorce proceedings.

Divorce will only deal with the termination of the marriage. If you need to resolve the division of matrimonial assets such as your home, savings, pensions etc. this will be covered by something called Ancillary Relief.  A negotiated settlement between you and your spouse (or their solicitor) is obviously the preferred outcome. However, if a settlement cannot be reached, the matter is taken to court.

Ancillary Relief negotiations and court proceedings are very complex. It’s rarely as simple as dividing all the assets equally between the parties, as many factors need to be taken into consideration when deciding a fair division of assets. Even if you and your spouse are in agreement, you will still need to obtain an Order to confirm how the assets are to be divided. Without this it’s possible for a former spouse to make a claim for the others assets even after divorce.

Prenuptial Agreement

We can assist couples in drafting a Prenuptial Agreement. This will set out in writing what you have agreed will happen in the unfortunate event of your separation.  Prenuptial Agreements are not necessarily binding, and if one party withdraws from the agreement following divorce the court does not have to follow the agreement, but it will give the court an indication of the wishes of the couple prior to divorce.

Pre-registration agreement

We can also assist couples in drafting a Pre-registration agreement which will set out what would happen in the event of separation. Such agreements are not necessarily binding but give an indication of what was intended at the outset of the relationship.

Civil Partnerships

Civil Partnerships put same-sex couples in the same legal position as married couples, and the process for dissolving a Civil Partnership is more or less the same as that of a divorce. We can advise and assist you in dissolving the Civil Partnership as well as separating your assets.

Living together (Cohabitation)

More and more couples are choosing to live together, perhaps having a mortgage and children together. However, contrary to popular belief, there is no such thing as a “common law marriage” and the law does not recognise such relationships in the same way it does marriage: offering little protection when such a relationship ends. In such an instance your rights would only be similar to those of two people that are flat-sharing. 

How assets and responsibilities are divided between parties when a cohabiting relationship ends is a very complicated area of law.  F Barnes can provide you with specialist advice, and can also assist you in regard to a Cohabitation Agreement, which would set out the extent of your commitments and obligations to each other in the event of death or separation