Divorce and Separation
If you are considering either divorce or separation Foster Wells can advise you and help you through the process. We outline your options at every stage and provide you with information to enable you to make your own decisions. We can give you advice concerning other people who may be able to assist you ie. Mediation Services, Child Contact Centres and Women's Refuge..
To obtain a divorce you need to show that you have been married for over a year and that the marriage has broken down irretrievably. If you are unsure about the breakdown, a trained relationship counsellor may be able to help you, together with other organisations such as Relate.
It is also important at this time to know how much this will cost. Foster Wells can offer Legal Aid to those eligible for it financially. During your first telephone call and meeting with us, we will ask you for certain information and for you to bring along certain documents from which we can establish whether public funding is available to you.
If you are not eligible, Foster Wells will offer you a Fixed Fee first meeting of 75.00 plus VAT for up to one hour and also a Set Fee in respect of the divorce action (proceedings involving children or finances are costed separately). This Set Fee is currently 550 plus VAT and there are court fees in addition of 340.00.
For further information please contact us via this web site or by telephone, fax or calling into the office to see us.
Many clients come to us who in fact do not wish to divorce straight away, or perhaps do not have grounds to do so. In this instance, negotiations can take place to try and agree financial matters between yourself and your spouse with the divorce to take place after at least two years separation between you.
If an agreement is possible, that can be recorded in a formal Separation Deed. This is in effect a contract between the two of you and the court is not involved at this stage. The Deed usually provides clarity as to what is going to happen about finances until the divorce can occur. The Deed can also be used, if you wish, to record any residence and contact agreement you have reached concerning the children of the family.
When the divorce is ultimately issued at court you can then request the court to approve your financial agreement as a final formal court order. You should be aware however that the court is not bound by the terms of the Separation Deed and either party can ask the court to determine any financial issues between you despite the terms of the Deed. The court takes many factors into account when determining money issues and when a Separation Deed has previously been agreed, one factor the court can take into account are the terms of the Deed.