Common questions
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We have outlined above just some of the issues which might have to be considered when you wish to achieve a fair settlement. No two cases are the same. Often, the farm value will run into millions and there is a lot at stake.
At Winston solicitors you will be introduced to some of the best experts to guide you with valuations, accountancy and business advice so that you can best use all the available options in relation to the farming assets to get a financial settlement that allows both spouses to move out of the marriage and on with their lives.
Understanding all your options is crucial to unlocking assets to enable a financial settlement.
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You can file for divorce without a solicitor, but having legal support can help protect your finances, property, and future — especially if children are involved or things are contested.
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You may need experts in both areas. We can offer specialist divorce advice with expert understanding of trust law and we have access to the experts you need additional expertise is required.
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Yes, if you want certainty over property, pensions, or money now and in the future. An order makes the agreement legally binding and can protect you in future.
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You only require either a good colour scan or photograph of the original that is clear and shows all four corners of the document. If the certificate is not in English, you also require an official translation of the certificate.
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If you decide not to divorce, you will remain legally married to your spouse and your financial claims against each other will remain open indefinitely. The financial claims can only be ended by court order.
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Yes, you will need to make an application to the court to get a Non-Molestation Order and/or Occupation Order. However, if you are at immediate risk of harm we recommend that you always contact the police.
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Yes. The rules are the same. You can make a pre- or post-civil partnership agreement to protect your assets and plan for the future.
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We extend our services to clients located across the country, ensuring that distance is never an obstacle in securing professional legal support. As long as your divorce falls under the jurisdiction of the courts in England and Wales, we can be of service to you.
Our best family law solicitor in Leeds acts for a diverse client base. Regardless of your location, we offer various modes of communication and consultation to accommodate your preferences.
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Absolutely. We advise on civil partnerships, same-sex divorces, co-parenting and all family law issues — with the same empathy and expertise we offer every client.
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Yes, family law includes divorce along with other things like child arrangements, division of financial assets and other family-related issues.
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Businesses aren’t merely about current valuation. Their inception, evolution, future potential, and whether the provide any liquid capital can become central in divorce considerations. Comprehensive understanding is vital for fair division and expert evidence is often required.
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Cryptocurrencies, though relatively novel, are still considered assets. Their valuation and division can be complex due to their volatile nature and the challenges in tracing them. It is essential to approach this with expert guidance to ensure fair division.
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Investments, whether in equities, shares, or other financial instruments, have specific legal considerations during a divorce. Knowledge and timely measures can be instrumental in preserving these assets.
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The starting point is no different to any other divorce which requires careful consideration of the financial needs of the parties along with other factors relevant to the division of assets on a divorce.
These include the contributions of each of the parties to the marriage, for example, as well as the length of the marriage, health issues, the impact on any children and the parties’ standard of living.
When it comes to considering how assets will be divided, it is also necessary to consider the provenance of the assets and the extent to which there are any non-matrimonial assets that are not automatically subject to sharing. Such as pre-marital acquired assets or inherited assets. The reality is that, at least part of the farm is likely to be the family home as well as the business. Even where inherited and passed down through the generations., Therefore, this may be considered to be matrimonial as a result. Divorce and farming is a complex area of law and good advice that takes all the relevant legal factors into account is required to ensure the right outcome.
In recent times, there has been a lot said about farming incomes. Alack of income over the lifetime of the relationship can mean that the farm is the only asset to provide for both parties in their lives after the divorce. This might mean that some assets have to be sold. Which can lead to disagreements about whether that would harm the future of the farming business.
This is a difficult consideration for everyone. Very often both parties to the marriage will have contributed to farming life, and valuing one contribution over another is emotive. It is important to understand that the court does not give any lesser weight to the contribution of the home maker and provider of childcare than to the party who, on the face of it, is running the business. In most cases, the contributions will be considered to be equal.
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Start by obtaining a copy of your credit report. Ensure all joint accounts are closed or transferred, and focus on building your credit through timely payments, reducing debts, and avoiding new debts that strain your finances.
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Maintain a clear record of all your digital holdings, investments, and intellectual properties. Collaborate with solicitors familiar with the digital asset landscape to ensure that they are adequately considered and equitably divided.
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Finding the balance between emotional well-being and pragmatism during divorce/dissolution proceedings can be arduous. It is essential to lean on trusted friends, family, and professional counsellors and coaches to offer support. Having a strong, clear and empathetic solicitor by your side can significantly ease the asset division process. At Winston Solicitors we can connect you with the support you need.
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Looking beyond the immediate implications of divorce/dissolution means ensuring sustainable income sources, maintaining good credit, budgeting effectively, and perhaps even revisiting your investments. Rebuilding might take time, but with the right strategies, you can fortify your financial foundation.
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A 'clean break' order brings maintenance to an end. When making spousal maintenance payments orders, the court is under an obligation to consider whether the periodical payments should be made only while the receiving party adjusts, without undue hardship, to the termination of their financial dependence on the payer. This stresses that the receiving party cannot necessarily sustain the marital standard of living.
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Establishing a clear and transparent plan regarding children's funds, assets, or trusts is vital. Collaborative discussions that prioritise the children's welfare over individual interests can make this transition smoother for the young ones.
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While marital assets comprise wealth acquired during marriage, non-marital assets, which usually include inherited ones, represent those amassed without reference to joint matrimonial endeavour during the relationship. Knowing this distinction and getting good legal advice can be decisive in asset division.
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Foreign assets add complexity to the divorce/dissolution equation. It is pivotal to be transparent and maintain meticulous records, especially regarding overseas properties or assets in foreign currencies.
While the concept of a divorce to protect assets can be misunderstood, our family law firm is here to offer clarity and ensure that your rights and assets are preserved without advocating for unnecessary separations.
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Pre-Nuptial Agreements primarily focus on financial aspects so they generally do not dictate terms for child arrangements (sometimes referred to as custody) but they can cover the issue of child maintenance or support and other child related financial issues such as payment of one-off expenses or longer-term outgoings such as school fees. The child arrangements are usually agreed or determined by the court based on the best interests of the child.