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.

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.

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.

An excellent family divorce lawyer prioritises their clients, offering tailored advice and seeking practical solutions that suit their needs. To find a reliable divorce lawyer, explore client reviews to get an idea of the quality of service others have received.

Choosing a highly recommended divorce lawyer with a wealth of experience in handling various cases typically ensures that they can provide the most effective guidance and support for your situation.

Asset transfers, maintenance (sometimes known as periodical payments), child support, and the division of retirement accounts can all come with tax implications. Being aware of these potential tax implications will help ensure you aren't caught off guard during tax season.

Child support and child (sometimes referred to as live with or residence or custody) arrangements might have financial repercussions, influencing how assets are divided or allocated. Being well-informed ensures that decisions made are in the best interest of the child while also being fair to both parties.

We take immense pride in our unrivalled reputation among our family law clients, a testament to the trust they place in Winston Solicitors.

At Winston Solicitors, our clients commend us for:

Our unwavering commitment to cost-effectively resolving matters.
Our extensive experience in handling complex family matters, ensuring they are in capable hands.
Our ability to alleviate the stress and anxiety that often accompanies family issues.
We prioritise our clients above all else.
Delivering a 5-star service which is the cornerstone of our decision-making process.

Our family law service offers you:

Tailored legal solutions designed to suit the sensitivity of your unique case.
A cost-effective approach to legal matters.
Flexible, late evening appointment options to accommodate your schedule.
Convenient on-site parking for easy accessibility.
Wheelchair-accessible facilities to ensure inclusivity.
An office location outside the bustling city centre of Leeds.
Access to city centre meeting rooms if that is more convenient for you.
The flexibility of virtual online appointments for your convenience.

At Winston Solicitors, we are dedicated to providing you with the highest level of service and support throughout your family law journey.

The division of properties, particularly primary residences, is multifaceted. Factors like the needs of any children, the source of the property, contributions made, and its current valuation can play integral roles in some cases. Our expertise can assist to guide you through this complex process.

The amount of spousal maintenance you receive or pay is dependent on a variety of factors, such as each person's financial needs, their earning capacities, ages, and the standard of living during the marriage.

A divorce is likely to take a minimum of 30 weeks. This process can however be lengthier if there are financial matters to also resolve.

They can vary and it is up to court, but usually they are in place for 6-12 months.

It varies. Simple agreements may resolve in months, but court cases can take longer.

Your first call is free. After that, we offer a range of flexible payment options — including fixed fees, monthly plans, and deferred costs in some cases. We’ll always be open about pricing before any work starts.

It is recommended that a Pre-Nuptial Agreement be finalised at least four weeks (ideally longer) before the date of the marriage or civil partnership. This helps ensure that both parties have adequate time to review the agreement and seek legal advice.

There is no time bar if you wish to remarry in England or Wales but you will need to check the country in which you intend to marry but you must have your Final Order (previously known as Decree Absolute).

You should also check with your solicitor about any effect your remarriage might have on your financial entitlement after your divorce if you have not yet finalised your finances following your divorce/dissolution.

To protect your pension in a divorce, several steps should be taken, some of which include:

Understand the Laws: The law and regulation around the division of pension assets is complex. Get the appropriate advice from your solicitor and financial experts to understand your rights and options.
Consult a Solicitor: Engage a solicitor who specialises in family law and asset division and who has experience of cases involving pensions. They can offer tailored advice that will help you navigate the complexities of pension division.
Pension Valuation: Obtain an accurate valuation of your pension and consider whether you need advice from a qualified actuary. This ensures that you know exactly what is at stake and what a fair settlement looks like.
Consider Pension Offsetting: Sometimes, it may be beneficial to offset the value of your pension against other assets you might receive. For example, you may keep your pension, while your spouse gets the house but care needs to be taken to ensure this is genuinely a fair outcome and expert evidence may be required.
Update Beneficiary Information: In the event of a divorce, you may want to review and possibly update who your pension benefits will go to in case of your death.
Draft a Financial Agreement: To conclusively protect your pension, ensure you have a comprehensive consent order, which results in a legally binding financial settlement.
Post-Divorce Review: Both during and after the divorce is finalised, consult with a financial advisor to revise your retirement planning strategy.

The process for the dissolution of a civil partnership follows the same process as the divorce.

If your ex-partner fails to comply with a spousal maintenance order, you can apply to the court for an enforcement order. The court has the power to enact various measures to ensure payment, including garnishing wages or seizing assets.

This is an injunction you can obtain from the family courts.

Only certain law firms offer legal aid and to provide this they have to have a contract with the Legal Aid Agency. Legal Aid can provide people with financial assistance to help pay for their legal fees but certain conditions need to be met to be eligible for this.

A mandatory 20-week "cooling-off" period is built into the process, allowing both parties to consider their decisions carefully. Early legal advice becomes crucial in assessing the right time to initiate the divorce application, taking into account the waiting period. This means it is not necessarily quicker to get a divorce, but it is certainly less stressful.

One of the significant advantages of no-fault divorce is that it does not require both parties to agree. You have the option to file the divorce application independently, and your spouse has 14 days to respond to the petition. It's important to note that they cannot contest the divorce unless specific legal grounds exist. This can make the process somewhat quicker than before.

For those who have reached an amicable agreement, a joint no-fault divorce application is also available, allowing couples to mutually navigate the process with shared consent. This flexibility has made the divorce process more accommodating.

The simple answer is that it all depends on who you instruct. If you use a reputable firm/panel then the process should be both clear and organised. At Winston Solicitors the average time scale for our client’s from when their Application is submitted to a decision being made is 2 months compared to other firms who have a usual average of 8 months. It is important to note that not all firms/panels have a structured process which means the decision to grant a “Khula” can take up to a lengthy 8 months.

Following the panel meeting, if an Islamic Divorce is to be granted, the panel will issue you with a formal divorce certificate similar to that of a Decree Absolute. At Winston Solicitors we always hold a duplicate copy on file for up to 6 years.

Yes, the Islamic Divorce panel have to satisfy themselves that your case is significant enough for an Islamic Divorce to be granted. Certain panels require face to face meetings, however this isn’t necessary. At Winston Solicitors we arrange panel meetings by way of video call, it allows our clients to feel at ease and relaxed in their own environment.