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Common questions

  • Please contact us urgently. We can help you get legal protection and connect you with local support services in Leeds and surrounding areas. Your safety is our priority.

  • Winston Solicitors can advise you and assist you in respect of applying to the court for an order for sale and/or a declaration of your interest.

  • We can investigate the arrangement including the history of this, using disclosure orders, applications to join third parties (such as the trustees) where relevant and forensic analysis.

  • A 'Clean Break' Consent Order is an order agreed within divorce/dissolution financial proceedings which severs all financial ties between the parties both now and in the future.
  • Joint Tenants is one way of how two people can own a property together and it means that they own all of the property between them.
  • This is a type of order in divorce/dissolution financial proceedings that means a party can live in a property until certain conditions are met.
  • Tenants in Common is another way of how two or more people can own a property together and it will define what proportion of the property that they own.
  • This is an order from the court setting out where children shall live and how they shall spend time with each parent.
  • In family law, a consent order is a legal document which formalises a couple's agreement on the division of their assets (including things like money, savings, property, investments, pensions, and other valuable possessions) and income during a divorce or separation. It can also cover specifics related to child maintenance.

    Sometimes, reaching an agreement might prove challenging, particularly in cases of an acrimonious separation or conflicting interests. However, in situations where couples can reach a mutual understanding about the distribution of their assets, a consent order can speedily solidify this agreement, making it legally binding and safeguarding it from future challenges.

    For a consent order to effectively reflect your intentions and be legally enforceable, it is advisable to engage a solicitor who can draft and validate the document.

  • A Consent Order is an order agreed within divorce/dissolution financial proceedings which sets out the terms of the agreement for the financial separation dealing with sale/transfer of property; bank accounts; maintenance payments and so on.
  • This is a document that is legally binding and usually sets out how legal owners of a property shall own the shares in that property.
  • This is the First Hearing Dispute Resolution Appointment in children proceedings and will usually be the first hearing you attend at court in a children application.
  • A MIAM is a Mediation Information and Assessment Meeting and is the first meeting you have in mediation. It is mandatory to attend a MIAM before you make a court application except in certain circumstances when you may be exempt.
  • This is a form of injunction that you obtain from the family courts to prevent a person associated with you from doing certain things for your protection.
  • A pension divorce calculator provides an estimate of how pension assets might be split during divorce. While not definitive, it offers valuable insight into potential outcomes, helping parties make informed decisions.

  • A Pension Sharing Order (PSO) is an order made upon the conclusion of divorce/dissolution financial proceedings which allows a pension to be shared in accordance with the order, and the receiving party will receive this share of the pension to put in their own pension fund.

  • A power of arrest attached to an order means that if the order is breached, the police have the power to arrest the perpetrator.
  • This is an order in children proceedings that prevents a person from doing something e.g. removing the child from school or taking them abroad.
  • This is an order in children proceedings that sets out a certain provision for a child i.e. Whether to change their name.
  • A TOLATA claim is a legal route for the court to make a decision in the event of a dispute regarding a property. The court can make decisions about a number of issues including (but not limited to) the declaration as to the parties’ interests in a property, whether a property should be sold and occupation of the property.

  • An Occupation Order is also a type of injunction and regulates who can stay in a property and financial provisions can be made.
  • An undertaking is a promise to the court regulating an action. It could be a promise to do something, ie close a bank account, or a promise not to do something. A breach of an undertaking is a very serious matter and is contempt of court.
  • Arbitration is a form of alternative dispute resolution like mediation, but it takes place with a qualified arbitrator and they can make decisions that are binding.
  • Collaborative law is a process where both parties use trained professionals to resolve their legal dispute without going to court.