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.

Family law in the UK is the law surrounding family issues such as divorce, children and financial settlements.

Family law areas can include divorce, dissolution, separation, child arrangements (what was called child custody), dealing with financial family disputes, adoption, distribution of assets, domestic violence and contact with your children.

Mediation is an impartial independent service who can assist you and your ex-partner to make arrangements for your family upon separation.

This is the legal definition of the responsibilities that parents have over children for example to make decisions about a child's religion or health needs.

Pension sharing involves dividing the pension pot at the time of divorce and transferring a percentage to the other spouse. On the other hand, pension offsetting allows one spouse to keep the pension while the other receives assets of equivalent value.

TOLATA stands for Trust of Land and Appointment of Trustees Act 1996 and this is the law that governs property disputes, usually between cohabiting couples but can be used in a variety of different proceedings and set of circumstances.

Beyond asset division, our solicitors can offer guidance on financial resolutions and connect you with financial and other advisors who can advise on investment strategies to ensure your monetary future remains robust.

If you have decided that you want to end your marriage or civil partnership, it is a good idea to seek legal advice before doing so, so that you know where you stand and you understand the process. You can get a divorce or dissolution (for civil partnerships) after you have been married or in a civil partnership for 1 year.

Before making your divorce application, you must choose whether to do it on your own or apply jointly with your spouse.

You can apply alone in either of the following situations:

Your spouse disagrees that you should divorce
You think your spouse will not cooperate or respond to the court’s notifications

At each stage, you must confirm your intention to continue with the process.

To jointly apply for a divorce with your spouse, both of these conditions must apply:

Both of you agree that you need a divorce
You are not at risk of domestic violence

You can apply by post or online. At every stage of the divorce process, both of you must separately confirm your willingness to proceed with the application. If your spouse stops responding, you can continue with the application as an individual applicant.

You can obtain a Non-Molestation Order or an Occupation Order.

A Pre-Nuptial Agreement can include provision for various types of assets, such as property/real estate, savings, investments, and even future inheritances. The agreement can be tailored to meet the specific financial circumstances of both parties.

The court focuses on fairness. It looks at a variety of factors including your incomes, housing needs, age, standard of living, contributions, and if you have children.

The prenuptial agreement would be tailored to your own individual needs and circumstances. That is the benefit of obtaining bespoke professional advice rather than a cheap online form. Many of our clients ask us to encompass the following matters in their agreements:

Ownership of assets/property acquired pre/post marriage in one person’s sole name
Ownership of assets/property in joint names
Ring fencing any pre-marital contributions/trust related assets/business interests
How inheritances/gifts are to be treated
Whether any maintenance will be paid by one party upon marital breakdown and, if so, for what duration and how will that be negotiated?
How will the interests of minor dependent children be met?
Will pensions be shared/nomination of death in service benefits?
Entitlement to cash savings/policies/other assets
Cars/valuable items/contents
How will debts be treated?
What will happen on the death of either party?
When will the terms of the agreement be reviewed?

A pre-nup is for couples getting married, while a cohabitation agreement is for those living together. Both set out how things like money, property and children will be handled if you separate.

A prenup is signed before you marry. A postnup is signed after. Both serve the same purpose, which is to agree on what happens to your finances if things change.

Cafcass are the Children and Family Court Advisory Support Service and they are professionals who help the courts in children proceedings.

We believe the best family solicitor is one who listens, understands your situation, and gives you clear advice. At Winston Solicitors, we’re proud to have over 3,000 five-star reviews from families across Leeds and North Yorkshire.

Deciding what happens with the children in a divorce is called the child arrangements.

These can either be decided between the parents perhaps individually or through solicitors of other dispute resolution such as mediation.

If the parents cannot agree on the child arrangements, the court may have to intervene. If the court decides on the child arrangements including where the child will live, it will consider what is in their best interests, which could include the age of the children, their needs, and preferences where they are old enough.

It will look at how their needs can be met educationally, financially, and emotionally, along with other factors. The court will make arrangements that are in the best interests of the children.

Usually, each person pays their own costs. In some cases, the court may order one person to contribute to the other's fees.

Postnuptial and prenuptial agreements are increasingly worthwhile if you have assets that you want to ring-fence/protect against any future financial claims made by your spouse/civil partner. They are like an insurance policy and can also be used to protect assets likely to be received by way of future inheritance. They can also protect your interests if you are marrying or have married/entered into a civil partnership for a second or subsequent time.

With international jurisdictions and laws at play, accurate and comprehensive documentation can prevent misunderstandings and legal complications. It is essential to provide detailed evidence of ownership, especially when dealing with foreign properties or investments.

Credit health can influence your ability to secure loans, buy property, or even establish utilities. If credit was shared during the marriage, so it is crucial to establish one’s own credit history post-divorce/dissolution.

Where a property is owned as Joint Tenants, by severing this this means the property will then be owned by the parties as Tenants in Common with specific shares.

Not necessarily. With our expertise we can ensure that your case is dealt with fairly and that long-held family plans are upheld where it is fair to do so.