Common questions
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Non-Molestation Orders automatically have a power of arrest attached as a breach of this order is an arrestable offence.
If you obtain an occupation order, you may need a power of arrest.
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Each divorce follows the same process and there is still no “quickie divorce” despite no-fault divorce being introduced on the 6 April 2022.
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Yes. It’s called a postnuptial agreement. It works in a similar way and can give you clarity at any stage in your marriage or civil partnership.
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Yes. Many people feel uncertain at first. We provide confidential advice to help you understand your situation and explore your options without pressure.
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In some cases, yes. Jurisdiction depends on factors such as habitual residence and domicile, and our solicitors can assist you to assess whether England and Wales is the appropriate forum.
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If your marriage was legally recognised in the country your marriage took place, you can commence a divorce in England if you are habitually resident or domiciled in England or Wales.
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Yes, this is called offsetting pensions and is referred to above. It is crucial that advice is sought if you are considering a pension offset and our expert team at Winston Solicitors can advise you about this.
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Not necessarily. Winston Solicitors helps business owners across the country protect their company’s where possible, while negotiating fair outcomes.
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Yes. Winston Solicitors prepare tailored pre and post-nuptial agreements that help future-proof your business interests.
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Yes, pensions can be shared in a divorce. The court may order pension sharing or offset pensions against other assets, depending on your situation. We will help you understand your rights.
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Yes, mediation and other forms of non-court dispute resolution can be very effective where both parties are willing to engage. It can reduce costs and conflict. We regularly support clients alongside mediation to ensure agreements are informed and workable.
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Yes, you can split pensions in the context of divorce proceedings and we can discuss the options available to you and assess what would be most suitable based upon the circumstances of your case.
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Yes. Joint divorce applications are now possible and can reduce conflict although care needs to be taken to ensure you have control if you need it. Sole applications can be more straightforward. Our family law team regularly supports couples who want a respectful, straightforward approach while still protecting their individual interests.
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Yes, you can. Many people want to protect future inheritance or family gifts and we can help you include that clearly in the agreement.
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Yes. A no-fault divorce does not require you to provide any reason for a divorce. You only need to confirm the irretrievable breakdown of your marriage. You do not need to lay any blame on your partner before applying, and your spouse has little room to contest it.
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Yes. A no-fault divorce is a legal process that does not require you to cite specific reasons for the divorce. Instead, you simply confirm that your marriage has irretrievably broken down. There is no obligation to assign blame to your partner when initiating the divorce proceedings, and your spouse typically has very limited grounds to contest it.
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Yes. We help parents create fair, practical plans for where children live, when they see each parent, and how decisions are made. We aim to reduce stress and avoid court where possible.
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If you have reached an agreement on your financial settlement, our experienced family lawyers can review the deal to assess its fairness. They can also draft the necessary legal documents to facilitate the creation of a binding court order, providing legal security and enforceability to the agreement.
While you have the flexibility to agree to various financial settlements, our team can guide you in evaluating whether the agreement aligns with your best interests.
It is important to note that you can only obtain a court order if the court considers that the agreement is fair, highlighting the importance of striking a balance that is agreeable to both parties involved. Our expertise ensures that your decisions are well-informed and legally sound throughout the divorce process.
When it comes to determining your financial settlement during a divorce, there is no one-size-fits-all formula. Each case is unique and is considered based on its specific circumstances.
Whether your assets are modest, or you have a high net worth, our team of the best divorce lawyers in Leeds possess the expertise and experience to provide tailored advice and help you navigate through the complexities of reaching a settlement that is fair and appropriate for your specific situation.
For an insight into your potential divorce settlement, please use our divorce calculator.
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Indeed, emotions can cloud judgment. When anger, betrayal, or grief drives decisions, one might make hasty choices that may not be financially beneficial in the long run. It is crucial to separate feelings from financial decisions, and this is where our team can be of immense support.
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Not always, but it is usually advisable. Finalising a divorce without a financial order can leave future claims open, while potentially leaving parties less protected financially. Our family law team will explain how to protect your position and the timing that best suits your situation.
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Not always. Many people reach a financial agreement through negotiation or non-court dispute resolution, but you will still need this to be approved by a Judge. If you do need to go to court, we will guide and represent you.
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It is rare to have to attend court for a divorce particularly now it is now no longer possible to defend an application for divorce save in very exceptional situations.
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Research tells us that arrangements agreed between the parties are much more likely to succeed if they are made by agreement between the parents. However, where one parent does not agree to those arrangements we can suggest alternative ways of reaching a resolution for your children for example, you may need to try mediation, arbitration or ultimately court proceedings to help you sort these arrangements.
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Most divorces do not require you to attend court. The process is largely handled through paperwork and online systems. We guide you through this so you know what to expect and when personal attendance may be required.