Question 1

How Do I Find the Best Divorce Lawyers for My Situation

Accepted Answer

Vardags have a proven track record in delivering the best results in high-value and complex disputes. Speak to us today and we will find the right member of our team for you.

Question 2

Whats the Difference Between Standard and Specialist High Net Worth Divorce Lawyers?

Accepted Answer

The difference is that our specialist solicitors have decades of experience working on cases that involve substantial assets and complex or international financial structures.

Question 3

What Qualities Should Top Divorce Lawyers UK Possess?

Accepted Answer

The top rated divorce lawyers at Vardags are strategic and litigious. We use our years of experience and strong judgement to deliver practical guidance and the results you expect.

Question 4

How Long Does the Divorce Process Take with a Top Divorce Lawyer?

Accepted Answer

The best divorce lawyers at Vardags can provide an accurate time frame during your free initial consultation.

Question 5

Can Vardags Divorce Lawyers Help With International Divorce Cases?

Accepted Answer

Yes. Vardags helps you find the best lawyer for divorce in international cases.

Question 6

What Should I Bring to My First Divorce Consultation?

Accepted Answer

Come prepared with any questions you have and think about what you would like to achieve from the consultation. This consultation is not just a formality. We will take the time to understand your key concerns, discuss your circumstances and get an initial overview of the relevant assets to your case. If applicable to your situation, we may discuss implications on probable jurisdiction, children, pets or any other factors important to you.

Question 7

What Sets Vardags Divorce Solicitors London Apart?

Accepted Answer

Vardags focuses exclusively on high-value matters. Our solicitors have extensive experience working for clients with complex familial and financial circumstances. When you choose us, you choose the best.

Question 8

How Do I Choose the Right Divorce Solicitor in London?

Accepted Answer

The Vardags team are experienced and infallible. We know what it takes to reach the outcomes that you deserve. We will find the right solicitor on our team for you during your free initial consultation.

Question 9

What Are the Costs of Hiring Vardags Family Divorce Lawyers City of London?

Accepted Answer

Costs will vary from case to case. Your Vardags solicitor will be able to provide a clearer cost breakdown during your consultation.

Question 10

How Long Does the Divorce Process Take With Vardags?

Accepted Answer

Timeframes for a divorce differ. Rest assured that your Vardags solicitor will be able to provide a likely timeframe to you during your consultation.

Question 11

What Should I Expect at My First Meeting With International Divorce Lawyers London?

Accepted Answer

You will talk through your circumstances with a Vardags solicitor. Then, we will offer an initial view of the options available for you and how best we think you should proceed.

Question 12

Do You Cover All London Areas or Just Central Locations?

Accepted Answer

Yes. Vardags works with clients across all areas of London and internationally.

Question 13

What Makes the Best Divorce Lawyers in London Different from Others?

Accepted Answer

Our top divorce lawyers in London operate at a level that can only be reached through years of experience handling high-profile and high-value cases. We understand the demands placed on our clients, and we work proactively and thoroughly to deliver them the best results.

Question 14

What Qualifications Should Top London Divorce Lawyers Hold?

Accepted Answer

A top divorce solicitor should not only be qualified, but also have the proven experience and acumen required to deliver results at the highest level. That is what you get when you choose Vardags.

Question 15

Do the Best Divorce Lawyers in London Handle International Assets?

Accepted Answer

Yes. Vardags solicitors are familiar with managing cases involving overseas properties and international business interests. We know how to navigate international requirements and cross-border living arrangements.

Question 16

How Much Do the Best Divorce Lawyers in London Typically Charge?

Accepted Answer

Fees will vary from case to case. Rest assured that your Vardags solicitor will provide a cost breakdown during your initial consultation.

Question 17

What's the Success Rate of Vardags' Top Divorce Lawyers?

Accepted Answer

Vardags has a reputation for getting favourable outcomes in complicated and high-profile cases. This is supported by years of professional recognition and our client endorsements.

Question 18

How Quickly Can Vardags' London Divorce Lawyers Respond to Urgent Matters?

Accepted Answer

Vardags is equipped to respond swiftly. Clients can count on timely correspondence and fast action when required. Our team is used to managing pressure and providing support when it's needed the most.

Question 19

Why should I consult high net worth divorce solicitors rather than general practitioners?

Accepted Answer

High net worth cases rarely have straightforward financial environments. Our specialised solicitors have experience with complex ownership structures and possess the strategic vision required for high-value results. We are aware of the dynamics involved in substantial personal wealth. The demands of UHNW separations are nothing new to Vardags solicitors. We recognise that in these situations, confidentiality and prompt decision-making are what is needed. Although general practitioners may excel at routine tasks, high-value work necessitates the precision and experience of a specialised team, which is where we come in.

Question 20

Why should I consult high net worth divorce solicitors rather than general practitioners?

Accepted Answer

High net worth cases rarely have straightforward financial environments. Our specialised solicitors have experience with complex ownership structures and possess the strategic vision required for high-value results. We are aware of the dynamics involved in substantial personal wealth. The demands of UHNW separations are nothing new to Vardags solicitors. We recognise that in these situations, confidentiality and prompt decision-making are what is needed. Although general practitioners may excel at routine tasks, high-value work necessitates the precision and experience of a specialised team, which is where we come in.

Question 21

What types of assets do high net worth divorce solicitors UK typically handle?

Accepted Answer

Our specialised solicitors frequently provide advice on issues related to: Inherited wealth Luxury investments Foreign real estate Major corporate interests Vardags solicitors understand that assets like these involve layered structures that need to be carefully examined. We have years of experience working with private businesses and trusts, or investment portfolios, as well as personal assets like special holdings or collections. This is nothing new to us. We can handle cases that involve assets like these with the clarity and skilled professionalism that is required.

Question 22

Do UHNW divorce lawyers offer confidential consultations?

Accepted Answer

Our top UHNW divorce lawyers provide private consultations while maintaining client confidentiality. We know that confidentiality is the most important thing; that's why all communications are handled with tact. Alternative contact methods are available for added discretion, too.

Question 23

I'm already divorced but my spouse is trying to reopen the case in England, what should I do?

Accepted Answer

Unlike many other countries, England allows people to apply for financial remedies even if they are already divorced in another country. Often spouses will use this power, Part III of the Matrimonial and Family Proceedings Act, to try to re-open the case and get more money. Part III applications are complicated, and they should not be seen as a simple chance to get a second go. It is only available where no, or no adequate provision has been made and is likely to be largely limited to what your spouse reasonably needs. That said, the court has a broad discretion in the award it makes.

Question 24

My settlement was unfair, can I appeal?

Accepted Answer

If you feel you should have got more from your divorce, it may be possible to appeal your case. A successful appeal may well lead to a higher award or to increased maintenance. To appeal against a financial order, you will need to show that the judge was wrong in the way the final decision was reached. As experienced family lawyers, the legal team at Vardags will help you prepare your case for appeal. We will review the initial judgment and advise you whether it is possible to appeal. The dynamic approach our lawyers take meant that we are used to challenging judgments and working to change the law we will help you put forward innovative arguments in support of your appeal.

Question 25

Are divorce lawyers' fees tax deductible?

Accepted Answer

A tax-deductible expense is a deduction that lowers a person's (or organisation's) tax liability. This means that the tax you would usually be charged on that service is removed. To qualify, the expense has to be 'ordinary, necessary and reasonable'. It is commonly asked whether divorce lawyers fees are tax-deductible. The simple answer: probably not.

Question 26

Can I date whilst going through a divorce?

Accepted Answer

One positive aspect for some parties going through a divorce is the fact it results in the ability to take those first exciting steps towards moving on and starting afresh.Inevitably, this includes the opportunity to date and, potentially, find a new partner. Legally, you can date during the divorce proceedings, however, exist a number of legal and practical considerations to bear in mind.

Question 27

Can I defend my spouse's divorce petition?

Accepted Answer

No-fault divorce was introduced by the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022. This means that only one party needs to state that the relationship has permanently broken - there is no need to provide evidence or cite any specific reasons why. Furthermore, a divorce can now only be contested in extremely limited circumstances: if the party has filed for divorce in the wrong jurisdiction or if the marriage is invalid.

Question 28

Can I defend myself against allegations of unreasonable behaviour?

Accepted Answer

Following the introduction of no-fault divorce in April 2022 through the Divorce, Dissolution and Separation Act 2020, parties no longer need to assign fault for the breakdown of the marriage or separate for at least two years. Now, it is only necessary for one party to state that the relationship has permanently broken down. It is hoped that this will make the divorce process less acrimonious.

Question 29

Can I divorce my spouse if we live in the same house?

Accepted Answer

The short answer is yes. There are various reasons why one might wish to remain living in the same house as their spouse whilst undergoing divorce proceedings. It may be that matters remain amicable between the pairing, a sense of 'normality' is being attempted for the sake of children, or more likely due to financial necessity, especially if the home needs to be sold before the parties can move into separate properties. These are all legitimate reasons to remain cohabiting, however, it is important to note that certain statutory rules and common practices exist that prevent a divorce being granted if two spouses are still living together as a couple in the same property.

Question 30

Can my ex-partner move away with our children?

Accepted Answer

This article will address the extent to which a parent can move their child away from the other parent without their consent. A distinction will be made between moving the child to another part of the UK, as well as moving abroad. It should be noted from the outset that whether the parties have ever been married or in a civil partnership is immaterial for the purposes of relocation of the child. The important factor is whether the parent seeking to prevent the relocation has parental responsibility.

Question 31

Can my spouse remove my name from our joint bank account?

Accepted Answer

It is common for couples to share in the responsibility of handling their finances, which is why many opt to open to a joint bank account to facilitate this. This account can be set up so that transactions require either one, or both, partys signatures. In general, joint accounts present few problems for couples and are, as such, a favoured means of dealing with finances.

Question 32

Can you maintain the same lifestyle after divorce?

Accepted Answer

Divorce is often a life-changing event, as individuals - who once shared earnings, assets, and even children - navigate new lives independent of one another. In this respect, one may wonder whether it is indeed possible to maintain the same lifestyle after divorce, especially in high-net-worth cases, where the parties may have enjoyed a very high standard of living throughout the marriage and that will require significant assets to sustain. The parties standard of living will be considered by the courts, but this does not mean that the same standard of living is guaranteed.

Question 33

My business partner is getting divorced, and their spouse is trying to get the company involved in proceedings.

Accepted Answer

When an entrepreneur gets divorced, their spouse can sometimes try to get their company joined to proceedings. In doing so, they might be trying to extract cash from the business or dispute how it is owned and held. If you find yourself in this situation, you may well want to make representations to the court. Vardags, with our corporate understanding and family law expertise, are well placed to advise you. Our in-house forensic accountancy team can help you produce realistic arguments about the value, ownership, and liquidity of the business, whilst understanding the aims and procedure of the family courts.

Question 34

I have received a divorce application from my spouse but do not agree, can I defend it?

Accepted Answer

With no fault divorce in force since April 2022, it is now very difficult to dispute a divorce application.

Question 35

I got divorced abroad and got a terrible settlement, what can I do?

Accepted Answer

In many countries, a couple can divorce with little or no financial support being given to the poorer party. Sometimes, you might not even know about the divorce until it has already been finalised. That does not prevent you from seeking the support of the English courts. Under Part III of the Matrimonial and Family Proceedings Act, the English court can make a financial award for where there was no, or no adequate provision in overseas proceedings.

Question 36

What can I do if I feel like my divorce is taking too long and costing too much?

Accepted Answer

Sometimes litigation can get bogged down in a costly mire. The case can drag, whilst endless correspondence pushes up solicitors costs. If you feel like your divorce has been plagued by unnecessarydelaysor that your current solicitors are ineffective in speeding up the process, you may be able to escape this situation bychanging solicitors.

Question 37

Can I get divorced without a lawyer?

Accepted Answer

The legal fees of a top divorce lawyer can seem expensive, but it may be the best investment you ever make. When it comes to divorce, your entire asset base will be part of the dispute, and your fees will likely be only a small percentage of this.

Question 38

Does a lottery win get shared in a divorce?

Accepted Answer

The thrill of a lottery win can be quickly tarnished when divorce is involved and there is the prospect of having to share it with a previous partner. If there is a large win, the resulting financial settlement will likely comprise anultra highnet worth one. Does a lottery win automatically get shared as part of a financial settlement? Can you wait until the divorce isfinalisedbefore cashing in to avoid having to share with someone you no longer want to be with? The answer is it depends on the circumstances of the win.

Question 39

WIll my ex-spouse or new partner inherit my assets after a divorce?

Accepted Answer

People that have gone through a divorce may wonder what will happen to their assets if they meet a new partner- does their former spouse inherit or their new partner.When going through a divorce it is very easy to overlook the impact it can have on other issues, for example your will.Ensuringtheprotection ofyour assets should be a key consideration following any important life changes such as marriage or divorce.By keeping your will valid and up to date also ensures that your wishes will be honoured.

Question 40

How can I ensure my assets are protected in my divorce?

Accepted Answer

The best way to ensure your assets are protected is to conduct a thorough and accurate valuation.

Question 41

What if my spouse is greedy and the divorce settlement isn't fair?

Accepted Answer

As the court has wide powers when making financial awards, it is vital that you set out the proper values of your assets so you can define your spouse's entitlement.

Question 42

Can you take out loans on joint accounts without permission during divorce proceedings?

Accepted Answer

For most people, debt is something that they will incur to enable them to buy larger purchases such as cars and homes, as well as sometimes for everyday spending. In the same way that assets need to beassessed and divided when a couple divorce, any debt will need to be examined to determine who is responsible for its repayment.

Question 43

My ex is a danger to me andor the children, what can I do?

Accepted Answer

If you fear violence or are subject to harassment the court can and will protect you, even after your divorce. For victims of domestic abuse (be it physical, verbal or emotional harm) the court can make non-molestation orders and occupation orders each giving you comprehensive legal protection. Non-molestation orders (non-mols) are designed to protect your from harassment. Normally, they will prevent your ex-partner from harassing you and threatening you with violence. Sometimes they will bar them from contacting you directly and from going near you.

Question 44

My ex hasn't paid me what the court ordered (and is perhaps hiding assets internationally), what can I do?

Accepted Answer

If your partner is breaking an existing order, there are numerous ways of enforcing it. The court can divert a portion of their salary directly to you (garnishee order), give you a charge over property or shares or even transfer bank accounts over to you. If your partner willfully and deliberately refuses to satisfy an order, this can amount to contempt the court can fine and even jail them for this.

Question 45

What if my spouse makes false allegations of domestic violence?

Accepted Answer

Though uncommon, false allegations of domestic violence can be extremely distressing. As leading family lawyers, Vardags can defend such claims while putting forward your case. Where false allegations are made before the court, the consequences can be very serious. Under an occupation or non-molestation order you could be removed from your home or arrested by the police.

Question 46

What if my spouse unfairly files for divorce outside of England?

Accepted Answer

London is known as one of the fairest locations for a less-wealthy spouse to bring a divorce. In many other countries, a spouse will receive little or no payment at the end of a marriage. If you want your fair share, it may be vital that your case is heard in England. Jurisdiction in relation to divorce is governed by a complex web of English, European, and international law. Generally, you will only be able to get divorced in England if you, or your spouse, has been resident or domiciled in England. If there is more than one European country in which you are able to get divorced, the correct jurisdiction will be determined by where the proceedings are started first. If the jurisdiction is disputed between England and a non-European country, the court will consider which country is the most suitable to hear the dispute, considering where the assets are located and the previous lifestyles of the parties.

Question 47

How long can a spouse drag out a divorce in the UK?

Accepted Answer

Divorce is often an emotionally intense period and can be one of the most challenging experiences in a person's life. The process can become particularly complicated if you and your spouse are not in agreement, which can cause additional delay. Overall, the timeline for a divorce in the UK can vary significantly based on the unique details of each case. However, if you are concerned that your spouse may attempt to unnecessarily drag out your divorce, it is important to note that under the current law, opportunities to intentionally cause delay are now more limited. If you are considering or going through a divorce and your spouse is delaying the process, we can help. Click below for a free initial consultation with one of our expert divorce solicitors. button:red|BOOK MY FREE CONSULTATION|https:vardags.comcontact Fortunately, under the new and widely welcomed no-fault divorce law, spouses can divorce without assigning blame, promoting a quicker path to divorce. Not only this, but the new law has removed the ability to contest a divorce, and the sole ground for divorce is now the irretrievable breakdown of the marriage. Divorce may now only be disputed based on jurisdiction or the validity of the marriage. As a result, there is less scope for spouses to drag out divorce. How long your divorce will take to finalise depends on various factors, but it is important to be aware of the mandatory waiting periods which form part of the divorce process. The new divorce law has established a mandatory wait of 26 weeks from the time of applying for a divorce to being able to obtain a final divorce order, designed to give spouses time to consider their decision and if possible, agree on matters such as a financial settlement and child arrangements, without the pressure of a rushed timeline. Unfortunately, there are some ways in which the divorce process can drag out past the 26-week period, which will be explored below: Financial settlements Finances are one of the most common reasons for delays in the divorce process and often push the divorce timespan to much longer than 26 weeks. The division of matrimonial assets, and debts, can be highly complex. Furthermore, agreeing how such assets should be shared is often difficult. When parties cannot reach an agreement, mediation, solicitor negotiation, or a court order may be required. Even where parties can reach an amicable agreement between themselves, divorce proceedings may take longer if complex wealth and asset structures are involved. In such divorces, expert evidence may need to be sought to obtain an accurate valuation of the assets, which may contribute to a delay in finalizing the divorce. Furthermore, both parties are expected to provide full and frank disclosure of their assets. Failure to do so will often delay divorce proceedings, as the tracing and uncovering of hidden assets can be extremely difficult and time consuming. The family courts in the UK are also facing significant backlog, exacerbated by the Covid-19 pandemic. Therefore, how busy your local family court is will also affect how long it takes for your divorce to be finalised. Couples are increasingly opting for private hearings to avoid court delays. Although financial remedy proceedings are separate and distinct from divorce proceedings (and it is entirely possible for a divorce to be finalised without the financial position on divorce having yet been resolved), the standard practice is to wait until the financial remedy proceedings have concluded before finalising the divorce (namely, obtaining a final divorce order). Matters involving children Another common reason for prolonged divorce proceedings is disagreement over matters pertaining to children. Upon separation or divorce, spouses will usually need to determine issues such as where the children will live, how parental responsibilities will be shared, and the financial aspect of meeting the children's needs. If parents cannot come to an agreement themselves, a court order may be needed. The length of the proceedings will depend on the complexity of the situation; however, it is not unusual for cases to take over six months. Like with financial remedy proceedings, disputes concerning children are also affected by the backlogs faced in the family court. Due to this, parents are increasingly turning to private hearings. Where children are involved, divorces can be even more emotionally challenging. Given that even the most amicable of children matters can take a significant amount of time, it is important that both parties do what they can to ensure that proceedings are not unnecessarily delayed, to mitigate any negative impact on the children involved. However, as children proceedings are separate from divorce proceedings, they do not act as a bar to a party wishing to obtain a final divorce order (provided the minimum stipulated timeframes for a divorce have been complied with). Lack of cooperation Unfortunately, some spouses deliberately extend the divorce process by being unresponsive or using tactics to delay proceedings. This can significantly prolong the divorce process. In England and Wales, a party must be notified when their spouse has filed for divorce. If divorce proceedings are initiated by one party, their spouse will be sent a copy of their divorce application (either via the court or via solicitors if solicitor service has been elected), and they must respond within 14 days. If they fail to respond within this time, divorce proceedings may continue if the court determines that the application was received (service may be deemed). A common tactic for those attempting to frustrate or delay divorce proceedings, is to claim they did not receive the application. However, solicitors may arrange for a process server to deliver the papers to them personally to provide proof of receipt or a party may ask for a court bailiff to personally serve the papers and may subsequently seek to claim the costs of having to do so from the other spouse. Parties may also employ various tactics to delay financial remedy proceedings, which can be incredibly frustrating for their spouse and anyone else involved and it can have a knock-on effect for the parallel divorce proceedings. However, there is action that the court can take against the non-complying spouse to punish and discourage this behaviour, as discussed below. The consequences of intentionally delaying divorce proceedings A party may intentionally delay or drag out divorce and financial remedy proceedings for various reasons. They may not wish to divorce, they may be attempting to hide or dissipate their assets, or they may want to cause their spouse emotional distress. However, there are various consequences for those who engage in this behaviour, such as: Costs orders: where a party is found to have intentionally frustrated or delayed divorce or financial remedy proceedings, they may be ordered to pay their spouse's legal costs Adverse inferences: if parties fail to provide full disclosure of their assets, the court may infer that they have more financial resources than they have disclosed and order them to pay a sum more than they allege to be able to afford Hadkinson orders: if a party breaches a court order, a Hadkinson order can prevent them from making other applications to the court and from being heard in proceedings before the existing court order is complied with Contempt of court: if a party's behaviour impedes or prejudices financial remedy proceedings, e.g. by making false statements, hiding assets, or ignoring court orders, they may be found in contempt of court and fined andor imprisoned (imprisonment will be a last resort) Vardags' team of top divorce lawyers delivers a bespoke legal service to HNW and UHNW individuals, their families, and businesses. We fight to deliver the results our clients need by adopting an innovative, solution-driven approach. With almost two decades of experience handling complex divorces and family law issues, we understand the importance of having the right lawyers by your side. If you think you need our help, don't delay. Contact Vardags today.

Question 48

How much does a divorce cost?

Accepted Answer

Around 80,000 divorces were granted in England and Wales in 2022, a c. 30% decline from 2021. This marked reduction in divorce rates is the consequence of a number of intersecting variables (including the no-fault divorce laws which came into action in April 2022. But, undoubtedly, the cost of a divorce within an increasingly difficult economic context is changing the decisions of thousands of couples.

Question 49

How soon can I get divorced?

Accepted Answer

There is a common misconception that a quickie divorce is possible in this country. Divorcing couples should also be careful about the exaggerated claims made by companies offering fast DIY divorces. However, even uncontested and uncomplicated divorces will take at least four to six months to finalise. The exact length of time depends on various factors and the particular circumstances of the case.

Question 50

How can I change back to my maiden name after a divorce?

Accepted Answer

When a couple gets divorced, it can be assumed that the married name will automatically revert to the maiden name once the process has been finalised. However, this is not the case and there are set processes in place that have to be followed.

Question 51

How to file for divorce in the UK

Accepted Answer

If a person meets the required criteria, they can file for divorce if their marriage has irretrievably broken down. Following the introduction of no-fault divorce in April 2022, there is no requirement to show fault or blame.

Question 52

How do you uncover hidden assets during divorce proceedings?

Accepted Answer

During the process of divorce, one of the elements is the exchange of information relating to finances, known as disclosure. This is done in order to determine what a fair division of the assets will be. However, there are instances where one or both of the parties conceal or misrepresent deliberately the value of their assets. Should it be the case that certain assets are not included during disclosure, it cannot be divided, even if its the case that it is later discovered it is likely already be disposed of. These kinds of assets are known as hidden assets and should either party be discovered to be hiding assets, the court will take serious action against them.

Question 53

I want to get divorced but I don't know what our finances are

Accepted Answer

When it comes to parties seeking a divorce, it is not uncommon for one party to be unaware of the true extent of their joint finances, that of their spouse or indeed their own. This is often the result of one spouse in the relationship controlling the finances in their entirety. However, while this may work when the couple are together, when the relationship ends, the party that is unaware of the marital finances may feel vulnerable and anxious, unsure as to whether they will receive a fair share of the couple's assets.

Question 54

My ex-spouses circumstances have changed, can my maintenance be increased?

Accepted Answer

If you spouses income has increased significantly and you receive ongoing maintenance, you can argue that the amount paid to you could also go up. This will often be informed by what your income needs are, but the court may even order a surplus above what you need. If your ex has increased their capital wealth substantially, it may be possible to capitalise these payments ending your monthly reliance on your spouse.

Question 55

I'm worried my spouse will argue that we are not properly married, e.g., that an Islamic marriage is not valid, what can I do?

Accepted Answer

Sometimes a spouse will argue that a marriage was not valid, and so there can be no divorce. If your wedding was in England, this will generally be easy to assess as English law lays down strict licencing requirements for wedding venues. In other countries, for example with Islamic marriages, things can be far more complicated. Generally if you can demonstrate that your marriage was registered with the local authorities, the English court will accept it as valid, allowing you to proceed with a divorce.

Question 56

I'm sharing a house with my spouse through the divorce, what if they make things difficult?

Accepted Answer

If you carry on sharing a house with your spouse during a divorce, they must treat you with respect and not make life more difficult for you. They cannot restrict your financial freedom, nor can they harass you or pressure you psychologically.

Question 57

Can I live in the family home during divorce proceedings?

Accepted Answer

In many divorce cases, the matrimonial home is one of the key assets to be taken into consideration when sorting the financial matters arising from a relationship breakdown. We are often asked by our clients whether they can continue to live in the family home during divorce proceedings. The simple answer to this question is yes. Married couples have the right to occupy their family home unless a court order, known as an occupation order, states otherwise. These orders, which can be made under section 33 of the Family Law Act 1996, determine who can live in the family home or specific parts of it and can require the other party to leave. In some cases, an occupation order can also exclude a person from the surrounding area of the home. An occupation order may last indefinitely, or the court may set out that it should last for a defined period or until a specified event occurs (e.g. once the divorce is finalised). In some situations, spouses may agree to continue living in the family home until the divorce is finalised or the property is sold or transferred. In other cases, it may be more practical for one party to move out, either temporarily or permanently. If you are married, even if the family home is owned solely by one spouse, the other spouse has the right to live in the property due to their marriage. They can register a home rights notice against the property's title, protecting their right to live there despite not having a legal interest in the property. This notice also alerts potential buyers to their interest, preventing an onward sale. To apply, a HR1 form must be submitted to the Land Registry; there is currently no fee to make such an application. The family home can be treated very differently from other assets that the spouses own, and factors such as who the legal owner is can have limited significance. You can read more about the matrimonial home on divorce by clicking here. Would moving out impact my divorce settlement? Many people worry that leaving the family home after a relationship breakdown will affect their divorce settlement. However, this is not true. Moving out of the family home does not eliminate your legal interests in the property. The home will still be considered a matrimonial asset and will be subject to division during the divorce settlement. If you have left the property temporarily, you have the right to re-enter the property and resume living there. Furthermore, neither party should change the locks without the other's consent, unless a court order provides otherwise. If you're considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors. button:red|ENQUIRE NOW|https:vardags.comcontact

Question 58

What if my partner tries to sell property and assets before we get divorced?

Accepted Answer

If you are involved in divorce proceedings and you have concerns that your partner may sell property and other assets, Vardags experienced team can help you make an application to court. An injunction can prevent your partner from disposing of property both in the UK and abroad. In effect, the injunction freezes property, so that it is protected. We can provide swift and sensitive advice to help you act quickly, before it is too late.

Question 59

I have been joined to my child's divorce, how can I protect my wealth?

Accepted Answer

Sometimes a wealthy parent can be joined to divorce proceedings, for example if they have a history of making large payments to their child, or if they are likely to be the one who meets the order. If this happens to you, you will want to protect your wealth and minimise the amount you might have to pay to your childs spouse. The involvement of third parties is very fact specific, but as experienced family lawyers, Vardags will help you minimise the cost of your involvement.

Question 60

How can I get protection from a violent spouse?

Accepted Answer

If you fear violence or suffer from it, the court will protect you. For victims of domestic abuse (be it physical, verbal or emotional harm) the court can make non-molestation orders or occupation orders, each giving you comprehensive legal protection.

Question 61

What questions should I ask my divorce solicitor?

Accepted Answer

Ensuring that you have a lawyer that has both the specialist skills, knowledge and experience is something that you want to clarify in your initial questions with your solicitor. The areas you want to clarify are: How experienced is the lawyer in family law, particularly divorce law? Have they dealt with cases that have similar circumstances that are relevant to your case? How credible is the firm that the lawyer works for? A What is the lawyers view on fair play? How will they effectively ensure a good lawyerclient relationship especially when dealing with situations where emotions can be running high? How frequently they will update you on your case? Whether it will be one person with overall control and as a contact point?

Question 62

My ex-spouse's circumstances have changed and I don't think they need my money, what can I do?

Accepted Answer

If your ex has increased their own earnings or is cohabiting with a new partner, it may be possible to reduce the amount of maintenance you pay to them. Ongoing maintenance will always be informed by your partners needs. If those needs change, or they are able to meet them from other sources, then it may be possible to apply for a downward variation of the payments you make.

Question 63

My circumstances have changed for the worse and I think I should be paying less, what can I do?

Accepted Answer

When you divorce, any maintenance order will be based one what you are earning at the time. For whatever reason, you might not always be earning at that level. Whether it is due to a downturn in your business, ill-health or retirement, you might find that the maintenance payments are taking a disproportionate amount of your income. If that is the case, you can ask the court for a downward variation of your maintenance.

Question 64

I've run out of money to meet my living expenses, what can I do?

Accepted Answer

If your spouse has stopped supporting and you are struggling to meet your daily expenses, Vardags can help. It is possible to apply to the court for your spouse to provide you with interim maintenance, also known as maintenance pending suit. Here the court will look at your short term income needs and will order your spouse to make payments to meet them. If such an application is required, your spouse might also be ordered to pay your legal costs relating to it.

How can I ensure my assets are protected in my divorce?

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