Frequently Asked Questions Divorce ==================================== Whether you are currently going through a divorce, thinking about filing for divorce, or reopening your case, you are likely to have lots of questions. Here are some of the questions our clients frequently ask. 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. The difference is that our specialist solicitors have decades of experience working on cases that involve substantial assets and complex or international financial structures. 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. The best divorce lawyers at Vardags can provide an accurate time frame during your free initial consultation. Yes. Vardags helps you find the best lawyer for divorce in international cases. 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. 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. 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. Costs will vary from case to case. Your Vardags solicitor will be able to provide a clearer cost breakdown during your consultation. Timeframes for a divorce differ. Rest assured that your Vardags solicitor will be able to provide a likely timeframe to you during your consultation. 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. Yes. Vardags works with clients across all areas of London and internationally. 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. 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. 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. Fees will vary from case to case. Rest assured that your Vardags solicitor will provide a cost breakdown during your initial consultation. 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. 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. 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. 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. 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. 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. 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. [FIND OUT MORE](https://vardags.com/faq/divorce/already-divorce-spouse-reopening-in-england "I'm already divorced but my spouse is trying to reopen the case in England, what should I do?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/appeal-unfair-settlement "My settlement was unfair, can I appeal?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/are-divorce-fees-tax-deductible "Are divorce lawyers' fees tax deductible?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/can-i-date-whilst-going-through-a-divorce "Can I date whilst going through a divorce?") '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. [FIND OUT MORE](https://vardags.com/faq/divorce/can-i-defend-a-divorce-petition "Can I defend my spouse's divorce petition?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/can-i-defend-myself-against-allegations-of-unreasonable-behaviour "Can I defend myself against allegations of unreasonable behaviour?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/can-i-divorce-my-spouse-if-we-live-in-the-same-house "Can I divorce my spouse if we live in the same house?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/can-my-ex-partner-move-away-with-our-children "Can my ex-partner move away with our children?") 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, party's signatures. In general, joint accounts present few problems for couples and are, as such, a favoured means of dealing with finances. [FIND OUT MORE](https://vardags.com/faq/divorce/can-my-spouse-remove-my-name-from-our-joint-bank-account "Can my spouse remove my name from our joint bank account?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/can-you-maintain-the-same-lifestyle-after-divorce "Can you maintain the same lifestyle after divorce?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/company-involved-in-divorce-of-business-partner "My business partner is getting divorced, and their spouse is trying to get the company involved in proceedings.") With no fault divorce in force since April 2022, it is now very difficult to dispute a divorce application. [FIND OUT MORE](https://vardags.com/faq/divorce/defending-allegations-of-a-divorce-petition "I have received a divorce application from my spouse but do not agree, can I defend it?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/divorce-abroad-unreasonable-settlement "I got divorced abroad and got a terrible settlement, what can I do?") 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 unnecessary delays or that your current solicitors are ineffective in speeding up the process, you may be able to escape this situation by changing solicitors. [FIND OUT MORE](https://vardags.com/faq/divorce/divorce-is-too-expensive-and-taking-too-long "What can I do if I feel like my divorce is taking too long and costing too much?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/divorce-without-a-lawyer "Can I get divorced without a lawyer?") 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 an ultra high net worth one. Does a lottery win automatically get shared as part of a financial settlement? Can you wait until the divorce is finalised before 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. [FIND OUT MORE](https://vardags.com/faq/divorce/does-a-lottery-win-get-shared-in-a-divorce "Does a lottery win get shared in a divorce?") 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. Ensuring the protection of your 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. [FIND OUT MORE](https://vardags.com/faq/divorce/does-my-ex-spouse-or-my-new-partner-inherit-my-assets-after-a-divorce "WIll my ex-spouse or new partner inherit my assets after a divorce?") The best way to ensure your assets are protected is to conduct a thorough and accurate valuation. [FIND OUT MORE](https://vardags.com/faq/divorce/ensure-assets-protected "How can I ensure my assets are protected in my divorce?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/ensure-fair-settlement "What if my spouse is greedy and the divorce settlement isn't fair?") 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 be assessed and divided when a couple divorce, any debt will need to be examined to determine who is responsible for its repayment. [FIND OUT MORE](https://vardags.com/faq/divorce/entitlement-to-take-out-loans-on-joint-accounts-without-permission-during-divorce "Can you take out loans on joint accounts without permission during divorce proceedings?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/ex-is-danger-to-me-and-children "My ex is a danger to me andor the children, what can I do?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/ex-not-paying-court-order "My ex hasn't paid me what the court ordered (and is perhaps hiding assets internationally), what can I do?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/false-allegations-domestic-violence "What if my spouse makes false allegations of domestic violence?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/file-for-divorce-outside-england "What if my spouse unfairly files for divorce outside of England?") 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... [FIND OUT MORE](https://vardags.com/faq/divorce/how-long-can-a-spouse-drag-out-a-divorce-in-the-uk "How long can a spouse drag out a divorce in the UK?") Around 80,000 divorces were granted in England and Wales in 2022, a c. 30% decline from 2021¹. 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. [FIND OUT MORE](https://vardags.com/faq/divorce/how-much-does-divorce-cost "How much does a divorce cost?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/how-soon-can-i-get-divorced "How soon can I get divorced?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/how-to-change-back-to-your-maiden-name-post-divorce "How can I change back to my maiden name after a divorce?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/how-to-file-for-divorce-in-the-uk "How to file for divorce in the UK") 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 it's 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. [FIND OUT MORE](https://vardags.com/faq/divorce/how-to-uncover-hidden-assets-during-divorce-proceedings "How do you uncover hidden assets during divorce proceedings?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/i-want-to-get-divorced-but-i-dont-know-our-finances-are "I want to get divorced but I don't know what our finances are") If you spouse's 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. [FIND OUT MORE](https://vardags.com/faq/divorce/increase-spousal-maintenance-ex-spouse-circumstances-changed "My ex-spouses circumstances have changed, can my maintenance be increased?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/invalid-marriage "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?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/living-with-spouse-during-divorce "I'm sharing a house with my spouse through the divorce, what if they make things difficult?") 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... [FIND OUT MORE](https://vardags.com/faq/divorce/occupying-the-family-home "Can I live in the family home during divorce proceedings?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/partner-selling-property-assets "What if my partner tries to sell property and assets before we get divorced?") 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 child's 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. [FIND OUT MORE](https://vardags.com/faq/divorce/protect-wealth-during-children-divorce "I have been joined to my child's divorce, how can I protect my wealth?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/protection-from-violent-spouse "How can I get protection from a violent spouse?") 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 lawyer's view on fair play? How will they effectively ensure a good lawyer/client 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? [FIND OUT MORE](https://vardags.com/faq/divorce/questions-to-ask-a-solicitor-about-divorce "What questions should I ask my divorce solicitor?") 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 partner's 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. [FIND OUT MORE](https://vardags.com/faq/divorce/reducing-maintenance-ex-spouse-circumstances-changed "My ex-spouse's circumstances have changed and I don't think they need my money, what can I do?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/reducing-maintenance-when-circumstance-change "My circumstances have changed for the worse and I think I should be paying less, what can I do?") 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. [FIND OUT MORE](https://vardags.com/faq/divorce/run-out-of-money-for-living-expenses "I've run out of money to meet my living expenses, what can I do?") It is remarkable how often we are approached by clients who are unhappy with their current solicitors or would like a second opinion. Often they have initially selected local solicitors without the requisite experience of complex cases, have a personality clash with their solicitor, or have been palmed off on junior staff without justification. We can give a second opinion without your current solicitors finding out. If you ultimately like what you hear and would like to switch, we can handle the whole process for you and you don't even need to speak with your current solicitors. [FIND OUT MORE](https://vardags.com/faq/divorce/second-opinion-divorce-switch "Im not happy with my current solicitor") We often hear from our clients that they wish they had taken advice earlier. They have been reluctant to speak with lawyers while making up their mind about whether to get divorced, to increase access to their children, or to prevent escalating domestic abuse. [FIND OUT MORE](https://vardags.com/faq/divorce/should-i-get-divorced "Should I get divorced?") Where a spouse is dissatisfied with the outcome of a case, they can appeal. To do so, however, they must have viable grounds. Judges in family law have a wide discretion to make findings of fact and rule on the distribution of assets between the parties. For a successful appeal, the court must be shown that the initial judge erred in their understanding or application of the law. It is not possible to have a re-run of the case simply because you do not like the outcome. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-appeal-divorce-settlement "What happens if my spouse appeals the divorce settlement?") Where a spouse has significant assets, they can often try to downplay their value on divorce. Attempting to hide or undervalue assets in a divorce carries serious legal consequences, as both parties are legally obliged to provide full and frank financial disclosure. If your spouse attempts to undervalue their assets, it is crucial that you seek the correct value in order to ensure you get your fair share of the marital wealth. With in-house corporate and forensic accountancy expertise, Vardags can help ensure that the valuer asks the right question and reaches the right conclusion. We will be able to trace and assess how your spouses' wealth is held and analyse the accounts to check whether they present a true portrayal of its value. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-assets-undervalued "What if my spouse's assets and income are undervalued?") When you begin divorce proceedings, it is natural to worry about how your spouse might react. From the outset of proceedings, they are under a duty to maintain the status quo - including giving you the same access to money to meet your day-to-day expenses. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-cut-off-financial-support "I'm worried my spouse will cut off financial support for me or my children.") Often people will apply for divorce proceedings in England with the aim of maximising their claim, even if this is not justified. Jurisdiction, in cases of divorce, is governed by a complex web of law, involving multiple cross-border elements. Generally, the divorce will only be heard in England if you, or your spouse, has been resident or domiciled in England. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-file-in-england "What if my spouse unfairly files for divorce in England?") Your spouse might try to stop you getting your fair share by giving assets away - transferring them to business associate or family members - or by putting them into trust. In doing this they will try to reduce the amount of money available to meet your claim. Vardags are used to such tricks and can help you protect yourself from them. If you have evidence that your spouse is going to dissipate their assets, either by spending them or moving them to other people or other countries, it is possible to obtain a freezing order. These orders freeze your spouse's assets, allowing them access to no more than they need for their ordinary living expenses. This prevents them from making any major transactions and putting their assets beyond your reach. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-giving-away-assets "I'm worried my spouse will give away assets, what can I do?") All parties in a divorce are under a duty to provide "full and frank" disclosure. This means that they have to tell you about all their assets and income. Unfortunately, some wealthy spouses think that they can hide their assets - placing them under the control of companies, or moving them offshore. Vardags are very experienced in these types of cases. Our in house forensic accountancy team can search for assets across the globe, and are experienced at understanding and unravelling complicated corporate structures. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-hiding-assets-offshore "My spouse is hiding assets in offshore bank accounts and companies, what can I do?") In high value cases, it is common for parties to have an inflated view of marital assets. In order to tackle these false perceptions, an accurate and thorough valuation of all your assets is key. With a unique team of in-house forensic accountants and well-established links with expert valuers, Vardags are adept at demonstrating the true value of shared assets and countering any excessive needs claims. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-inflating-needs "How can I prevent my spouse from falsely inflating their needs?") In the course of proceedings, maintaining the financial status quo is required as well as not doing anything that can be seen as dissipating assets. That should not, however, restrict you from making legitimate investments, as divorce should not be seen as a blanket ban on moving capital. Likewise, spouses can often apply for the extraction of cash reserves held in a business, arguing that they should be used for their claim rather than being retained for future investment. Throughout proceedings, presenting business affairs in a transparent manner will be vital in avoiding attracting suspicion or appearing in a bad light. Our in-house corporate expertise, allied with our legal acumen, will help you protect your business activities. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-interfere-business "What can I do if my spouse is interfering with my legitimate business activities?") Following the landmark decisions of Sharland v Sharland and Gohil v Gohil, it is now much easier to re-open your case if you think your partner lied during divorce proceedings. Fraudulent non-disclosure, i.e. hiding assets and lying about your wealth, can now lead to a new settlement, no matter how much time has passed. It will be up to your partner to show that their lies were not relevant to the outcome. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-lied-during-divorce-proceedings "My spouse lied during divorce proceedings, how can I reopen my case?") Since the Supreme Court decisions of Sharland v Sharland and Gohil v Gohil, the court has greater ability to re-open cases if there has been fraudulent non-disclosure. This has led to an increasing number of spouses trying to have their cases brought back to court. Often, this can be unmerited, born out of their feeling they got a bad deal, rather than actual evidence of asset hiding. Even so, an appeal can be a costly and time consuming process with you having to go to court to fight the allegations. Vardags are experienced with cases such as this, and will help you demonstrate that the original outcome was the right one. We will help you demonstrate that your previous disclosure was full and frank and that any omissions were honest mistakes and not attempts to deceive the court. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-reopening-case "My spouse thinks I lied during divorce proceedings and wants to reopen my case, what should I do?") Custody and access - more properly called "Child Arrangements" - can be emotionally fraught litigation, especially where one party is threatening the other with the prospect of denying them time with the child. The court will always look at child centric outcomes, with the welfare of the child always being paramount. The starting point will always be that the child should spend time with both parents, except in very unusual circumstances. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-restrict-access-to-children "Can my spouse restrict access to my children?") Divorcing is not easy. It can be even harder if your partner is sharing details with the press. Seeing stories about yourself can be highly upsetting, especially if they are only showing one side of the story - and even worse if that side is not true. Vardags are used to working with clients who are in the public eye and managing the publicity surrounding divorce. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-sharing-details-to-press "My spouse is sharing private details to the press, what can I do to stop them?") In a high net-worth divorce case, a party can start spending recklessly for a number of reasons. Freezing orders in family law ensure a wealthy party cannot dissipate their assets in this way. This is a form of injunction which restricts a party from spending above their reasonable needs. If they breach it, they can be fined or jailed. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-spending-during-divorce "What if my spouse starts spending uncontrollably during divorce proceedings?") Starting divorce proceedings can be frightening as well as full of uncertainty; however, as leading family lawyers, Vardags can guide you through the first steps. Being excluded from the family home is a common worry that many have. Under law, a spouse's rights include remaining living at the family home even if it is owned in their partner's sole name. This is because of a principle called "home rights", which also, when properly registered, prevents your spouse from selling the property from under you or from kicking you out. As experienced family lawyers, Vardags have experience in helping people protect their home rights, helping you remain in the family home. [FIND OUT MORE](https://vardags.com/faq/divorce/spouse-threatened-to-throw-me-out "My spouse has threatened to throw me out - what can I do?") When deciding a financial settlement, the court will consider the standard of living enjoyed by both parties while they were together. While this is taken into consideration, it is only one of many factors which are considered and the discretion of the judge will play a key role. In high net worth cases, where the family have enjoyed a very high standard of living and there are substantial financial resources, the parties' needs will be computed in a more generous way than in an ordinary divorce case. For high net worth and ultra high net worth individuals, having the best legal team on your side will ensure, where possible, you are able to maintain a similar standard of living. [FIND OUT MORE](https://vardags.com/faq/divorce/standards-post-divorce "Will I be able to maintain my standard of living post-divorce?") If both parties agree, divorce proceedings can be stopped until the court issues a final divorce order (previously called a divorce absolute). [FIND OUT MORE](https://vardags.com/faq/divorce/stopping-a-divorce "Can I stop my divorce?") Following the introduction of 'no-fault' divorce in April 2022 through the Divorce, Dissolution and Separation Act 2020, the terminology of the two key documents which are issued as part of the divorce process was updated - 'decree nisi'... [FIND OUT MORE](https://vardags.com/faq/divorce/the-difference-between-conditional-orders-and-final-orders "The difference between a conditional order and a final order") Under section 37 of the Matrimonial Causes Act, a transfer of property can be set aside if the court is satisfied that it was done to frustrate a matrimonial claim. If you have received property from a parent, it is possible that, on divorce, the other parent or step-parent might try to set it aside. [FIND OUT MORE](https://vardags.com/faq/divorce/transfer-of-property-from-parent-to-children "One of my parents transferred assets to me - now they are divorcing and the other wants to set aside the transaction") High value divorces can lead to expensive litigation, but you should not be squeezed out of getting your fair share because you do not have the money to pay your fees. Though family lawyers are not allowed to work on a "no win, no fee" basis, we can often find away to keep your case going. [FIND OUT MORE](https://vardags.com/faq/divorce/unable-to-pay-legal-fees "I've run out of money to pay my legal fees, what should I do?") If you are ordered to make payments by the court, deliberate failure so to do will be considered contempt. Disobeying orders is taken very seriously by the courts and can result in fines and even imprisonment. If you are genuinely unable to make the payments required by the award, you will need legal advice to address this before arrears mount up. If the order to which you are subject has been made very recently, it may be possible to appeal. If the judge has made a mistake about the law or facts in your case, then it may be possible to apply to the court to reassess what you are required to pay. [FIND OUT MORE](https://vardags.com/faq/divorce/unable-to-pay-order-by-court-divorce "I'm not willing or able to pay what the court has ordered, what can I do?") Your divorce is likely to impact upon your finances for the rest of your life. It is vital that you have a legal team who can trust to deal with your case effectively. If you are unhappy with your legal team, it is very easy to change to new solicitors, only requiring you to lodge a Notice of Change with the court. [FIND OUT MORE](https://vardags.com/faq/divorce/unhappy-with-current-representation "My current solicitor can't cope andor isn't really fighting for me, what can I do?") Spouses having inflated ideas about the value of assets is not uncommon in high value divorces, especially where parties have had a high-spending lifestyle. This false perception of reality can prove costly for both parties, if not kept in check. Where this is the case, full disclosure will be vital in demonstrating that there are no hidden assets while reassuring your spouse that everything has been done transparently. Equally important will be obtaining thorough valuations. [FIND OUT MORE](https://vardags.com/faq/divorce/unrealistic-view-of-worth "What if my spouse has an unrealistic view of my net worth?") If you fear violence or are subject to violence, the court can and will protect you. 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. [FIND OUT MORE](https://vardags.com/faq/divorce/violent-spouse-family-home "What if my spouse is violent or kicks me out of the family home?") Some of our clients tackle their problems head on. Others sit back and wait for their spouse to take the first step. In our view waiting is almost always a mistake. In some cases, the cost of delay can be enormous. Waiting may risk the client's spouse issuing proceedings in another jurisdiction and this can have enormous consequences for the ultimate outcome of the case (for instance, as you might imagine some countries are far less generous to the financially weaker party than the UK). [FIND OUT MORE](https://vardags.com/faq/divorce/wait-for-spouse-to-file-for-divorce "Should I wait for my spouse to file for a divorce?") Search orders, also known as search and seizure orders and Anton Piller orders, are a form of interim mandatory injunction. [FIND OUT MORE](https://vardags.com/faq/divorce/what-are-search-orders "What are search orders?") The matrimonial home is very often the main asset of a marriage and is likely to be an area of consideration both during the divorce process itself as well as what happens when it is finalised. It is not uncommon for one party to leave the family home during divorce negotiations, especially where close contact causes unnecessary tension and conflict. However, it is crucial that you obtain full legal advice before taking any steps, to ensure that you do not compromise any aspect of your divorce. [FIND OUT MORE](https://vardags.com/faq/divorce/what-happens-if-i-leave-the-family-home-during-divorce-negotiations "What happens if I leave the family home during divorce negotiations?") Where service of the divorce papers is not acknowledged by the respondent in the relevant time frame then it is always worth prompting them in case it is a genuine error or oversight. If they then fail to respond or outright refuse, other avenues will have to be considered in order to continue the divorce process. [FIND OUT MORE](https://vardags.com/faq/divorce/what-if-my-spouse-wont-sign-divorce-papers "What if my spouse won't sign the divorce papers?") Trusts are invalid if they fail to comply with any one of a number of formal requirements, such as if the settlor fails to sign the trust instrument. A trust is a sham if it is established by its purported settlor and trustees without the intention of actually creating a trust, but instead for the purpose of creating the appearance of a trust without the ensuing legal obligations. [FIND OUT MORE](https://vardags.com/faq/divorce/what-is-an-invalid-or-sham-trust "What is an invalid or sham trust?") Very often, divorce can entail an emotionally strenuous experience which, in turn, can make the proceedings particularly stressful for the parties involved. It is also not uncommon for proceedings to become acrimonious, with many sensitive factors at play such as deciding on... [FIND OUT MORE](https://vardags.com/faq/divorce/what-should-you-do-if-your-spouse-is-acting-unreasonably-during-divorce-negotiations "What should you do if your spouse is behaving unreasonably during divorce negotiations?") According to the Crime Survey for England and Wales by the Office for National Statistics, 7.7% of women and 3.6% of men were victims of domestic abuse last year. Lockdown has seen a 7% rise in this figure. It is important to note that not all abuse is physical and, as now enshrined in the Domestic Abuse Act 2021, can also take the form of emotional bullying, intimidation, financial control and other coercive behaviours. Taking the first steps towards divorce is daunting, but all the more so in the context of domestic violence. Fortunately, however, there exist a number of steps you can take to ensure your safety and interests during the divorce process. [FIND OUT MORE](https://vardags.com/faq/divorce/what-to-do-if-your-spouse-is-verbally-or-physically-abusive "What to do if your spouse is verbally or physically abusive") As a nation we love our pets. Animals often form an integral part of family life, with disputes on pet custody becoming one of the aspects of concern in divorce proceedings. We have witnessed news stories of high-profile celebrities battle out the care arrangements of these four-legged friends during their divorce, with the likes of Ant McPartlin and his ex-wife agreeing shared custody of their chocolate Labrador, whereas Johnny Depp had to relinquish custody of his and Amber Heard's dogs. [FIND OUT MORE](https://vardags.com/faq/divorce/what-will-happen-to-pets-after-a-divorce "What will happen to pets after a divorce?") There is often a lot of paperwork involved in a divorce and it can seem overwhelming to think about contacting more people about the change of circumstances. However, it is very important that you make sure that you contact all the relevant organisations that need to know your marital status to make sure all processes are correctly followed. [FIND OUT MORE](https://vardags.com/faq/divorce/who-do-i-notify-that-im-getting-a-divorce "Who do I notify that I'm getting a divorce, and what documents do I need to send?") The origin of wedding rings can be traced back to Ancient Egypt, where they were first fashioned out of reeds and placed on the fourth finger of the left hand, through which it was believed ran the Vena Amoris (vein of love) which carried a flow of blood straight to the heart. While this anatomical myth has since been debunked by modern medicine, the tradition has otherwise endured, albeit with rings of much greater value. [FIND OUT MORE](https://vardags.com/faq/divorce/who-keeps-the-rings-on-divorce "Who keeps the rings on divorce?") The default position is that everyone is responsible for their own legal costs, but there can be situations in which a party may succeed in securing the payment of their fees by their spouse. [FIND OUT MORE](https://vardags.com/faq/divorce/will-i-have-to-pay-my-spouses-legal-fees-if-we-divorce "Will I have to pay my spouse's legal fees if we divorce?")