The Solicitors in our family team offer a sympathetic ear and constructive advice and guidance on divorce, separation and finances.
The friendly family law and mediation Solicitors at Stephen Rimmer LLP are client focused and proactive lawyers who strive to reach the best outcome from our clients. Our aim is to guide you through the process of your separation providing specialist, tailored advice throughout.
Our divorce Solicitors understand that relationship breakdowns can be emotional and we are there to make the process as simple for you as possible. We will ensure your interests are protected whilst aiming for a resolution in a non-confrontational, constructive and cost effective way.
Our Family Solicitors are members of Resolution which is an association of over 5,000 Family Lawyers committed to promoting a non-confrontational approach to family law. Whilst our Solicitors will be firm in protecting your interests, when required the Resolution code of practice does assist in resolving matters in a constructive and cost effective way.
What to expect in Divorce
When a relationship breaks down there are many practical things to consider such as the arrangements for your finances and children. Whatever relationship difficulty you may be experiencing our Family Law Solicitors will advise you on the legal position, the options available to you and help you achieve the outcome you are looking for.
Even with the most amicable of divorces its to be expected that each side will wish to secure the best outcome in terms of asset sharing and contact with any children. The assets and the family structures of divorcing couples tend to be more complicated these days with many entering into second and subsequent marriages often with children from previous relationships who they wish to protect.
Division of financial assets resulting from Divorce?
Financial remedy is the process whereby the parties (or the Court in the absence of an agreement) look to determine how to distribute assets fairly following a divorce or dissolution of a civil partnership. Consideration is also given to whether or not there should be any ongoing maintenance payments.
Who can apply to the Court for a Financial Remedy Order?
Only married couples or those in civil partnerships can apply to the Court for a Financial Remedy Order and they must be in the process of, or have got, a divorce.
Unmarried couple with children are able to make a claim against the other parent for financial provision.
What is a consent order?
A consent order, is an order made by a judge in divorce proceedings, where both parties have agreed their financial settlement and consent to an order being made without the need for a court hearing. The consent order agreement will explain to the court how you intend to split assets such as money, property and savings.
The order can also include details on spousal and/or child maintenance arrangements, which enables the family court to enforce these if the maintenance is not paid. Most financial orders that are made of consent, make for a clean break order which severs all financial ties following your divorce.
If parties agree how property and money is to be divided you don’t need to complete any official paperwork or apply for a court order. However, this means that your agreement isn’t legally binding and therefore the court cannot enforce it.
An order can be applied for at the decree nisi stage of a divorce and becomes legally binding when the Decree Absolute has been granted in the divorce proceedings.
Matters to do with Children
If Social Services become involved regarding a child it can be very worrying and distressing. It is very important that you seek legal advice at an early stage by contacting an experienced child care lawyer. Our Family Law Solicitors represent parents, children, grandparents and others in disputes with Social Services. We have a number of experienced child care lawyers who are able to offer specialised legal advice in Eastbourne, Hastings or the surrounding area.
Our Solicitors are very experienced in dealing with issues of Domestic Abuse and Domestic Violence and have working relationships with a number of local Domestic Abuse support organisations in Eastbourne and Hastings.
Pre or Post-nuptial agreements
If you are planning to marry, enter into a Civil Partnership, buy property or live together, you should consider entering into a Cohabitation Agreement, Pre-Nuptial Agreement or Declaration of Trust.
It is very important to think when buying a property jointly whether it is appropriate to enter into a Cohabitation Agreement or Declaration of Trust. This will set out what you both agree should happen should issues arise which mean that you need to realise your financial assets.
Our Solicitors are ready to advise you to determine the grounds of these agreements providing practical assistance in securing the appropriate agreement to ensure that in future years very substantial legal costs, emotional distress and time may not be lost should a dispute arise as to what should happen to your assets.
The team also includes mediators providing an alternative method of resolving family law disputes.
Family Mediation is a service that helps couples deal with any or all of the questions relating to their separation or divorce in a thoughtful and co-operative way. If you and your partner are facing separation or divorce you will want arrangements for the future to be fair and workable. In all cases, particularly if children are involved, it is important that agreement is reached with the minimum of conflict and distress.