Divorce Law - Judith

Going Through a Divorce? Get Expert Legal Support

Trusted & Confidential Advice from Expert Solicitors

Going Through a Divorce? We’re Here to Help You Move Forward.

Divorce is one of life’s most difficult chapters – emotionally, financially, and legally. First steps or final stages, you don’t have to go through it alone, our experienced divorce solicitors offer expert advice with compassion, confidentiality, and clarity.

Whether it’s keeping you informed of your options or providing you with robust and tenacious representation in negotiations, understanding your options and having the right Solicitor can make a world of difference to your outcomes.

Compiled by Prosperity’s expert family law team, the following list of Frequently Asked Questions outlines where you might benefit from legal advice, and why preparation and proactivity in many circumstances, is key.

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Key things to know

How do I protect myself financially in the case of divorce?
The first step in protecting yourself financially in the case of divorce is to fully understand the process and stance of the court. In the eyes of the court here in England and Wales, marriage is viewed as a partnership. The role of the court is to identify the value of assets built up during the course of the marriage – whether that’s property, businesses, or in trust. Generally speaking, the work of one party in running a home is given equal importance as work outside of the home, meaning a 50/50 split of agreed assets is the starting point for most negotiations.

From that starting point, proceedings will consider contributions of each party, the length of your marriage, how the wealth was created – but the outcomes are largely determined by the strength and ability of your legal team and receiving the correct divorce advice. Finding the right representation – as early as possible – is your best method of protecting yourself financially.
What do I do if I suspect my spouse is undervaluing their business or assets?
The first thing to do is raise this concern with your legal team. Both you and the other party are required to provide “full and frank” disclosure throughout the duration of divorce proceedings. By not being honest and open about all details that relate to your case – whether they’re damaging for your case or not – you risk severe financial penalties from the court.

Your Solicitor can investigate your claims and advise on the best course of action. It might require further investigation by a specialist team to ascertain the true value of assets and, indeed, whether all have been declared.
I’m going through a divorce but not satisfied with my representation. Can I change Solicitors?
I’ve been through a divorce but I’m still unhappy with the outcome. What can I do?
For many, a divorce settlement marks an end and a new beginning simultaneously, but for some the dissatisfaction of the settlement continues, and becomes more difficult to cope with in the years after said divorce.

Perhaps you want an increase in maintenance money from your spouse, or you have new information that suggests your spouse has not disclosed certain assets in the divorce process – whatever the scenario, you should speak to a Solicitor to assess the options available to you.

Your Solicitor can then help you to demonstrate and evidence your financial needs as well as your ex-spouse’s ability to pay them. Prosperity’s team are skilled in ascertaining the very best outcomes for clients – no matter how challenging the case.
I’ve been asked to sign a pre-nuptial or post-nuptial agreement. Should I sign it?
These types of agreement set out how your assets are owned during your marriage, and who’s entitled to what in the event of a divorce. While a pre-nuptial agreement is signed before you marry, a post-nuptial agreement is one you’re asked to sign after you’re already married.

These agreements are often useful in giving clarity to both parties about who has ownership over what – for the duration of the marriage as well as in the event of divorce. But it’s vital that both parties fully understand the entirety of the document and its applications. They are usually highly binding – so get it checked thoroughly by a trusted Solicitor before you sign on the dotted line.
I’m not getting divorced, but my marriage is struggling. How do I protect myself in the future?
If you’re looking for certainty and protection whilst still working on your marriage, a post-nuptial agreement may be the best option for you. It’s often easier to agree these details whilst relations between you and your spouse are still amicable, and more difficult to agree during the emotional turmoil of divorce.

By putting a post-nup in place, you and your partner can agree on what will happen to your combined assets in the case of divorce. That said, negotiating a post-nup can be a difficult task – and raise sensitive topics for discussion, between both parties. Having the assistance of Solicitors on both sides can help by providing objective, fact-based guidance as well as support for both parties.

Here when you need us most

We know that going through a divorce can be one of the most emotionally difficult times in your life, and finding time to deal with it during working hours isn’t always easy. While our office hours are Monday to Friday, 9am–5.30pm, we’ll always do our best to work around your schedule. If you need to speak outside those hours, just let us know – we’re here to support you, not add more stress.

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unhappy man and woman facing away from each other

A clear, three-step roadmap to peace of mind

Step 1 – Initial consultation

We’ll arrange a meeting to discuss your case, options, and answer any questions you have.

Step 2 – Advice

You’ll receive written advice summarising the legal issues and your next steps.

Step 3 – Progress

The third step is to make positive progress in your matter but only when you are comfortable and ready.

Frequently Asked Questions

How long does a divorce take?
Usually an uncontested divorce process about four to six months to complete. This is mainly due to the court turn around times. Any issues to do with the children or finances could take longer, often between six and twelve months. It is always worth seeking the advice of a family law specialist to ensure that the process is fully and properly completed and that you have fully investigated the financial implications involved.
Will I have to sell my house on divorce?
Whether or not the family home has to be sold will depend on the facts of your case. In most cases one of the concerns is how everyone (including the children) are to be accommodated. The parties will eventually separate and where there was one home there will then be two. This can mean that the family home is sold and the net proceeds of sale are divided so that everyone can find a new home. This does not necessarily mean, however, that there will be an equal split of the money. We can provide you with advice in relation to the finances. Much depends on everyone’s needs and what is in the matrimonial pot. It may also be possible to postpone the sale of the family home until the children have left home or to offset the family home against other assets (including pensions) so that the property can be retained. Legal advice should be obtained to see what relevant options are available
Can I get help to pay a mortgage and bills?
This can be an immediate concern when a relationship breaks down. The focus should be to agree a level of interim maintenance to ensure that the mortgage and bills are paid. Sometimes tax credits become available which can supplement a person’s income. However, if an agreement cannot be reached then you do have the right to apply to a court (through a divorce) for interim maintenance and/or to apply to the Child Maintenance Service for child support maintenance. Seek advice from us and we can help to make any necessary applications for you.
What am I entitled to on divorce?
No two cases are ever the same and a 50/50 split is not always appropriate. It is also important to see what is financially at stake, to check that all of the assets and income have been disclosed and that the valuations are accurate. When considering the financial issues [hyperlink], a court is guided by a number of factors to include: the welfare of any minor children income, earning capacity, assets and financial resources financial needs, obligations and responsibilities standard of living age of each party and the length of the marriage health of each party contributions (financial and non-financial) conduct loss of certain rights It is important that specialist family law advice is obtained to consider these points and so that the financial outcome is both fair and reasonable. We will always ensure the best possible outcome for you.
What will I be entitled to as part of the separation agreement?
This depends on your individual situation and on what you can actually agree. The separation agreement itself will outline your entitlement to assets and responsibilities, property, personal effects, financial assets, joint debts, child maintenance, ‘lump sum’ payments, and the provision for divorce. This states that both parties agree and aims to reach a settlement on how assets are divided and implemented.
What if my husband or wife will not disclose their finances?
It is important that there is full disclosure of the family’s finances and from both parties. Normally a request is made for voluntary financial disclosure. This includes details of all assets (including business interests), liabilities, income, outgoings and pension provision together with documents in support. Where a party refuses to do this then you are entitled (through a divorce) to make a financial application. The Court will then automatically set a court timetable for certain tasks to be completed. One of those tasks is the preparation and exchange of financial information in a form called ‘Form E’. You are then entitled to consider the financial disclosure and prepare relevant questions if you and your solicitor feel more information or clarification is needed.
What should I do in preparation for my meeting with my family law solicitor?
Good preparation will help you. Some useful points to consider are: Prepare a short chronology of your relationship noting any relevant dates and events Prepare a summary of assets, liabilities and income of the family’s finances as best you can. Prepare a list of any questions or points you wish to raise or which are a concern for you This will allow your family law solicitor get to grips with the relevant issues straightaway; it will also save time and allow you to get the most out of your first meeting. At the end of the meeting you can consider your list of questions and raise any points which may not have been dealt with. You can also ask your solicitor to summarise (in writing too) the points of advice and the next steps to take. It is important that you are able to form a working relationship with your solicitor and that you can work together as a team.

Contact Our Solicitors

Book Your Initial Discreet Consultation with our Divorce Solicitors Today

Judith O'Brien

Partner, Family Law

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Divorce Law - Judith

Going Through a Divorce? Get Expert Legal Support

Trusted & Confidential Advice from Expert Solicitors

Going Through a Divorce? We’re Here to Help You Move Forward.

Key things to know

Here when you need us most

A clear, three-step roadmap to peace of mind

Step 1 – Initial consultation

Step 2 – Advice

Step 3 – Progress

Frequently Asked Questions

Book Your Initial Discreet Consultation with our Divorce Solicitors Today

Judith O'Brien

What our clients say

We’d love to hear from you! Send us a message using the form opposite, call us or follow us for the latest updates.

Manchester
0161 667 3686

Mon-Fri 9am-5.30 pm

Liverpool
0151 958 0057

Mon-Fri 9am-5.30 pm

London
0204 502 2599

Mon-Fri 9am-5.30 pm

Leeds
0113 246 7878

Mon-Fri 9am-5.30 pm

Chester
01244 450 782

Mon-Fri 9am-5.30 pm

Request a Free Consultation

Thank you

Your download is on its way to your inbox.

Divorce Law - Judith

Going Through a Divorce? Get Expert Legal Support

Trusted & Confidential Advice from Expert Solicitors

Going Through a Divorce? We’re Here to Help You Move Forward.

Key things to know

Here when you need us most

A clear, three-step roadmap to peace of mind

Step 1 – Initial consultation

Step 2 – Advice

Step 3 – Progress

Frequently Asked Questions

Book Your Initial Discreet Consultation with our Divorce Solicitors Today

Judith O'Brien

What our clients say

We’d love to hear from you! Send us a message using the form opposite, call us or follow us for the latest updates.

Manchester0161 667 3686

Mon-Fri 9am-5.30 pm

Liverpool0151 958 0057

Mon-Fri 9am-5.30 pm

London0204 502 2599

Mon-Fri 9am-5.30 pm

Leeds0113 246 7878

Mon-Fri 9am-5.30 pm

Chester01244 450 782

Mon-Fri 9am-5.30 pm

Request a Free Consultation

Your download is on its
way to your inbox.

Manchester
0161 667 3686

Liverpool
0151 958 0057

London
0204 502 2599

Leeds
0113 246 7878

Chester
01244 450 782