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Divorce

Navigating Divorce – Addressing your most frequently asked questions

Dealing with marital breakdown and the prospect of a divorce is tough and intensely personal. But at various points of the process, access to the right legal support and divorce advice can make it easier. Whether it’s through keeping you informed of your options or providing you with robust and tenacious representation in negotiations, understanding your options and having the right Divorce 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.

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?

In English Law, you always have the right to seek new representation if you are dissatisfied with your current Solicitor. Divorce Law is a discipline that often requires a degree of tenacity and diplomacy in equal measure, and you might want to consider these qualities when selecting your new representation.
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.

Prosperity’s Family Law team operates across England from the firm’s four offices in Manchester, Leeds, Liverpool, and London. Each expert Solicitors in their own right, they’ve experience of representing all manner of Divorce cases and providing sensitive, but effective, divorce advice to a wide range of clients.

Contact Us Today

Call us on 0161 667 3686 or fill out the form below

Judith O'Brien

Partner, Family Law

Daniel Jones

Partner, Family Law

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Divorce

Divorce

Navigating Divorce – Addressing your most frequently asked questions

Contact Us Today

Judith O'Brien

Daniel Jones

Latest News

A Fairer End to Relationships? New Rules Proposed for Cohabiting Couples

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 513 7306

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

Divorce

Navigating Divorce – Addressing your most frequently asked questions

Contact Us Today

Judith O'Brien

Daniel Jones

Latest News

A Fairer End to Relationships? New Rules Proposed for Cohabiting Couples

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

London

0204 513 7306

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

Leeds
0113 246 7878

Chester
01244 450 782