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0141 647 9851

Divorce and Separation

Let’s get one thing straight – we understand that separation and divorce are stressful! Even in the most amicable of separations, there can be issues that bring tension between the parties. Our task is to help you understand the options available to you. We will explain what the law says and how it deals with different aspects of a separation or divorce. Next, we will advise on issues relating to finance, children, assets and debts. then we will explain the different rules that apply to marriage, civil partnership and cohabitation.

We will  start off by taking down all your details and the circumstances surrounding your separation. We will ask you about anyone who can support your position or witnessed the events leading up to the separation. There are a number of ways we can help you resolve the situation and you don’t always need to resort to court proceedings.

Will I need to go to court to get what I'm looking for after I separate?
We will help you decide on the best way forward for you. In many cases, we find that the best course of action is to try to reach agreement with your spouse or partner and once that agreement is reached, put it into a Separation Agreement that both parties can then sign. This is then binding and regulates  the arrangements between you and your spouse or partner.
I think I'm entitled to more money from the split than my spouse or partner
The law starts off by saying that all assets and debts of the marriage or civil partnership should be divided equally. It does, however, make provision for an unequal division if one of the parties can show they have been disadvantaged whilst the other party has gained advantage as a result of the marriage or civil partnership. The situation is different if you’re simply cohabiting.
I want the children to live with me and I don't want my spouse or partner to see them
It is paramount in any separation where there are children that the needs of the children are carefully considered. Separation can be stressful and emotions can run high. However, you need to remember that your spouse or partner is your child’s parent too and it’s likely that your children love your spouse or partner just as much as they love you – even though you no longer have any regard for your spouse or partner. We will discuss your options with you when dealing with residence and contact for the children.
Will I have to leave my home?
This is always a tricky question and the answer is “it depends”. It depends on all the facts and circumstances and, importantly, the financial position of you and your spouse or partner. There are many instances where arrangements can be made for you to remain in the former family home or even have ownership transferred to you – but, as we’ve said, it depends on the facts and circumstances
Whatever you do, if you’re considering divorce or separation, get in touch with us first. We know it’s very stressful. We know you might be going through emotional turmoil, but please don’t do anything rash and  don’t make any commitments or agreements until you’re fully aware or your rights, obligations and entitlement.

Considering separation or divorce

Contact us now to discuss your options