Month: May 2018

Divorce – Do I Have To Go To Court?

Divorce can be stressful enough without the added worry of appearing in what can be the intimidating surroundings of a courtroom. So if you are currently considering divorcing your partner can you avoid that movie style court battle and just get it over and done with?  

The good news is, yes you can but only if the divorce is a straightforward one that remains undefended by your partner. The processes involved in ending a marriage are actually quite straightforward in most ordinary cases and are certainly nothing to be afraid of.  

You will simply need to issue a divorce petition which we work with you to complete and then it gets sent through to the court who will then send the document on to your spouse. It is then up to your spouse to either object or allow it to go through undefended. The latter is by far the most common scenario because nobody wants those legal costs to mount.   

The main issues that are likely to involve appearances in court are financial and related to custody of children. These cases can turn out to be complicated but even in these cases compromises can be reached to suit both parties.  

Divorce – Is Your Former Partner Being Secretive About Finances?

Not every couple involved in a divorce case will be faced with a spouse being secretive about their finances but there are plenty of cases where crucial information is withheld. This can be self -defeating for those who are attempting to conceal information to protect their assets and avoid having to share them with a former spouse.   

One thing is certain in the case of finances in divorce, there will need to be full and frank disclosure of finances otherwise there is the very real risk that any agreement can be challenged either during the divorce process or at a later on.  

You solicitor will provide all the necessary advice about what you need to disclose about your finances and you will be advised that it is in your interests to be fully transparent. A court will take a dim view if anything subsequently comes to light about finances that was deliberately withheld in an agreed settlement.  

Disclosure of finances is done via the completion of Form E which provides the opportunity to document all details relating to your finances. It is expected that the details contained in this document include everything that should be included with no omissions.  

Your solicitor can advise you on how to complete the form and also how to follow the correct procedures if you feel that your spouse is attempting to conceal the full details of their finances.