Personal: FAQ's

I can't find my husband

Question
My husband has left me and I want to start divorce proceedings. The problem is I have no idea where he is living. Can I still get divorced?

Answer
Yes. It may lengthen the process because we will need to make enquiries as to his whereabouts in order to serve him with a copy of the petition. We can apply to the Court for an order giving permission to serve the divorce petition in some other way. The Court may give us permission to send the divorce papers to a particular address or person with whom we know your husband has regular contact. If all else fails the Court can give permission that we need not serve the petition. That would be a last resort. Although these steps can delay your divorce you would still be able to proceed assuming you have sufficient grounds to divorce your husband.

How much?

Question
How much will it cost?

Answer
It depends on exactly what you want to do and we offer an initial free consultation to assess your situation and give an estimate as to the costs involved. For further information, go to our fees [link]. We can give a fairly fixed costs estimate for a divorce which proceeds on an undefended basis without undue difficulty. The costs are in the region of £800 - £1,000 plus VAT and Court fees of £385. There may be one further fee of £7 to swear an Oath.

My husband is secretive

Question
I want to start divorce but I am very worried about financial and property matters. My husband is secretive and I know nothing about his financial situation. I am worried that he will hide everything. Can anything be done?

Answer
There is a duty on each side to make a full and frank disclosure of their financial and personal circumstances. Unfortunately there are unscrupulous people who hide assets. Our team is specialised and has had success in tracing assets and money which would note have otherwise been disclosed. There are various approaches we advise you to take depending on the circumstances and we sometimes rely on forensic accountants to scrutinise the paper trail of evidence which can be left. Further we have made applications to the Court for third parties (such as banks, business partners and relatives) to disclose information where there has been reluctance or secrecy on the part of a husband. We will do everything to ensure that your interests are safeguarded.

I don't want to go to Court

Question
I don't want it to turn into a fight. I want to try to reach an amicable agreement with my wife. What is the best way to proceed?

Answer
The majority of cases settle without either party setting foot inside Court.

Concerning children issues we focus on what is best for the children and your concerns and see whether there is a mutual way forward whilst ensuring that you are properly advised as to your rights. It should be remembered that the children have rights and generally the children have a right to have a good relationship with both parents.

Concerning property and financial matters, after financial disclosure most cases settle by negotiation. One relatively new method of trying to reach an agreement is called Collaborative Law [link] or you can try Mediation. Davies and Partners offer Collaborative Law as a solution to resolving disputes.

What if?

Question
I am not sure whether I want a divorce and certainly I do not want to be pushed into it. Should I see a Solicitor?

Answer
At Davies and Partners we carefully ascertain the client's priorities and we certainly do not force a solution upon a client. We are quite happy to discuss matters on a hypothetical basis e.g. "if you were to divorce your legal position would be......."

I am getting married

Question
I am engaged to be married and the wedding is planned for next summer. I am 48 and my wife to be is 46. We have both been married before and we each have two children of our previous marriages. We do not plan to have any more children. I have no significant assets although I have a very good pension. My wife to be has just received a large inheritance from her father's estate and has no other assets and no pension. I hope very much the marriage works out but if it does not I would like to walk away without being able to claim against my fiancé's assets and I would not want her to claim against my pension. What should I do?

Answer
Davies and Partners recommend that you have a free initial consultation to discuss the possibility of whether a pre-nuptial agreement can assist. Your case certainly appears to be one in which an agreement could benefit both parties. It is best to obtain advice early because an agreement should be signed well in advance of the wedding.

What about the business?

Question
I am 42 years of age and have been running my own successful business for nearly 20 years. I married my husband two years ago but it has not worked out. My husband says he is entitled to half of my business. What can I do?

Answer
Firstly the length of the marriage is something which is taken into account when considering financial provision. If you have built up your business over many years prior to the marriage this is a factor which can be taken into account when reaching a settlement, Secondly what value does the business have? This can be a difficult question to answer and sometimes we need the help of an accountant to properly assess the value of a business. Even if the business has a value, can any money be taken out of the business without unduly affecting its liquidity? Again this is a question which is usually answered by an expert who we can instruct on your behalf. Your husband is not entitled to one half of your business simply because you are married. Each case varies. If your business simply provides you with an income and has no capital value the Court will not order it to be sold. The Court may consider whether maintenance is appropriate and leave your business otherwise untouched. Issues concerning businesses are complex and Davies and Partners specialise in acting for clients with businesses. Further, we have a Corporate and Commercial team who can advise on the businesses and commercial issues which can arise from divorce.

My husband lives abroad

Question
My husband is French and we have a home in England and France. We separated and I returned to England leaving my husband in France. My husband says that he intends to commence divorce proceedings in France, should I do anything?

Answer
If you are now living in England you can start divorce proceedings in this country. If you do your husband will not be able to start proceedings in France because of a treaty which exists between E.U. nations. This may be important because the approach taken by different courts in divorce and financial settlements varies from one country to another. You should obtain advice in England as to where you stand both in relation to divorce and finance and we can then, if you so wish, instruct a French lawyer to advise whether it would be better for you if the divorce commences in France. You should act quickly because if your husband issues proceedings in France you will not have the choice of issuing proceedings in this country.

My husband has withdrawn all our money

Question
I am in the process of splitting up with my husband. I checked the joint account and he has withdrawn all the funds. I am worried because the house is in my husband's name and I feel that everything is out of my control. What should I do?

Answer
We advise that we should immediately make an application to the Land Registry to register a Right of Occupation in respect of the family home. Further we should consider in your case whether we should take urgent action to freeze funds. It depends on the amount of the assets which are available and the security which you will gain from registering a notice against the family home. Further we should consider whether you will have sufficient funds to live on. It may be that an urgent application is needed for maintenance and if you have children you may need to apply to the Child Support Agency. Further, we can try to negotiate an agreement with your husband. The best thing is not to panic and take urgent advice.

My family lent us money

Question
When my wife and I purchased our first home my mother paid the deposit of £30,000. Unfortunately the marriage has not worked out. My mother is still alive. Is she entitled to the return of her money?

Answer
More information would be needed but essentially the money which your mother paid could be a loan or a gift or it could give her a beneficial interest in your property. It would depend on what was said, what was agreed (if anything) and what the intentions were at the time when the money was paid. This case needs much greater investigation. Davies and Partners have acted for the husband, the wife, and the mother in this situation.

Financial Disclosure

Question
I am separated from my husband and we have managed to negotiate our own financial settlement. I have heard we are supposed to have "financial disclosure", what does that mean, and do we really have to do it?

Answer
If you wish the settlement which you have reached to be legally binding it is necessary to have financial disclosure. There is a duty on each party to fully disclose to the other their financial and personal circumstances. Unless this is documented it is difficult to prove that it has happened and it is usual to produce evidence such as payslips, bank statements etc. The best way to achieve a binding settlement is to have a consent order approved by the Court as part of divorce proceedings but there are other ways of trying to achieve more certainty e.g. a separation agreement. For all of these types of agreement there should be financial disclosure otherwise either party can regard themselves as not bound by the agreement because of inadequate disclosure. In your circumstances it is best to obtain legal advice as to the extent of the financial disclosure and on the merits of the proposed settlement.

What now?

Question
So where do I start?

Answer
Contact one of our experienced family law specialists

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