Family solicitors in Blyth
Deciding to end a marriage is rarely easy. Even where both parties agree it's the right thing to do, the legal process of getting divorced involves a number of steps that need to be handled carefully — and where children or significant assets are involved, the stakes are even higher.Since the introduction of no-fault divorce in England and Wales in April 2022, the process has become somewhat more straightforward. You no longer need to blame your spouse or wait years to demonstrate that the marriage has irretrievably broken down. Either partner — or both jointly — can apply for divorce without attributing fault to either side. This has been a welcome change for many couples, and it often makes the process less acrimonious from the outset.
However, getting a Divorce Order is only part of the picture. The financial arrangements between you and your spouse — who keeps the house, how pensions are divided, how ongoing maintenance is calculated — need to be resolved separately, either by agreement or by the court. Without a financial consent order approved by a court, a financial claim can technically be made against you years down the line, even after you've both moved on.We will guide you through the divorce process from start to finish, advise you on your financial rights and entitlements, and make sure that whatever agreement is reached is properly recorded and legally binding.
Separation Without Divorce
Not everyone wants or is ready to divorce. Some couples separate but remain legally married — for religious reasons, because they haven't been married long enough to divorce, or simply because they want time to think. In these situations, a separation agreement can be a useful tool. While not technically legally binding in the same way as a court order, a well-drafted separation agreement sets out clearly how finances, property, and child arrangements will be managed during the separation, and can carry significant weight if matters ever do go to court.
For unmarried couples who separate, the legal position is quite different — there is no automatic right to a share of a partner's property simply because you lived together, regardless of how long the relationship lasted. If you're separating from an unmarried partner and there are shared assets, property, or children involved, it's important to understand your legal position before making any decisions.
Child Arrangements — Putting Children First
When a relationship breaks down and children are involved, sorting out where they will live and how much time they spend with each parent becomes the most pressing concern. In an ideal world, parents reach an agreement between themselves — and many do, often with a bit of help from a solicitor or a mediator.
Where agreement isn't possible, or where there are concerns about a child's welfare, a court application may be necessary. We can advise you on all of the options available and help you navigate the process in a way that keeps the focus on what matters most — the wellbeing of your children.
Child Arrangements Orders
A Child Arrangements Order is a court order that sets out where a child lives and the contact arrangements with the other parent. Courts in England and Wales start from the presumption that a child benefits from a relationship with both parents — so the question is rarely whether a parent will have contact, but rather how that contact will be structured.
We will help you put forward a case that demonstrates your commitment to your children and your understanding of what they need — and we will always try to find a resolution that avoids prolonged court proceedings, which are stressful for adults and children alike.
Specific Issue & Prohibited Steps Orders
Sometimes disputes arise about specific decisions — whether a child should change schools, move abroad with one parent, or undergo a medical procedure. A Specific Issue Order asks the court to decide on a particular question. A Prohibited Steps Order prevents one parent from taking a specific action without court approval. We can advise you on whether either of these is appropriate in your situation.
Child Maintenance
Child maintenance — the financial support paid by the non-resident parent towards the cost of bringing up a child — is usually calculated and arranged through the Child Maintenance Service. However, in some cases it can be dealt with by agreement or through the courts, particularly for high earners or where school fees and additional expenses need to be factored in. We'll make sure any arrangement reflects your children's genuine needs.
Financial Settlements & Divorce Finance
Sorting out the finances after a marriage ends is often the most contentious and complicated part of the whole process. The courts in England and Wales have wide discretion when dividing matrimonial assets, and the outcome depends on a range of factors — the length of the marriage, the needs of any children, each party's earning capacity, contributions made by each spouse, and much more.
The starting point for most financial settlements is an equal division of matrimonial assets, but that is rarely where things end up, particularly where the marriage has been shorter, where one spouse has significantly greater earning capacity, or where one party brought substantial assets into the relationship.
We will work with you to build a clear picture of all the assets and liabilities in your case — including the family home, savings, investments, business interests, and pensions — and advise you on what a fair settlement looks like. We'll negotiate on your behalf wherever possible, and if an agreement can't be reached, we'll represent you in court.