Divorce
The Myths and Facts

For any divorcing couple there are individual concerns that occur during the process. Whilst everyone has queries regarding their own situation, there are certain topics which arise regularly as the proceedings begin.

As every case is different there are no typical answers to the questions we are asked but we can give a few generic answers regarding some issues raised.

How much will it cost and how long will it take?

How long is a piece of string?  Assets and complications that arise will affect the final cost.  Some costs, such as court fees, are fixed. Others, such as legal fees, will depend on how much legal advice is required.

Co-operation by both parties will help things to move more smoothly and quickly. The duration of a divorce varies and is very much dependent on circumstances and any backlog in Court Administration.

Will you draft the deal I have made with my partner?

At Benussi & Co we only draft divorce documents after we have received full and final financial disclosure from both parties.  The team has to be aware of all assets and debts and cannot advise without the full facts.

If agreement has been reached it is always in the interests of both parties to have documentation drawn up.

Can I keep my pension?

This is a complicated aspect in law.  A pension is an asset and, as such, is part of the marital pot.  It will be considered and treated as any other asset.

What rights do I have regarding my children?

The welfare of a child is paramount for the court when deciding any issue.

The law does not automatically favour one parent over the other and focuses upon a parent’s responsibilities to their child, rather than their “rights”.  It presumes that it is in the best interests of a child for both parents to be involved in their lives, unless that would place them at risk.

The wishes and feelings of your child is a factor the court will consider but is generally not the determinative factor.

The paramount consideration
is the welfare of a child

Do grandparents have rights to see their grandchildren?

Whilst grandparents do not have an automatic right to see their grandchildren, generally a child will be able to spend time with their grandparents and wider family during the time they are with that respective parent. If that is not happening there are mechanisms to allow grandparents to apply to the family court for contact with their grandchildren. The court will look at specific circumstances of the case, including the involvement of the grandparent’s in the children’s lives. Grandparents should take advice as to their individual circumstances.