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 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. Legal agreements will depend on individual circumstances and would strongly urge both parties to take advice before progressing matters in court as this can have a negative effect on proceedings and delay matters.
Can I keep my pension?
This is a complicated aspect in law. A pension is viewed as an asset and very much part of the marital pot. It has to be acknowledged and considered in the case.
Other aspects including personal assets, business assets, duration of marriage and age of the divorcing parties will all be considered alongside the division of any pension.
For any divorce case, specialist advice is always advisable in relation to financial aspects.
What rights do I have regarding my children?
The ‘rights, feelings and wishes’ of any children is given a priority in family law. The welfare of a child is paramount for the Court when deciding any issue.
If you are on the Birth Certificate, you have the same rights as the mother regarding access to your children.
The law does not favour one parent over the other as regards to access. Where there is dispute between parties, the Court will always place the welfare of any child as a priority when making decisions.
The paramount consideration
is the welfare of a child
Will my parents have rights to see my children?
Grandparents have rights to see grandchildren but this is usually incorporated into the time they are with the respective parent.