Family issues and disputes can be an extremely distressful time and cause great anxiety. However, at Kee solicitors we will assess your situation and provide guidance and greater certainty to ensure that you take the best course of action to resolve the situation.
Our approachable, empathetic, professional and client focus ethos, ensures we will offer a service tailored to your individual needs, exploring all avenues in order to help you to navigate towards the best solution available.
Why Choose Us?
When a relationship breaks down you will often be faced with a number of challenging personal and financial decisions, these can be difficult to make as the consequences of such decisions can be significant. It is essential, regardless of your circumstances, that you acquire legal consultation as early as possible. This will put your mind at ease, and give you greater clarity about your rights and the process of separation. Quite simply, getting legal advice and assistance with your divorce will streamline and simplify the entire process.
Even if using simplified procedure, it is advisable that you consult a lawyer, to ensure the documents prepared are legally competent and binding and if necessary, to provide assistance if further changes have to be made, or if any more complex issues arise. There can be serious consequences to taking the wrong steps following a separation.
Even when it is possible to end the relationship amicably it is not always certain that during the course of proceedings it will stay that way. It is always advisable to you’re your rights and obligations. Robust legal advice at Kee Solicitors along with our experience, will make sure your agreements made are as clear and concise as possible for you as we guide you through this process.
At Kee Solicitors, we know the importance of a reliable legal advice as it avoids the of the potential of future legal consequences you may face that can be costly and stressful. We aim to facilitate your separation while keeping your best interests in mind. If you’re going through a separation:
Contact Kee solicitors today on 0141 648 9214 for a free telephone consultation.
When separation is taking place, regardless of marriage, it is important that a number of matters are considered- especially in regard to both finances and children.
It is paramount that you know your rights whether married, cohabiting or in a civil partnership, should the relationship breakdown. One thing which is particularly important to keep in mind in regards to financial claims upon separation, is that cohabiting couples only have 12 months from the date of separation to make these claims. For this reason, early consultation is key if you find yourself in this particular circumstance.
In order to divorce, you have to be able to establish irretrievable breakdown of the marriage.
This can be established on the basis of:
- Your spouse’s unreasonable behaviour;
- Your spouse committing adultery;
- One year’s non-cohabitation without consent to divorce; or
- Two years non cohabitation without consent.
The court will can grant a divorce in the event that both parties have been separated for a year and if the divorce is consensual. If one spouse objects to the divorce you may still be able to apply for divorce without consent. Even in the event that you and your partner have reconciled for a brief period, divorce may still be granted, as long as the period you were together again was not more than 6 months. Divorce may also be granted on the basis that one partner has undergone gender reassignment surgery. In this case, an application can be made for a gender reassignment certificate.
It is extremely important to know that once divorced you are unable to retrospectively make claims in relation to matrimonial assets and liabilities.
In the event that you do not have any children under the age of 16 and have sorted financial matters, you can apply to the Court for what is known as a Simplified Divorce.
This is the cheapest and quickest option available. However, it is still highly advisable that you use the services of a solicitor to avoid unnecessary complications and to ensure you are aware of your rights and the consequences of such action.
Alternatively, a different procedure applies if you have children of the relationship under the age of 16 or if there are any outstanding financial issues. In such circumstances, you will require applying to the Court for an Ordinary Cause Divorce. Where children are concerned this involves a more complex process in which the Sheriff will need to be satisfied in respect of the welfare of the child or children.
Financial Issues of Divorce and Separation
If you have already separated with all the financial and care matters for any children being agreed upon and drawn up in a competent separation agreement or minute of agreement, then you can apply for a divorce on grounds listed above. If this is not the case, it is advisable that you should have a separation agreement prepared by a solicitor. This is a legally binding document which formally records how matrimonial assets and debts will be divided, where the children will live and the amount of financial support to be paid. Having a solicitor draft a separation agreement with your former partner will substantially reduce the legal cost in comparison to the alternative of letting the court determine how the finances will be split, or worse trying to remedy matters once finances have been dissipated.
The separation agreement can be prepared for married couples as well as cohabiting couples or civil partners. This will regulate and outline various assets and liabilities that are to be divided and will resolve each person’s payment responsibilities. In terms of divorce, this can also regulate anything from sale of the matrimonial home to the level of contact with children. Parties are both expected to sign this ’Minute of agreement’ which in turn will allow for the application of a straightforward divorce. It is always advisable that each party obtain independent legal advice in relation to any agreement to be signed.
Here at Kee solicitors, we are aware that this can be a stressful time, so we will guide you through this process with dignity providing effective solutions at cost effective prices to achieve the best outcome for you.