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Common questions

  • Any agreement should be made legally binding through a Consent Order. At Winston Solicitors, we ensure agreements are properly drafted so they provide certainty and long-term protection.

  • Intellectual properties can represent significant value, and their division depends on when they were acquired, their potential future earnings, and their importance to the holder. Clear understanding and specialized expertise are crucial in handling these assets.

  • Joint savings can be a bone of contention. Taking precautions such as maintaining separate accounts and diligently recording individual contributions from non-marital sources can make a difference in asset protection, but any savings or assets held in accounts in joint names are likely to be considered as joint regardless of the origins of the fund.

  • We have worked with many couples through off-setting agreements or shareholder agreements, finding the right solution in each case.

  • We will need to use reasonable endeavours to find them and serve the divorce papers upon them.
  • Please contact us urgently. We can help you get legal protection and connect you with local support services in Leeds and surrounding areas. Your safety is our priority.

  • Winston Solicitors can advise you and assist you in respect of applying to the court for an order for sale and/or a declaration of your interest.

  • You can speak to us in complete confidence. Many clients seek initial advice privately before deciding how or when to have conversations with their partner.

  • We can investigate and ascertain the true extent of a party’s pension arrangements using disclosure orders.

  • We can investigate the arrangement including the history of this, using disclosure orders, applications to join third parties (such as the trustees) where relevant and forensic analysis.

  • Complex assets often require specialist advice and, in some cases, expert evidence. Our team has experience dealing with pensions, business interests and inherited wealth, and we guide clients through these issues carefully.

  • A 'Clean Break' Consent Order is an order agreed within divorce/dissolution financial proceedings which severs all financial ties between the parties both now and in the future.
  • Joint Tenants is one way of how two people can own a property together and it means that they own all of the property between them.
  • This is a type of order in divorce/dissolution financial proceedings that means a party can live in a property until certain conditions are met.
  • Tenants in Common is another way of how two or more people can own a property together and it will define what proportion of the property that they own.
  • This is an order from the court setting out where children shall live and how they shall spend time with each parent.
  • In family law, a consent order is a legal document which formalises a couple's agreement on the division of their assets (including things like money, savings, property, investments, pensions, and other valuable possessions) and income during a divorce or separation. It can also cover specifics related to child maintenance.

    Sometimes, reaching an agreement might prove challenging, particularly in cases of an acrimonious separation or conflicting interests. However, in situations where couples can reach a mutual understanding about the distribution of their assets, a consent order can speedily solidify this agreement, making it legally binding and safeguarding it from future challenges.

    For a consent order to effectively reflect your intentions and be legally enforceable, it is advisable to engage a solicitor who can draft and validate the document.

  • A Consent Order is an order agreed within divorce/dissolution financial proceedings which sets out the terms of the agreement for the financial separation dealing with sale/transfer of property; bank accounts; maintenance payments and so on.
  • A declaration of trust is a legal document that sets out who owns what share of a jointly owned property. It provides clarity and can prevent disputes as to ownership later on. We often recommend this where couples contribute differently to a property purchase.

  • This is a document that is legally binding and usually sets out how legal owners of a property shall own the shares in that property.
  • This is the First Hearing Dispute Resolution Appointment in children proceedings and will usually be the first hearing you attend at court in a children application.
  • A MIAM is a Mediation Information and Assessment Meeting and is the first meeting you have in mediation. It is mandatory to attend a MIAM before you make a court application except in certain circumstances when you may be exempt.
  • This is a form of injunction that you obtain from the family courts to prevent a person associated with you from doing certain things for your protection.
  • A pension divorce calculator provides an estimate of how pension assets might be split during divorce. While not definitive, it offers valuable insight into potential outcomes, helping parties make informed decisions.