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Common questions

  • If you have reached an agreement on your financial settlement, our experienced family lawyers can review the deal to assess its fairness. They can also draft the necessary legal documents to facilitate the creation of a binding court order, providing legal security and enforceability to the agreement.

    While you have the flexibility to agree to various financial settlements, our team can guide you in evaluating whether the agreement aligns with your best interests.

    It is important to note that you can only obtain a court order if the court considers that the agreement is fair, highlighting the importance of striking a balance that is agreeable to both parties involved. Our expertise ensures that your decisions are well-informed and legally sound throughout the divorce process.

    When it comes to determining your financial settlement during a divorce, there is no one-size-fits-all formula. Each case is unique and is considered based on its specific circumstances.

    Whether your assets are modest, or you have a high net worth, our team of the best divorce lawyers in Leeds possess the expertise and experience to provide tailored advice and help you navigate through the complexities of reaching a settlement that is fair and appropriate for your specific situation.

    For an insight into your potential divorce settlement, please use our divorce calculator.

  • Indeed, emotions can cloud judgment. When anger, betrayal, or grief drives decisions, one might make hasty choices that may not be financially beneficial in the long run. It is crucial to separate feelings from financial decisions, and this is where our team can be of immense support.

  • It is rare to have to attend court for a divorce particularly now it is now no longer possible to defend an application for divorce save in very exceptional situations.

  • Research tells us that arrangements agreed between the parties are much more likely to succeed if they are made by agreement between the parents. However, where one parent does not agree to those arrangements we can suggest alternative ways of reaching a resolution for your children for example, you may need to try mediation, arbitration or ultimately court proceedings to help you sort these arrangements.

  • Non Molestation Orders automatically have a power of arrest attached as a breach of this order is an arrestable offence. If you obtain an occupation order you may need a power of arrest.

  • You only require either a good colour scan or photograph of the original that is clear and shows all four corners of the document. If the certificate is not in English, you also require an official translation of the certificate.

  • If you decide not to divorce, you will remain legally married to your spouse and your financial claims against each other will remain open indefinitely. The financial claims can only be ended by court order.
  • Yes, you will need to make an application to the court to get a Non-Molestation Order and/or Occupation Order. However, if you are at immediate risk of harm we recommend that you always contact the police.

  • We extend our services to clients located across the country, ensuring that distance is never an obstacle in securing professional legal support. As long as your divorce falls under the jurisdiction of the courts in England and Wales, we can be of service to you.

    Our best family law solicitor in Leeds acts for a diverse client base. Regardless of your location, we offer various modes of communication and consultation to accommodate your preferences.

  • Yes, family law includes divorce along with other things like child arrangements, division of financial assets and other family-related issues.

  • Businesses aren’t merely about current valuation. Their inception, evolution, future potential, and whether the provide any liquid capital can become central in divorce considerations. Comprehensive understanding is vital for fair division and expert evidence is often required.

  • Cryptocurrencies, though relatively novel, are still considered assets. Their valuation and division can be complex due to their volatile nature and the challenges in tracing them. It is essential to approach this with expert guidance to ensure fair division.

  • Investments, whether in equities, shares, or other financial instruments, have specific legal considerations during a divorce. Knowledge and timely measures can be instrumental in preserving these assets.

  • Start by obtaining a copy of your credit report. Ensure all joint accounts are closed or transferred, and focus on building your credit through timely payments, reducing debts, and avoiding new debts that strain your finances.

  • Maintain a clear record of all your digital holdings, investments, and intellectual properties. Collaborate with solicitors familiar with the digital asset landscape to ensure that they are adequately considered and equitably divided.

  • Finding the balance between emotional well-being and pragmatism during divorce/dissolution proceedings can be arduous. It is essential to lean on trusted friends, family, and professional counsellors and coaches to offer support. Having a strong, clear and empathetic solicitor by your side can significantly ease the asset division process. At Winston Solicitors we can connect you with the support you need.

  • Looking beyond the immediate implications of divorce/dissolution means ensuring sustainable income sources, maintaining good credit, budgeting effectively, and perhaps even revisiting your investments. Rebuilding might take time, but with the right strategies, you can fortify your financial foundation.

  • A 'clean break' order brings maintenance to an end. When making spousal maintenance payments orders, the court is under an obligation to consider whether the periodical payments should be made only while the receiving party adjusts, without undue hardship, to the termination of their financial dependence on the payer. This stresses that the receiving party cannot necessarily sustain the marital standard of living.

  • Establishing a clear and transparent plan regarding children's funds, assets, or trusts is vital. Collaborative discussions that prioritise the children's welfare over individual interests can make this transition smoother for the young ones.

  • While marital assets comprise wealth acquired during marriage, non-marital assets, which usually include inherited ones, represent those amassed without reference to joint matrimonial endeavour during the relationship. Knowing this distinction and getting good legal advice can be decisive in asset division.

  • Foreign assets add complexity to the divorce/dissolution equation. It is pivotal to be transparent and maintain meticulous records, especially regarding overseas properties or assets in foreign currencies.

    While the concept of a divorce to protect assets can be misunderstood, our family law firm is here to offer clarity and ensure that your rights and assets are preserved without advocating for unnecessary separations.

  • Pre-Nuptial Agreements primarily focus on financial aspects so they generally do not dictate terms for child arrangements (sometimes referred to as custody) but they can cover the issue of child maintenance or support and other child related financial issues such as payment of one-off expenses or longer-term outgoings such as school fees. The child arrangements are usually agreed or determined by the court based on the best interests of the child.

  • An excellent family divorce lawyer prioritises their clients, offering tailored advice and seeking practical solutions that suit their needs. To find a reliable divorce lawyer, explore client reviews to get an idea of the quality of service others have received.

    Choosing a highly recommended divorce lawyer with a wealth of experience in handling various cases typically ensures that they can provide the most effective guidance and support for your situation.

  • Asset transfers, maintenance (sometimes known as periodical payments), child support, and the division of retirement accounts can all come with tax implications. Being aware of these potential tax implications will help ensure you aren't caught off guard during tax season.