Child support and child (sometimes referred to as live with or residence or custody) arrangements might have financial repercussions, influencing how assets are divided or allocated. Being well-informed ensures that decisions made are in the best interest of the child while also being fair to both parties.

We take immense pride in our unrivalled reputation among our family law clients, a testament to the trust they place in Winston Solicitors.

At Winston Solicitors, our clients commend us for:

Our unwavering commitment to cost-effectively resolving matters.
Our extensive experience in handling complex family matters, ensuring they are in capable hands.
Our ability to alleviate the stress and anxiety that often accompanies family issues.
We prioritise our clients above all else.
Delivering a 5-star service which is the cornerstone of our decision-making process.

Our family law service offers you:

Tailored legal solutions designed to suit the sensitivity of your unique case.
A cost-effective approach to legal matters.
Flexible, late evening appointment options to accommodate your schedule.
Convenient on-site parking for easy accessibility.
Wheelchair-accessible facilities to ensure inclusivity.
An office location outside the bustling city centre of Leeds.
Access to city centre meeting rooms if that is more convenient for you.
The flexibility of virtual online appointments for your convenience.

At Winston Solicitors, we are dedicated to providing you with the highest level of service and support throughout your family law journey.

The division of properties, particularly primary residences, is multifaceted. Factors like the needs of any children, the source of the property, contributions made, and its current valuation can play integral roles in some cases. Our expertise can assist to guide you through this complex process.

The amount of spousal maintenance you receive or pay is dependent on a variety of factors, such as each person's financial needs, their earning capacities, ages, and the standard of living during the marriage.

A divorce is likely to take a minimum of 30 weeks. This process can however be lengthier if there are financial matters to also resolve.

They can vary and it is up to court, but usually they are in place for 6-12 months.

It varies. Simple agreements may resolve in months, but court cases can take longer.

It is recommended that a Pre-Nuptial Agreement be finalised at least four weeks (ideally longer) before the date of the marriage or civil partnership. This helps ensure that both parties have adequate time to review the agreement and seek legal advice.

There is no time bar if you wish to remarry in England or Wales but you will need to check the country in which you intend to marry but you must have your Final Order (previously known as Decree Absolute).

You should also check with your solicitor about any effect your remarriage might have on your financial entitlement after your divorce if you have not yet finalised your finances following your divorce/dissolution.

To protect your pension in a divorce, several steps should be taken, some of which include:

Understand the Laws: The law and regulation around the division of pension assets is complex. Get the appropriate advice from your solicitor and financial experts to understand your rights and options.
Consult a Solicitor: Engage a solicitor who specialises in family law and asset division and who has experience of cases involving pensions. They can offer tailored advice that will help you navigate the complexities of pension division.
Pension Valuation: Obtain an accurate valuation of your pension and consider whether you need advice from a qualified actuary. This ensures that you know exactly what is at stake and what a fair settlement looks like.
Consider Pension Offsetting: Sometimes, it may be beneficial to offset the value of your pension against other assets you might receive. For example, you may keep your pension, while your spouse gets the house but care needs to be taken to ensure this is genuinely a fair outcome and expert evidence may be required.
Update Beneficiary Information: In the event of a divorce, you may want to review and possibly update who your pension benefits will go to in case of your death.
Draft a Financial Agreement: To conclusively protect your pension, ensure you have a comprehensive consent order, which results in a legally binding financial settlement.
Post-Divorce Review: Both during and after the divorce is finalised, consult with a financial advisor to revise your retirement planning strategy.

The process for the dissolution of a civil partnership follows the same process as the divorce.

If your ex-partner fails to comply with a spousal maintenance order, you can apply to the court for an enforcement order. The court has the power to enact various measures to ensure payment, including garnishing wages or seizing assets.

This is an injunction you can obtain from the family courts.

Only certain law firms offer legal aid and to provide this they have to have a contract with the Legal Aid Agency. Legal Aid can provide people with financial assistance to help pay for their legal fees but certain conditions need to be met to be eligible for this.

A mandatory 20-week "cooling-off" period is built into the process, allowing both parties to consider their decisions carefully. Early legal advice becomes crucial in assessing the right time to initiate the divorce application, taking into account the waiting period. This means it is not necessarily quicker to get a divorce, but it is certainly less stressful.

One of the significant advantages of no-fault divorce is that it does not require both parties to agree. You have the option to file the divorce application independently, and your spouse has 14 days to respond to the petition. It's important to note that they cannot contest the divorce unless specific legal grounds exist. This can make the process somewhat quicker than before.

For those who have reached an amicable agreement, a joint no-fault divorce application is also available, allowing couples to mutually navigate the process with shared consent. This flexibility has made the divorce process more accommodating.

The simple answer is that it all depends on who you instruct. If you use a reputable firm/panel then the process should be both clear and organised. At Winston Solicitors the average time scale for our client’s from when their Application is submitted to a decision being made is 2 months compared to other firms who have a usual average of 8 months. It is important to note that not all firms/panels have a structured process which means the decision to grant a “Khula” can take up to a lengthy 8 months.

Following the panel meeting, if an Islamic Divorce is to be granted, the panel will issue you with a formal divorce certificate similar to that of a Decree Absolute. At Winston Solicitors we always hold a duplicate copy on file for up to 6 years.

Yes, the Islamic Divorce panel have to satisfy themselves that your case is significant enough for an Islamic Divorce to be granted. Certain panels require face to face meetings, however this isn’t necessary. At Winston Solicitors we arrange panel meetings by way of video call, it allows our clients to feel at ease and relaxed in their own environment.

At Winston Solicitors we have helped many clients obtain an Islamic Divorce even in the circumstances where they could not produce their Nikaah certificate. So do not worry, you just need to be proactive. You must first try and contact the organisation that carried out your Nikaah Ceremony as they would usually hold a duplicate copy of your Nikaah certificate for their records. If this isn’t possible, then you will have to provide sufficient evidence to the Islamic Divorce panel so that they can be satisfied that the marriage actually took place. Winston Solicitors can help you with this.

It is actually rather common for the ex-husband to intentionally not respond or acknowledge the Islamic Divorce papers when sent to him. This is why “service” of papers is important. As long as your solicitor can prove that your ex-husband received the paperwork or is aware the procedure has started, then the panel will move on to the next stage regardless of whether or not he responds.

These are assets that both you and your spouse have acquired together during your relationship. They can include pensions, properties, investments, businesses, or savings. Essentially, these are the assets that have been built up during your time together as a couple.

Non-matrimonial assets are those you or your spouse brought into the relationship, such as an inheritance or assets acquired before your marriage or potentially assets acquired after separation. Despite their separate origin, these assets can still be considered and may be split, depending on the specific circumstances.

The court's primary concern in asset division is ensuring that all financial needs are met, especially the needs of any dependent children. When deciding how to divide assets, the court takes into account a range of factors, including:

The needs of the parties: This involves considering your needs, your spouse's needs, and the needs of any dependent children.
Standard of living: The court looks at the standard of living you both enjoyed during the marriage.
Income and earning capacity: The current income of each party and their potential earning capacity are considered.
Duration of the marriage: The length of your marriage plays a role in asset allocation.

In a divorce, pensions do not have to be split equally. You can use a system called pension offsetting. This means one person keeps their pension, and the other gets assets of the same value, like property or investments. But remember, pensions are not equal to other assets because of taxes and restrictions and we can ensure you have the right expert advice to ensure any agreement reached is fair and appropriate for your financial situation.

Eligibility for spousal maintenance is typically awarded when you cannot support yourself financially post-divorce to a fair standard without this assistance and the other party can afford to pay it.