Common questions
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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.
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The starting point is no different to any other divorce which requires careful consideration of the financial needs of the parties along with other factors relevant to the division of assets on a divorce.
These include the contributions of each of the parties to the marriage, for example, as well as the length of the marriage, health issues, the impact on any children and the parties’ standard of living.
When it comes to considering how assets will be divided, it is also necessary to consider the provenance of the assets and the extent to which there are any non-matrimonial assets that are not automatically subject to sharing. Such as pre-marital acquired assets or inherited assets. The reality is that, at least part of the farm is likely to be the family home as well as the business. Even where inherited and passed down through the generations., Therefore, this may be considered to be matrimonial as a result. Divorce and farming is a complex area of law and good advice that takes all the relevant legal factors into account is required to ensure the right outcome.
In recent times, there has been a lot said about farming incomes. Alack of income over the lifetime of the relationship can mean that the farm is the only asset to provide for both parties in their lives after the divorce. This might mean that some assets have to be sold. Which can lead to disagreements about whether that would harm the future of the farming business.
This is a difficult consideration for everyone. Very often both parties to the marriage will have contributed to farming life, and valuing one contribution over another is emotive. It is important to understand that the court does not give any lesser weight to the contribution of the home maker and provider of childcare than to the party who, on the face of it, is running the business. In most cases, the contributions will be considered to be equal.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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We instruct specialists to assess appropriately depending on the nature of your business.
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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.
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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.
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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.
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They can vary and it is up to court, but usually they are in place for 6-12 months.
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It varies. Simple agreements may resolve in months, but court cases can take longer.
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Your first call is free. After that, we offer a range of flexible payment options — including fixed fees, monthly plans, and deferred costs in some cases. We’ll always be open about pricing before any work starts.
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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.
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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.