Divorce Solicitors Liverpool
If you have experienced an unfortunate breakdown in your marriage or civil partnership and are seeking a divorce, we at Berkson Family Law are able to guide you through the process.
Following the recent introduction of the Divorce, Dissolution and Separation Act 2020 on the 6th April 2022, couples are now able to divorce without having to assign blame or fault to the other as a couple can now mutually cite ‘irretrievable breakdown’ as the sole ground for a divorce.
The divorce application is also now made online through the HMCTS Court portal, meaning the postal delays can be avoided and this can make the divorce process much quicker although more often than not if there are matrimonial finances to be resolved then this will often delay the divorce concluding.
It is important that you seek legal advice if you are considering issuing divorce proceedings against your spouse and particularly if there are matrimonial finances to be resolved. This is to ensure that you can be fully advised as to the options available to you, the law that is applied, the Orders the Court can make and to ensure that whatever agreement is reached between a divorcing couple, the agreement is fair to you. It is also important to ensure that the agreement is incorporated into a legally enforceable document called a Consent Order. If agreement cannot be reached as to the matrimonial finances then it is open to either party in a divorce to make an application to Court but we at Berksons Family Law will always try to ensure that your case is settled outside of the Court arena wherever possible so that legal costs can be kept as minimal as possible.
At Berkson Family Law, we have Solicitors experienced in dealing with divorce and matrimonial finances who always ensure that a client’s case is dealt with as amicably, constructively, and cost effectively as possible. If you are seeking advice on any divorce-related matter then please do not hesitate to contact our office and a member of our team will be happy to assist you.
FAQ - Children and Divorce
My partner won’t let me see my child. What are my rights?
If a parent is prevented from seeing their children, it can be quite upsetting.
The first thing to do if your ex-partner won’t allow you see your child is to try and talk to your ex-partner about the situation and come to some form of arrangement between the two of you. If this isn’t possible, you can go to court and obtain a Child Arrangements Order.
This is a legally binding document that specifies how frequently you can spend time with your child.
The wellbeing of the child comes first in any court case.
It is important to keep in mind that while a child arrangements order can be enforced where one parent prevents the other from seeing the kids, it cannot be enforced the other way around. If a person does not want to see the children or spend time with them, the order cannot be used to force them to have them.
It is important to get professional legal advice from lawyers like Berkson Family Law’s Divorce Solicitors Liverpool as soon as possible.
My partner is a high earner. What can I do if the CSA don’t provide for enough money for my children?
The primary carer of the children will usually submit an application to the Child Maintenance Service. It is important to note, however, that they are unable to examine the situation if the other parent lives overseas.
Where the non-resident parent’s income exceeds the Child Maintenance threshold of £104,000 net per year (£156,000 gross per year), the court may make top-up orders for periodical payments for children.
It is crucial to seek independent legal advice as quickly as possible.
Is my partner responsible for our child’s school fees
Before going to court, it’s crucial to try to talk this through with your partner. Some couples are able to agree on who will pay the school fees or what portion will be paid by each partner.
You can get a School Fees Order as part of your financial divorce settlement if you or your partner are unable to reach an agreement.
The judge will consider things such as whether the child already attends a private school or whether it was anticipated that they would.
The fact that private schools are more prevalent in England than in continental Europe is another consideration the court might make.
My partner doesn’t want to pay child maintenance. Do they have to?
A child’s financial well-being is always the responsibility of both parents. When two parents’ divorce or separate, the money paid as child maintenance by the non-resident parent is used to support the child.
It’s crucial to remember that in terms of child maintenance, a child is defined as a person who is under 16 or under 19 and enrolled full-time in school (not higher than A-level).
The parent with primary care of the children will usually submit an application to the Child Maintenance Service and this government body will be able to determine what the correct level of maintenance one parent should pay to the other.
Is my partner responsible for child maintenance?
The needs and welfare of the children are the courts paramount consideration when a marriage breaks down and there are children involved. If one parent is taking the majority of responsibility for the childcare then the other parent will usually make payments towards the upkeep of the children.
The court may make a decision regarding child support at the same time that it makes a decision regarding other finances. It is the child maintenance service who provides the correct child maintenance figure that one parent should pay to the other.
Arrangements for child contact after a relationship ends
Relationship breakdowns are frequently stressful and emotional times for everyone involved, including the children. It is crucial to put the children’s needs and feelings first when going through a divorce, civil partnership dissolution, or unmarried breakup.
The best childcare arrangements after a divorce are those that the parents have worked out among themselves, without the involvement of the courts. Although this is something that is always encouraged, it is not always possible.
Even if you are just starting a breakup or are still debating ending a relationship, Berkson Family Law can help if you want to know your options with regards to child arrangements.
Our knowledgeable lawyers will attentively listen to your requirements and worries before giving you professional legal advice.
A letter from your ex-partners solicitor’s might be unsettling and intimidating however you can get help from Berkson Family Law.
Grandparents, for example, who want to make sure they stay in contact with the children after a relationship ends, can also seek legal advice from Berkson Family Law’s Divorce Solicitors Liverpool.
The knowledgeable and experienced solicitors at Berkson Family Law’s Divorce Solicitors Liverpool will see that you obtain impartial, qualified legal advice tailored to your particular situation and will walk you through the entire process from beginning to conclusion. Always putting you and your children first, is where we start.
FAQ - Divorce Financial Proceedings
How to start divorce financial proceedings?
Early legal advice from a qualified professional can have a significant impact on how your case turns out.
Prior to commencing any court proceedings your solicitor will attempt to settle matters on your behalf. This is the most cost effective way of dealing with financial matters.
If this proves unsuccessful then the next step would be to meet with a mediator and therefore you will be able to make an application with the court to begin the divorce financial processes.
There are specific circumstances, such as if there has been domestic abuse between you and your husband, where consulting a mediator prior to starting divorce financial processes at court is not required.
Berkson Family Law’s Divorce Solicitors Liverpool specialise in assisting individuals through this process and are aware of the difficulties that dealing with all assets to include, pensions, foreign assets and investments can provide, particularly when settling financial matters and negotiating the divorce settlement.
How to negotiate a financial settlement and the dangers of getting it wrong!
Divorce proceedings may be very time consuming and emotional. Couples occasionally struggle to communicate without bickering, especially when money is involved.
Couples may find it challenging to come to decisions regarding their financial settlement after emotionally intense discussions.
Asking a lawyer to act for you during negotiations can significantly reduce your stress during the divorce process. You won’t need to directly talk finances with your husband because your solicitors can handle this for you at your request.
Additionally, your lawyer will be able to advise you at every stage of the negotiation to guarantee that you receive the greatest possible financial settlement.
Sometimes, having a lawyer negotiate on your behalf can provide you the separation from your spouse that you so desperately need.
In order to get the best result for you, Berkson Family Law’s Divorce Solicitors Liverpool have a team of lawyers who specialise in working with individuals, including individuals of high net worth and are very competent at negotiating on your behalf. If a satisfactory settlement cannot be achieved, we are skilled at litigating your matter and, if necessary, can offer advice regarding court proceedings.
What do I need to think about next with regards to the financial settlement?
If you have decided that you want a solicitor to handle the financial aspect of your divorce, then your solicitor will ask you to gather financial disclosure which is information about your assets, liabilities, and income.
Usually, a Form E with your financial details will be required of you. After that, your solicitor will swap your financial information with that of your spouse.
After this has occurred, your solicitor will be able to provide you with advice with regards to a fair and reasonable financial settlement and start negotiating on your behalf.
Berkson Family Law’s Divorce Solicitors Liverpool specialises in negotiating on behalf of individuals including wealthy individuals with global assets and investment.
Our knowledgeable team knows how to obtain the best result for you in high-net-worth discussions.
We can also assist if you believe your partner is hiding assets or if you believe your partner believes you have more assets than you actually do.
My ex-partner won't be truthful about their financial situation
“I am concerned that my ex would try to hide money and won’t be truthful about their financial situation. They have also claimed that because they have a decent career and are well-connected in the neighbourhood, the court will trust them rather than me…”
This is a typical worry for a lot of people. Courts, family lawyers, and other legal professionals all have a lot of experience with cases like this. The information that must be communicated with the other party and given to the court is very clearly outlined. If relevant disclosure is not provided, then sanctions may apply. We are accustomed to assisting those with similar situations to the above and we are able to provide you with advice should you believe this will happen in your case.
Can I deal with financial matters myself?
It is always advised that you must seek legal advice with regards to financial matters. Only a court can approve a financial agreement and make it legally binding.
It is therefore important that any agreement is correctly drafted to protect your position in the future and ensure that the agreement can be enforced if the other party fails to adhere to the agreement.
Further, only a lawyer can properly advise you with regards to what is a fair and reasonable financial settlement.
FAQ - Divorce Costs
How much is this going to cost?
At your initial appointment you will have the opportunity to discuss costs with your appointed solicitor. Costs will vary from case to case and will depend on what work a solicitor will be required to undertake on your matter.
Generally, you will be required to pay a sum of money prior to the commencement of your case and thereafter you will be invoiced on a monthly basis or at any limits you request.
From what I've heard, going to court will cost me thousands?
Solicitors will usually provide rough estimates of how much a case might cost if matters proceed to court. The figures provided are generally based on the worst-case scenario and can therefore seem high.
Usually the cost is spread out over many months which will make any costs more manageable.