WINNERS OF FAMILY TEAM OF THE YEAR, CHAMBERS HNW AWARDS 2024
The breakdown of a marriage and the decision to divorce is likely to be one of the most stressful life events that an individual will face. Dealing with practical and financial arrangements related to divorce in the midst of emotional trauma may seem insurmountable, but the right team of divorce lawyers will guide you through the legal process in a sympathetic, supportive and, above all, objective manner to achieve the best possible outcome for you during the divorce.
We will always start with what type of separation or divorce you want, and continue to be guided by your principles. Whether you’re aiming for an amicable divorce, a collaborative divorce, or a child-first divorce approach – we will guide and support you through all divorce options, seeking the calmest of outcomes for you and your family. Litigation is not our starting point, and over 90% of the divorces we manage are settled without the trauma and costs of going to court.
If divorce litigation remains the only option, you can be assured you have access to the team who has won more divorce outcomes than any other, including Supreme Court divorce cases.
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“A top notch firm that does A list work for the most influential, successful and high profile clients.”
Steps to consider for a successful divorce
Negotiating separation and divorce can be challenging, but it’s essential to approach the divorce process with clarity, empathy, and a focus on finding mutually acceptable divorce solutions.
1. Seek Legal Advice: Consult with a family law solicitor to understand your rights, obligations, and legal options related to divorce. They can provide guidance on the divorce process and help you navigate complex divorce matters.
2. Gather Information: Compile all relevant financial documents, including bank statements, tax returns, property deeds, and retirement account statements. Having a clear understanding of your assets, debts, and financial situation will be crucial for divorce negotiation.
3. Communicate Effectively: Maintain open and respectful communication with your spouse or partner throughout the divorce negotiation process. Focus on finding common ground and prioritising the well-being of any children involved in the divorce.
4. Consider Mediation: Mediation can be a cost-effective and less adversarial alternative to traditional divorce litigation. A neutral mediator can help facilitate divorce discussions and assist you in reaching agreements on issues such as property division, child arrangements, and support payments related to the divorce.
5.Child Arrangements and Support: If you have children, prioritise their needs and best interests when negotiating divorce schedules and support arrangements. Create a parenting plan that outlines each parent’s responsibilities and visitation schedule, taking into account the child’s age, school schedule, and extracurricular activities during and after the divorce.
6. Division of Assets and Debts: Work together to divide marital assets and debts fairly and equitably during the divorce. This may include property, vehicles, investments, retirement accounts, and personal belongings. Be prepared to compromise and consider creative solutions to achieve a fair divorce outcome.
7. Review and Finalise Agreements: Once you’ve reached agreements on all relevant divorce issues, review the divorce terms carefully with your solicitor before signing any legal documents. Make sure you fully understand your rights and obligations before finalising the divorce settlement.
8. Take Care of Yourself: Divorce can be emotionally draining, so prioritise self-care and seek support from friends, family, or a therapist if needed. Surround yourself with positive influences and focus on building a fulfilling life post-divorce.
Navigating separation and divorce requires patience, resilience, and a willingness to collaborate with your spouse to find divorce solutions that work for both parties. With the right approach and support, you can successfully negotiate a fair and amicable divorce settlement. Divorce is a process that demands attention to detail and emotional care, but with the correct legal advice, you can navigate divorce smoothly. Prioritising communication and mediation during your divorce can often lead to a more peaceful outcome.
Approaching divorce with a child-first mindset, if applicable, and focusing on equitable division of assets will help reduce the stress associated with divorce. With the guidance of skilled divorce lawyers, you can work through these issues efficiently and focus on rebuilding your life after the divorce.
FREQUENTLY ASKED QUESTIONS
Yes. It is open to either party to file an application for divorce. Since 6 April 2022 it is also possible for a couple who are in agreement to file the application on a joint basis.
In England the sole ground for divorce is that the marriage has irretrievably broken down. Prior to the advent of the Divorce, Dissolution and Separation Act 2020 which came into force on 6 April 2022 it was necessary to rely on one of five facts to evidence that the marriage had broken down (adultery, unreasonable behaviour, desertion, 2 years separation with consent or 5 years separation.) Since 6 April 2022 the single basis on which a divorce may be granted is that the marriage has irretrievably broken down. A statement to that effect will suffice and there is no longer any requirement to provide evidence.
Very rarely. It will usually make no difference if you are the applicant or your spouse applies or you make a joint application. However, if there is more than one jurisdiction where the divorce might take place then it may be a consideration.
It is no longer possible to defend a divorce application. The only grounds upon which a divorce or dissolution may be disputed are if a challenge is made to the validity or subsistence of the marriage/ civil partnership or if a challenge is made to the jurisdiction of the court to hear the application.
Once an application for divorce has been made, there will then be a minimum twenty-week “cooling off” period before the applicant(s) can apply to the court for a conditional order of divorce. This period is designed to give the parties a period of reflection and to endeavour to resolve issues around children and money. It is anticipated that the minimum period to obtain a divorce will be 26 weeks.
No. There is usually no need for either party to attend court.
Until a Final Order of divorce is granted by the court the marriage subsists. Up until that point it is possible to invite the court to dismiss the divorce application.
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“They are a fantastic group of lawyers. They provide excellent advice to clients, and they have strong expertise in a range of areas. They really invest in their clients; it’s a real pleasure dealing with them.”
The Family Team at Payne Hicks Beach is ranked in Chambers HNW 2023.
The directory writes that:
“Payne Hicks Beach has a highly esteemed family law department which regularly handles high-value and sophisticated matters.”
“They are uniformly first rate, from the technical ability of more junior team members with day to day responsibility on a case, to the deep experience and strategic thinking offered by the partners and more senior associates.”
“PHB are absolutely excellent. They are all extremely competent, and can handle really big cases without being fazed by anything.”
With rankings over many years in Chambers HNW, testimonials include “They’re as good as you’ll find; they’re a class act,” says a source, explaining: “They have a lot of depth to their practice. They all have great experience and are very good to deal with.”
Another comments: “They are a fantastic group of lawyers. They provide excellent advice to clients, and they have strong expertise in a range of areas. They really invest in their clients; it’s a real pleasure dealing with them.”
The Legal 500 UK 2023 describes Payne Hicks Beach LLP as a “top notch firm that does A list work for the most influential, successful and high profile clients.”
The law directory expands to say that “the department is ‘outstanding’ and garners praise for its specialist advice on the full spectrum of complex family law issues often with an international dimension for high-profile individuals, entrepreneurs, UHNWs and others including members of international Royalty” and recognises that the team “is frequently instructed in cases that go to the Supreme Court and the Court of Appeal.” “Overall it is a ‘class act with a team of great lawyers who know exactly how to run the big, difficult litigation but never lose sight of what the client wants’.”
One source comments: “The PHB family team has exceptional experience of the most complex international family law disputes. Very few other firms have this level of experience. Hand-in-hand with this the firm delivers a very personal service, giving clients the assurance that both their case and their welfare are being cared for with utmost attention.”
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