Divorce & Separation Guidance
Going through a separation or a divorce can be a painful and stressful experience. Burt Brill & Cardens have decades of experience and will work hard to minimise the emotional impact of the situation and reach the best possible outcomes for you.
Divorce & Separation Services
Burt Brill & Cardens are expert divorce solicitors who strive to take the stress out of a relationship breakdown, separation and divorce procedure. We offer a personal and friendly service based on the ethos of good communication and complete transparency regarding costs. We care about your situation and work hard to ensure all legal aspects are taken care of – many couples and individuals in Brighton and beyond have trusted us to support them through the whole process.
Getting a Divorce
Guidance & Support
Getting a Divorce
If you are considering divorce, you may be worried about what will happen to your children, property and finances as well as the legal cost of any proceedings. Chances are you will also be going through the shock and pain of a break-up and be uncertain about exactly what happens next. Our aim is to help you understand your situation, answer your questions, clearly explain your options and ultimately minimise stress.
Before you can divorce you need to have been married for at least 12 months and there must have been an ‘irretrievable’ breakdown of the marriage in order for you to petition. This is based on one of five grounds for divorce.
Most people seeking a divorce will need legal help at some point. Our expert solicitors take the time to get to know your needs and to help you come to mutual agreements on what is best for you, your partner and your children. We are experienced at providing general guidance, advising on the process, and formalising any financial agreements to prevent possible ambiguity and any possible future claim. We can help you organise your paperwork and provide guidance as to the reasonableness of any proposed settlement. In the majority of cases, you and your partner will reach a mutual agreement without having to take the matter to Court for a contested hearing.
Time to Think with Clear Boundaries
If you are unhappy in your marriage or feel that your relationship is breaking down, you may be thinking about separation. It makes sense at this stage to find out your options and the facts around all the potential outcomes. If you are not able or ready to divorce your partner, you may want to consider a separation agreement. This provides you with space from your partner and sets out clear boundaries around who will live in your property, look after any children and how much maintenance will be paid. It is a good way to deal with issues in your relationship while you decide how to take it forward.
At Burt Brill & Cardens, we can help you understand your options and what may happen in relation to your assets, income, investments and provide information that assists with early planning. There is often information you can gather and certain documents you can keep that will help the proceedings. We can also discuss with you separation agreements, judicial separation as well as the possibility of divorce in the future. If you have unanswered questions about any aspect of separation then we can help. Although there is not always a black and white answer, our expert solicitors can advise you of your situation and the legal implications of separation.
Resolution without courts
Mediation allows you to start discussions, air grievances and work to resolve them without the need for the court to make decisions. In fact, courts now actively encourage couples to start with the mediation process. This is because mediation can help you reach an agreement that meets the needs of your family and specific circumstances quicker and more cheaply than going to court.
You and your partner will first have to agree to mediation. Our expert mediator will remain neutral at all times and work hard to ensure a resolution is found. Although legal advice is not within the realm of a family law mediator, reaching an amicable and successful agreement is the purpose of the meetings. The process is also quicker and cheaper than going to court.
When children are involved, it helps rebuild good relations between partners. Once you have reached agreements as to property, money and children, our solicitors can then formalise it. Mediation isn’t always appropriate and it is in these circumstances that our expert divorce solicitors can take over negotiations and deal with any court proceedings.
Security & Understanding
Pre-nups, post-nups and other family agreements
Both pre-nup and post-nup agreements are designed to set-out what should happen to you and your partner’s assets should the marriage breakdown. These agreements help provide more certainty to how assets would be divided in the event you separate or divorce. Pre-nuptial agreements are not legally-binding but are often upheld by the courts as long as certain criteria are met.
Our solicitors can explain the various options available to you and ensure that any agreement protects your interests and covers all necessary areas. It is important that you are aware of the implications of any agreement. Burt Brill & Cardens are also experts in trusts, which can also be used to help secure your assets and protect your loved ones.
Finances & Assets
Protecting what's yours
Divorce: dealing with finances and property
The settling of financial matters on divorce can be one of the most stressful parts. You will want to know about what happens to any property, how finances will be split, what costs will be involved and who pays if you go to court. It can be particularly scary to consider the financial issues that you may face following a divorce. A major concern for many couples is that they will not be in a financial position to move out and will be forced to live under the same roof.
The courts have wide powers to redistribute property between spouses and rule on the provision of ongoing financial support. In deciding the best approach, the Court will take into account many factors, including:
- The welfare of any minor child of the family.
- The age of each party and the duration of the marriage.
- The financial needs, obligations and future responsibilities of each party to the marriage.
- The income and earning capacity, property and other financial resources of each party.
- Contributions of either party to the welfare of the family.
- Any physical or mental disability of either party to the marriage.
- The standard of living enjoyed by the family before the breakdown of the marriage.
- The conduct of each person, but only if it is so bad it would be unfair to ignore it.
Burt Brill & Cardens are here to help you understand the financial implications of divorce, both short and long term, and provide support where we can.
Children & Divorce
Protection and Support
Children and Divorce
Relationship breakdowns often involve children and give rise to considerable worry and stress for everyone concerned, including the children themselves. Our experienced solicitors can advise and give guidance on how parents and other family members can protect and support any children as much as possible as well as dealing with the legal aspects of your situation. It is important that everyone works together to minimise the impact of the divorce on your children.
You are likely to have questions about living arrangements like which parent a child will live with following a divorce or separation, their contact with the non-residential parent and what happens if they then move abroad or to a different part of the UK. You may also be concerned about child maintenance and its cost. We are here to advise on these matters so that you are clear on your parental rights. If there is a dispute regarding a child that ends up in court, then a child’s best interests come first and a welfare checklist will be referred to. The court can then issue a number of orders on this basis.
Peace of Mind and Protection
Second Marriages and Remarriages
The circumstances around a second marriage are almost always more complicated than the first. There are often children from previous relationships to consider as well as assets you have acquired including property, savings, investments, pensions and businesses. Our solicitors are here to advise on the difficult emotional, financial and legal decisions around a second marriage.
Having gone through a divorce, you may be keen to make plans together with your future spouse in advance of marriage to protect both your interests. We can help with this planning including pre-nuptial agreements or even post-nuptial agreements so that you have security for those who you care about. Remarriages also have an impact on inheritance, Wills, as well as related services such as Trusts – all services we can deliver.
Life After A Divorce
What to Do Next
What to Do After A Divorce
After the emotional distress of a divorce and once all the formalities are complete and you are divorced, you then need to focus on getting your life back on track. You will have concerns about your long term financial security, where you will live and what the future may hold. At Burt Brill & Cardens, we are here to support you in any way we can. We have an associated financial planning company regulated by the Financial Conduit Authority that can help to ensure you can focus on the important things like your family and making long term plans.
Moving on straight away is not an option for many people. It is a gradual process. However, with the legal issues resolved by professionals that understand your needs, you can look to the future with optimism. There are a number of external resources, services and organisations that can help you restructure your life after divorce.
A Solicitor You Can Trust
Contact us for clear and sensitive advice in relation to all aspects of divorce, separation and family law.
Our solicitors use their extensive experience and understanding to deal with your case sensitively. They won’t burden you with legal terms and will bring your case to a resolution as soon as they possibly can.