Name: Furley Page Solicitors Kent

Description: Family breakdown can be a time of emotional crisis for everyone involved. Our team of specialist solicitors will concentrate on what is best for you and your family. Furley Page Solicitors is recommended by The Legal 500 for advising on Family matters.

From the outset we agree the priorities for you and your family. We help you plan your future by taking a long term view.

Sometimes a divorce can affect a family business, partnership or trust. Our commercial lawyers can advise on any business related matter affected by divorce proceedings.

The divorce proceedings are quite simply the means by which the parties' marriage is dissolved.

Although the Court can resolve any issues relating to the children of the family or financial matters within the divorce neither the decree nisi nor the decree absolute will, of themselves, activate the legal procedures for dealing with these aspects of the separation or endorse any agreement with regard to finances that has been reached between the couple.

It is a common misconception that the parties must have been separated for two years or more before divorce proceedings can be issued, unless one party has committed adultery or behaved in a highly unreasonable manner.

In fact, in the current climate, it is not necessary to allege behaviour that is extreme in order to obtain a decree and it is often possible for the parties to agree the particulars of behaviour in advance or for them to be pleaded in such a form as to give little or no offence to the other party.

Similarly, many people believe that they can then only rely upon adultery which occurred prior to the separation. This is not so and where a new relationship has formed it is frequently possible to agree that the petition will proceed on the basis of adultery without naming the co-respondent.

In practical terms, if one or both parties take the view that the marriage has irretrievably broken down the principal advantage of formalising a separation within divorce proceedings is that the petition enables the Court to deal with the financial issues.

If an agreement has been reached an application can be made to the Court for an order in the terms agreed. The Court order provides, with one or two exceptions, a final division of the parties assets so that, for instance, if one party has agreed to waive their claims for maintenance in return for an increased share of property, the agreement cannot be set aside at a later date.

If there is no agreement as to financial issues, so that, for instance, the matrimonial home cannot be sold, the petition provides the means by which the Court can be invited to make orders dealing with the parties' property.

For a minority of people divorce proceedings are not available or are not a practical possibility. In those circumstances, exactly the same remedies, with two exceptions, are available by means of a petition for a decree of judicial separation. Alternatively, if the parties are not yet ready to divorce but wish to record the financial agreement which they have reached a deed of separation may be more suitable.

Category: Kent

Url: http://www.furleypage.co.uk/

Current Rating: 5.50

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