The economic downturn has affected every household in the country. Everyone has had to tighten their belts and cut costs. Many families have found that their breadwinner has had their hours reduced or even faced redundancy.
This of course places additional strain on relationships within the family. If your relationship is breaking down or you feel that you no longer want to be with your partner or spouse you may feel trapped by your living arrangements. Many clients are concerned about the fall in the price of their house and investments. Some families have been using the interest on investments as a regular form of income and now that the interest rates have been cut they have lost this valuable asset.
Many clients have recently come to see us with the following questions…….
- Can I afford to get divorced?
To get divorced there are court fees of £300 on submission of your divorce petition and then a further court fee of £40 when you apply to have your divorce made final. We can help you as much or as little as you like with your divorce. Some clients feel that they simply want to instruct us and let us deal with everything. We understand that divorce is a life changing decision and that by passing over the matter to us for handling this can help to alleviate the emotional burden of having to correspond direct with your spouse at his difficult time.
Alternatively, if you wish to keep your divorce costs down then we can do as little or as much as you like. Some clients like to draft the relevant documents and then come into the office to have them checked by one of our experienced divorce solicitors. Other clients simply want to come in on an ad hoc basis for advice relating to divorce proceedings as and when they need it.
We are of course happy to assist in the way that suits you best.
- What about my house? If I cannot sell it can we still separate?
House prices have fallen dramatically in the past year and as a result of this the housing market has been slow, however we are seeing signs of this gradually ‘picking up’. What should be borne in mind is that while your house price may have fallen, so has everyone else’s. Therefore as long as you are selling to buy again, you should not be disadvantaged financially.
If you find yourself in the position where the house will not sell, we can write an agreement taking this into account. You may be concerned about who is going to live in the house until it is sold? Who will pay the mortgage and the bills until it is sold? what if an offer is made on the property and your spouse does not want to sell at the price offered or is being awkward about accepting lower offers generally?
Contact us on 0208 464 4242 and ask for the Family law team or email familylaw@wellerslawgroup.com
We can discuss all these issues with you and attempt to find an agreement with your spouse that will cover such matters.
- My partner can no longer afford to pay me maintenance for myself or the children, what can I do?
There are 2 types of maintenance. Spouse maintenance for you and child maintenance for the children.
If the other parent of your children is refusing to pay child maintenance then an application to the Child Support Agency can be made in most cases.
If your spouse or ex-spouse states that he or she can no longer pay you spouse maintenance then this fact would first need to be established and evidenced. If there is a court order directing your spouse to pay you maintenance then we would need to look at the terms of the order to see if there is any provision for such a situation. If there is not then we could enter into negotiations with your spouse to find the basis of the problem and then how we can resolve it. Should your spouse refuse to enter into negotiations then we could explore the possibility of referring the matter to the Court for a decision or enforcement of the earlier Court Order, if you have one.
To discuss your concerns contact us on 0208 464 4242 and ask to speak with a member of the Family law team or email familylaw@wellerslawgroup.com
- I have lost my job and can no longer afford maintenance for my spouse; can I have the terms of the agreement or Court Order varied?
This is a very real situation for a number of people. If you have been made redundant, how are you going to continue paying for your spouse when you have no certainty that you can continue to pay for your own outgoings?
We can negotiate with your spouse and attempt to have your maintenance payments reduced on a voluntary basis. This may simply be to cover the period that you are out of work or could be a long term measure, depending on your circumstances.
It may well be that you have received a redundancy payment and are looking to absolve yourself from the liability of paying maintenance to your spouse. Alternatively you may have savings and decide that you would like to affect a clean break from your spouse. We can advice you on the possibility of crystallising such maintenance payments and paying a reduced lump sum to your spouse now so that they can then invest these monies and earn an income from them rather than you continue to pay maintenance to your spouse or ex-spouse.
At Wellers, it is our intention to find the right solution for you. Every case is different; no two families are the same so we can tailor-make a divorce settlement to be put forward in an attempt to avoid costly Court Proceedings. The economic downturn is just one more factor for us to take into consideration. We pride ourselves on being able to suggest cost effective, workable solutions for you which can take into account not only your circumstances now, but also your possible circumstances in the future. Every suggestion for settlement that we put forward will be discussed with you and “reality tested” to make sure that it works for you. After all, there is no point making a settlement if no one can live with it after it is made.
For further information or to take advantage of our one hour fixed fee interview rate, please call our office on 0208 464 4242. During this appointment, we can discuss your matter and the possible options available to you. Alternatively please email your enquiry to familylaw@wellerslawgroup.com
Wellers Law Group LLP: Solicitors in Bromley, Kent
areas covered - Beckenham,Chislehurst,Croydon,Crystal Palace,Hayes,Kent,Keston,Orpington,Penge,Petts Wood,Sidcup,Kent,Tunbridge Wells,Sevenoaks
Wellers Law Group LLP incorporating Cooke Matheson: Solicitors in Gray's Inn Square, Gray's Inn, London
areas covered - London - City, Westminster, Gray's Inn, Chelsea, Fulham, Wimbledon, Surrey
