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Divorce & Separation

A family breakdown is likely one of the hardest most complex experiences you will ever go through. You know that the decisions you make now will determine your family’s future, yet it can be difficult to think straight when it seems like your life is falling apart. We are a boutique law firm specialising in achieving solutions for unique family law matters. Aina Khan is empathetic and highly skilled and can help with all matters from an amicable separation and divorce to confrontational matters and complex proceedings.

Separation – what next?

When you separate from your partner, whether that is your spouse or civil partner, you may need to work out things like:

  • where you and your children are going to live
  • how often the children will see the parent they don’t live with
  • how to divide up any money or belongings you share
  • whether you’ll be able to afford to pay the bills once you’re living separately
  • whether you want to end your marriage and file for divorce

If you’re in the UK as a dependant on your partner’s visa, you will also need to check if you can remain in the UK.

There will be a lot to think about whatever your circumstances, and you need to ensure a good level of support and sound advice to help you make the right decisions regarding your finances, your children and your future. Agreeing these issues is separate from doing the legal paperwork to end your relationship. Even if you decide to divorce, it is advisable to reach agreement on these important issues first. A lawyer or mediator can help you and if you want the agreement to be legally binding you will need to apply to court.

Joint bank accounts

In general, if you have been living together you will have fewer rights than couples who divorce or dissolve a civil partnership. Joint bank accounts are a good example. In England and Wales, money in any joint account belongs to the person who paid it in, although a person who has not paid any money in may make a claim for a share of the money if they can show that the intention in setting up the joint account was that both parties would have a right to use the money in the account.

By contrast, when a joint account is in the name of a married couple, or a civil partnership, the money belongs to both parties equally. As a first step, let the bank know about the separation and make sure that both parties need to agree to any account changes.

Getting a divorce

The rules in England and Wales changed in April 2022 so you no longer need a reason to divorce. It is enough that the marriage has irretrievably broken down, meaning it cannot be repaired.

Divorce is a legal process that can be applied for by either, or both, of the partners in a marriage, provided you have been married at least a year. It is the only way to dissolve a legal marriage.

Not all religious marriages are recognised in the UK and if this is the case, you will not be entitled to get divorced. Divorce is dealt with separately from sorting out your finances or the care of, or access rights to, your children. You will be required to fill in a number of forms that need to be filed at court and sent to your spouse, with accompanying fees.

It will take at least 6 months from start to finish as there is a prescribed 20 week wait period within the process between serving the divorce papers and applying to the Court for the conditional order. You are also required to attend at least one mediation session with your spouse.

What else should I think about when getting divorced?

Your legal status changes once you receive the final order. This means you are no longer married and are allowed to marry again. Your ex-spouse is no longer your next of kin. You might want to make a new will, change your name and let banks, mortgage lenders and other relevant officials know that your status has changed.

We understand the issues brought about by family law matters and have helped many people dealing with the same stresses as you are. We will help you work out the best way forward and negotiate calmly on your behalf. No matter how hard it gets, Aina Khan Law will stand by you and keep focused on the best possible outcome for you and your family.

For expert family law advice from highly qualified professionals, contact one of our lawyers at [email protected] or call 020 3858 8020.