Bradwell & Co Solicitors

Divorce often means that money and property are at stake. What seems like an easy solution between you and your spouse whilst you were under stress may be regretted later if you attempt to sort this out on a DIY basis without professional advice.

Divorce is rarely just obtaining a piece of paper to confirm you are now divorced. Just one example is that if a spouse applies to the Court to make the Divorce, "Absolute," before property has been sorted out, and crucially blessed by the Court, you may lose out. Another example is that there also may be serious consequences if a spouse remarries before the financial matters have been settled and crucially endorsed first by a Court Order in Divorce proceedings. Professional advice is wise as early as possible.

On Divorce, the assistance of a Valuer may be needed to value the Matrimonial Property. If you and your spouse cannot reach agreement as to who the Valuer should be, the Divorce Court is likely to appoint a Valuer for the parties, appointed in default of agreement by The Royal Institute of Chartered Surveryors.

A valuation report prepared for the purposes of Divorce, should be a professional document designed to assist the divorcing couple and if necessary the Divorce Court. It is therefore a very different execise to inviting various Estate Agents to value your matrimonial home for the purposes so far as the Estate Agent is concerned of possible sales business where various informal value figures are suggested as possible selling prices by various Estate Agents looking to secure your business. Caution should be exercised.

The Court will decide the division of matrimonial assets, based on what is fair and the parties reasonable needs. Factors such as the length of the marriage, the contributions of the parties, including raising children, and any financial misconduct may be taken into account.

We can advise on how a Judge may split the matrimonial assets and help you decide whether to offer or accept a settlement with your spouse, in advance of the Divorce Court decision, to give you the opportunity to save time and money.

The Courts generally prefer parties to a Divorce to have received independent legal advice, before they will ratify by Court Order a proposed agreed settlement of the division of matrimonial assets and other financial matters. The Judge may not agree to your proposed settlement, unless legal advice has been taken first.

It is therefore wise to seek legal advice before undertaking an informal arrangement that has not been ratified by the Court.

There are also dangers of misunderstandings between the parties to a divorce, if an informal arrangement as to division of matrimonial financial assets is agreed on divorce or separation with your spouse, without legal advice or approval by the Court which may bring unnecessary complications later.

If you have married, any previous will made before marriage is invalid. If you are thinking of divorcing, but not yet divorced, should you die before you are divorced, your assets may not be inherited by whom you would wish. Making a will may assist.

Mr X had an adult son from a previous marriage. He had remarried and was separated from his second wife. Mr X had told his son that he planned to leave his estate when he died to his son, but Mr X was healthy and relatively young and did not expect to die and so had not made a will. He had no other children.

Unfortunately Mr X died suddenly in a car crash. His second wife, from whom he had been separated for some time, inherited his estate under the Intestacy Rules, which generally apply if the deceased has not made a valid will.

There may also be tax reasons which mean making a will is extremely beneficial and timely, and with skilled drafting a will may prevent huge problems for your loved ones after your unexpected death.

Too often on the separation of a cohabiting couple it is assumed that the parties have no rights to property or "maintenance". We can advise you on possible financial entitlement on the breakdown of a cohabitating relationship often wrongly called common law marriage.