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Family law solicitors in Guildford and finances post-divorce.

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Family law solicitors in Guildford and finances post-divorce.

It is a common misconception that all family law solicitors in Guildford are the same.  We couldn’t disagree more! Here at Gregorian Emerson Family Law Solicitors we care about each and every one our clients and will always treat you as an individual.  After all, your personal situation is unique to you, so we will always listen and give you clear and practical guidance, that’s right for you and your situation.  We will never assume the details of your case and will always work with you to achieve a result that is right for you.

We totally understand just how stressful a relationship breakdown and/or a subsequent divorce can be, indeed people have often compared the situations to bereavement and we fully appreciate that dealing with issues arising from the end of a relationship can be extremely upsetting and emotional.  We will always ensure that you are treated professionally and efficiently throughout the process, as we help to guide and navigate you through it.

Using our unique legal and psychological approach our aim is, where possible, to encourage and facilitate conversations between both parties in a non-combative and peaceful environment.  This will help to resolve matters swiftly between you both, without unnecessary arguments and acrimony and will also help you to communicate effectively for the future.  Our priority will be to help you avoid conflict, especially if there are children involved.  We will always encourage dialogue where it is appropriate and will be pro-active in negotiation in an attempt to resolve matters in a way that will save you time, money and stress.  This joint legal and psychological approach has consistently resulted in early settlement in our clients' favour, thereby saving you costs.

We appreciate that these negotiations will only lead to agreement if both of the parties are willing to co-operate and engage in the discussions.  Where an agreement cannot be reached, then the court process will need to be followed to resolve the issues and we will be there throughout this process and give you expert, clear advice at each stage.  We aim to achieve the best possible outcome for each of our clients.

Our experienced family lawyers are able to help with all aspects of family law, including:

  • Divorce
  • Separation
  • Financial settlements following the breakdown of a relationship, for both married and non-married couples
  • Domestic violence
  • Distribution of assets
  • Removal of children from the family home or the threat to remove them from the UK (also known as leave to remove)
  • Adoption
  • Child custody, including visitation and contact agreements
  • Child abuse and neglect
  • Relationship breakdown of an unmarried couple, where property is involved, whether owned jointly or by one party
  • Pre-nuptial agreements
  • Changes of name

Our experienced family lawyers have earned an enviable reputation for achieving excellent results on behalf of our clients and have a wide area of expertise in dealing with all the complex issues surrounding family law.  Our testimonials speak for themselves.  We aim to avoid a lengthy and costly case at this time of heightened emotions and will always act with your best interests at heart.

Gregorian Emerson Family Law Solicitors are expert family lawyers in Guildford who have proudly been helping individuals and families for many years to achieve positive and favourable solutions to their family law matters.

In the time leading up to and just after a separation or divorce, emotions can run very high.  Things can seem out of your control and you may be facing many obstacles.  The important thing to do at this time is to try to keep everything, financially, as it is.  Make sure you do not get into any additional debt and make sure that you continue to pay your existing bills.  If possible do not change your banking arrangements at this time as it is always worrying changing banks and setting up new direct debits etc. so try not to do this whilst you are all coming to terms with the divorce.  Also changing banking arrangements, without discussing it together, can be viewed as an aggressive act on your behalf and start unnecessary hostilities with your soon to be ex-partner.  Obviously by keeping as agreeable with each other as possible and changing as little as possible in the early stages the better.  Obviously there are exceptions to this, if you feel your partner will deliberately overspend and/or increase any debts you have, then measures will need to be taken.  As experienced family law solicitors in Guildford we can talk you through any concerns you may have and help you to take any steps necessary to protect both you and your family.

Money can be very tight after a separation, you may find yourselves facing the very real prospect of running two households, with the same money you used to have available to run one.  You will need to be very careful with your spending and to be able to discuss this agreeably together will benefit you in the long term.  Don't do anything silly, like rent an expensive property or deliberately increase your debt, as the courts will take a dim view of this and it could very well impact you negatively.  If you feel like your partner may run up debts then you may need to speak to your bank, credit card supplier and put limits on.  Also if your home is in your partners name only, then you may want to consider putting a notice or restriction on it to stop your partner selling, or re-mortgaging it, without your knowledge.  Where possible you want to try to keep things amicable when discussing finances.

Once you have sorted out your financial position it will be time to think about your long term financial future.  You will both need to provide 'financial disclosure', this is basically your financial information, things like, income, bills, pensions, assets etc. You can do this informally or formally depending on your circumstances.  You can use mediation, collaborative law or divorce lawyers negotiating for you.  Here at Gregorian Emerson Family Law Solicitors, using our combined skill set, in addition to advising on your explicit legal rights, we are able to maximise the opportunity of a successful outcome through understanding the other side’s position and the value they attribute to their financial demands.  By understanding the psychology of their financial claims, we are able to achieve early and more favourable settlements and at a lower legal cost for you.

Most couples are happy to disclose their individual finances to each other and will be honest and open about their circumstances.  However there are occasions when one partner is tempted to hide assets and not to disclose them for financial gain.  They may also try to dispose of assets by transferring them into someone else's name.  These are known as 'hidden assets'.  The courts have extensive powers in these situations, to ensure that there is full financial disclosure from both parties.  If one of you is found to have hidden an asset, or assets, it will be treated very seriously and you can find yourself being penalised in a number of ways – i.e. being awarded a less favourable agreement, or being ordered to pay the other side's legal costs, which can be quite considerable.  The courts also have the power to intervene and prevent any transfers taking place and also to obtain the assets back, even after a sale.  If your case has already been finalised and at a later date it is discovered that not all the assets were disclosed, the court can re-open the case and make a different order.

If you feel your partner may be hiding assets from you it may be incredibly tempting to open their post, or go searching through their computer.  You may have done these things throughout your married life with their consent, but be mindful that now you are divorcing.  If you are doing this, without their knowledge and consent, it can be treated as a criminal offence and you can be prosecuted for it.  This could result in you receiving a criminal record, a fine, or even face a term in prison!  Whilst the family law courts do not want people hiding their assets and will deal with people that do so accordingly, you also have to act within the law to obtain information.  We can help you with information on what you may and may not do in this circumstance.

We have extensive knowledge in all areas of Family law and can help you with any questions you may have.

Contact Gregorian Emerson Family Law Solicitors.

Based in Guildford and Cobham, Surrey and Central London, we can help you . If you have a family dispute that needs resolving, we are here to help and look forward to your call.

Please contact us on 01483 826 470

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