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Divorce can be a complex and emotionally challenging process if you do not take expert advice. However, it doesn’t have to be that way. 

At Berensen’s we aim to take a very sensible and non-confrontational approach to avoid where possible conflict or unnecessary emotional upset throughout the whole process of your divorce.

That requires careful consideration of various legal, financial, and personal factors. Whether you’re just starting to think about divorce, or you are already in the midst of a divorce, understanding your rights and options can help you navigate this difficult time more effectively. 

Below, are the key aspects of the divorce process.

1. Types of Divorce and Legal Processes

Divorce proceedings can vary greatly depending on whether the divorce is uncontested, contested, or mediated:

• Uncontested Divorce: This type of divorce occurs when both parties agree on all major issues, including asset division, pensions, spousal maintenance, and child custody. It is typically the quickest and least expensive option, often requiring minimal or no court involvement​.
• Contested Divorce: In cases where spouses cannot agree on key issues, a contested divorce may be necessary. This involves court hearings where often a judge makes decisions about your money , house and pensions . Contested divorces are generally more time-consuming and costly due to legal fees and extended court proceedings​.
• Mediated Divorce: Mediation involves a neutral third party who helps the couple negotiate and reach an agreement. This process can be less adversarial and more cost-effective than a contested divorce, allowing both parties to retain more control over the outcomes​.

2. Financial Implications of Divorce

Understanding the financial consequences of divorce is crucial for both short-term and long-term planning:

• • Property Division: In many cases, marital property is divided according to the principle of needs and equitable distribution. This means that assets are divided in a way to allow where possible both parties to move on with their lives and start again,
  • Spousal Maintenance: May be awarded to one spouse if there is a significant disparity in income. The amount and duration depend on factors like the length of the marriage, the standard of living established during the marriage, and each spouse’s earning capacity. 
  • Pensions: If the parties cannot agree on a fair division of the pensions, then an expert may be involved in writing a report to direct how the pensions should be shared between the two parties. Pensions can be a source of argument between parties especially if one party has worked their whole life to generate the pension. Here at Berensen’s we can help you navigate such matters. 

• 3. Impact of Leaving the Marital Home

Deciding whether to leave the marital home is a significant decision that can have legal and financial consequences:

• Legal Considerations: Leaving the marital home can be a difficult time, before you make such a decision you should take legal advice from a solicitor. Each individual case is different from another and once again here at Berenson’s we have great expertise in helping you navigate decisions such as leaving the matrimonial home.
• Practical Concerns: Staying in the marital home can be advantageous during negotiations, as it may prevent additional complications and expenses. However, if staying in the home poses a risk of violence or emotional distress, it is crucial to prioritise personal safety and seek legal advice on the best course of action.

4. Preparing for Divorce

Preparation is key to navigating the divorce process effectively:

• Gather Financial Documents: Collect all financial records, including bank statements, tax returns, mortgage documents, and investment accounts, and pensions. This documentation is essential for accurately assessing marital assets and debts​.
• Consider Future Living Arrangements: Think about where you will live during and after the divorce. This includes understanding your rights regarding the marital home and planning for potential housing expenses.

Our Expertise in Family Law

At Berensen’s, we specialise in all aspects of family law matters, including:

• Divorce and Cohabitation Disputes: Whether you are married or living together, our team can help you navigate the legal processes and protect your rights.
• Financial Settlements: Divorce can involve complex financial matters, especially when it comes to locating hidden assets, valuing businesses, or dealing with overseas properties and significant pensions. We provide thorough and meticulous financial settlement services to ensure a fair distribution of assets.
• Pre-nuptial and Post-nuptial Agreements: Can protect your assets and clarify your financial arrangements with comprehensive pre-nuptial and post-nuptial agreements, tailored to your unique circumstances. The Courts still retain overall control over pre and post nuptial agreements and each individual case will be discussed with you in depth should you wish to put in place prenuptial or postnuptial agreement.
• Arrangements and Disputes Concerning Children: Our lawyers are skilled in handling sensitive issues involving disputes over children such as living arrangements and when the parents will see their children, always prioritising the best interests of the children involved.

The Importance of a Strong Lawyer-Client Relationship

Family law cases often have significant financial and emotional impacts. Therefore, it’s crucial to have a lawyer who not only understands the legal intricacies but also provides compassionate support throughout the process. At Berensens, we believe in building strong, trusting bonds with our clients. We are committed to securing the best possible outcomes, whether it means negotiating a compromise or standing firm when necessary.

Our team is dedicated to providing clear, concise guidance on all aspects of your divorce, helping you understand your rights and options. We pride ourselves on being approachable and supportive, ensuring that you feel confident and informed every step of the way.

Why Choose Berensens?

Choosing the right legal team is vital in family law cases. At Berensen’s, our partner-level solicitors bring a wealth of experience and expertise to your case. We understand the complexities and sensitivities involved and are here to support you through this challenging time.

If you’re considering a divorce or need assistance with any family law matter, contact Berensens today. Our friendly and experienced team is here to help you navigate the legal landscape and secure the best possible outcome for you and your family.

Feel free to contact us to arrange a meeting. We’re here to help you every step of the way.