Divorce or separation can often lead to bitter disputes about your assets. That is why professional advice from specialist divorce solicitors is so important.

You will have choices to make. For example, if you separate you may decide to sell your home and share the proceeds. Or one of you may buy-out the other's share. Or you may wish to keep the family home until the children reach 18 or finish their education.

In addition, there are also future issues to think of, such as what happens to your property when one partner dies?

Can the courts decide who gets what?

During divorce or judicial separation the courts can divide up the assets as they see fit. This is called 'ancillary relief'. It does not matter whose name the assets are in. They could simply be handed over to the other partner.

The factors governing the Court’s decision are contained in s25 of the Matrimonial Causes Act 1973 and in Case Law (decisions made by Courts in other cases) A specialist Divorce Lawyer will understand these factors, and will be able to advise you on your particular case.

Questions we are often asked include:

• Does the Court have to be involved?
• What will happen to the pensions?
• Does the family home have to be sold? How will the proceeds be divided? Can a sale be deferred?
• How will other property and assets be divided?
• What about inherited property or future inheritance expectations?
• What about money or property acquired before the marriage?
• What is the likely level of maintenance for spouse and/or children?
• How will future maintenance be protected?
• How will school fees be provided for?
• What happens if either husband or wife cohabits or remarries?
• Does it have to be a divorce or is a separation agreement a suitable arrangement?
• When might there be an emergency application to freeze assets?
• What are the implications for divorce where there is a private limited company or a partnership?
• What if he/she is hiding assets here or abroad?
• What if monies are held in complicated trusts possibly offshore?

But what if we have a pre-marital agreement?

Prenuptial agreements do not have binding force in UK law, but they can be taken into account depending upon the circumstances in which it was entered into and its contents. Click here for more information.

Can a court decision be avoided?

It is possible to settle your financial matters in the way you wish with a Consent Order. This is an agreement that can be drawn up by your solicitors and approved by the Court.

Click here for more details.

What happens to the property if one of us dies?

If you and your partner hold your property as 'joint tenants' and one of you dies, the property will automatically pass to you. This will override any Will that has been made expressing different wishes.

To avoid this happening, we can 'sever' the joint tenancy. You will still have joint shares, but will be 'tenants in common' and the wishes of your Will must be taken into account.

If you do not know how you hold the property, we can help you find out through the Land Registry.

What next?

It is advisable to talk to our team of specialist divorce lawyers about resolving your financial matters in the best way for you. Please contact us on 01727 798000 or by email to arrange an initial appointment.