We help make the financial side of getting a divorce as simple as possible, whilst retaining what you deserve.
Our international divorce lawyers regularly advise on cases involving complex international aspects.
The breakdown of a relationship can often be a difficult and emotional time. Our separation and divorce lawyers support and offer advice on pre-civil partnership agreements, post-civil partnership agreements, civil partnership dissolution, and finances when a civil partnership ends.
Our family law solicitors are experienced in providing support for families experiencing difficult changes in their lives, including breakdowns in relationships and changes to family life.
At Austin Kemp, we’re here to help. Find out more about the divorce process, and other key information with our vast resource section.
Our industry-first Divorce Report combines numerous data sources and internal research, to bring you this specialist report.
Our expert divorce lawyers have listed questions which are commonly asked by our clients, to which we have provided an answer.
Our legal videos break down the complexity and jargon within our profession.
Our Legal Brochures detail the process for each area of Family Law. Download your brochure and learn more about what is involved in this complicated legal topic.
Our Legal Experts have written insights to help you navigate divorce and family law.
Thoroughly excellent service provided via Wikivorce. Was slightly apprehensive of how it would all work, especially at a distance. However, they were swift, efficient, immensely polite, accurate, and gave regular updates. I would recommend them to anyone.
Can't fault my experience in any way. Brilliant advice / available at short notice for any questions and most importantly swiftly achieved the desired result. Found Austin Kemp after feeling HCB Solicitors were not acting in my best interests and I was correct on all fronts - even including having an appreciation for the fact Divorce is already emotional situation. Also, rather than have to query every suggested next step and be charged for the pleasure; As I'd done a little research of my own and was able to challenge their advice - however we pay Solicitors for their expertise and need to put our trust in them. Austin Kemp thankfully achieved that for me during our first conversation I was already reassured they understood what I wanted and how best to achieve it. Resulting in 7-8 months less work and no court appearances as I had been previously advised by HCB. I THANK YOU DEARLY AUSTIN KEMP. I can start my life again earlier and with a healthier bank balance because of you!!!
Amazing service. For the first time in nearly two years I feel less in a spiral and more in control.
Thoroughly professional, straightforward, timely and reasonably priced. I would recommend this firm to anyone. Thank you Emma and Austen Kemp for a great service.
Thank you so much. You were great. I wasted so much time and money with my previous solicitors and only regret I did not contact you earlier. I have dropped a line to Paul to thank him for referring me to you. I hope you enjoyed the red I sent you as a token of our appreciation.
Austin Kemp provides a pragmatic and honest approach to the individual's journey through Family Law issues. They demonstrate a willingness and capacity to respond to challenging and unpredictable circumstances. The professional, yet personal, service is naturally client centred, but with a realistic and informed view of children's needs. And it has been heartening to have such a caring team walk beside me in the long journey.
I cannot recommend highly enough Austin Kemp as a strong, commercially intelligent and the most effective negotiators. Their negotiation skills are second to none. I have seen firsthand the excellent results this team achieves for their clients.
Just want to say thanks so much for everything. You have been brilliant and very patient. I always felt comfortable calling when asking to clarify certain points of the divorce.
I can honestly say that I am more than satisfied with the management of my case and of my then state of mind. I highly recommend this firm. Thank you.
Amandeep Kooner was not prepared to be swayed from a path of professionalism to accommodate my anxiety and frustration. He would not succumb to taking instructions tit for tat response. He ensured at all times that the response he gave reflected a dignified client with a pleasant demeanour. In so doing he demonstrated his commitment to protect and secure my interests and dignity off which I am most grateful.
Although he has a dual approached role which is business and a duty of care, Amandeep Kooner showed concerns for the level of expenditure that I had already put out with no resolve. His team contained the work to the minimum and produced the maximum results. My case was quickly progressed without compromising compassion and understanding.
Very professional service! Explained everything they were doing for my case every step of the way and really helped me to understand how we would proceed. Thank you!
Intellectually bright, hardworking and extremely professional - Amandeep Kooner took my case at it most difficult as I had come to the end of my ability to remain calm and patient. Up until I instructed Austin Kemp, I had lost all hope that any solicitor could convince me in pursuing a non-retaliatory approach as I was losing ground to allegations and fabrications. Tough, hardworking and extremely professional.
When it comes to divorce and financial settlements, spousal maintenance is one of the most common topics we are questioned about. In this article, we’ll explain what spousal maintenance is, who could be entitled to it and how you can work out how much spousal maintenance you may receive.
Spousal maintenance is the regular, ongoing payments paid from one spouse to the other as part of the divorce financial settlement.
It is different from child maintenance, the purpose of which is to support the children.
In general, those who have been married for a longer period of time may be more likely to receive spousal maintenance.
In some instances, if the marriage has been particularly long, spousal maintenance could be paid on a ‘joint lives’ basis. This means that the maintenance will be paid for life. However, this is becoming less common than it once was, as more and more couples strive for a ‘clean break’ divorce.
If a marriage has lasted for less than 5 years, spousal maintenance may be less likely to form part of the divorce settlement. Alternatively, it could be that a shorter marriage may result in spousal maintenance only being paid for a short amount of time.
However, every case is different, which is why it is important to get legal advice for your specific circumstances.
If, for example, one spouse gave up work to be the homemaker and the other spouse continued to work, the homemaker could make a case that they are entitled to spousal maintenance because they cannot financially support themselves now the marriage has come to an end.
Factors such as the age of each spouse and whether there are any children involved, could affect the amount of spousal maintenance (or if it forms a part of the financial settlement at all).
How long spousal maintenance will last and how much it will be, or whether it will form part of the financial settlement at all, will depend on your particular circumstances.
Most importantly, it is only if one spouse is unable to support themselves financially without spousal maintenance, that spousal maintenance should be paid.
As part of the financial settlement process, you and your spouse will be required to carry out full and frank disclosure of your finances.
In order to roughly calculate possible spousal maintenance, you will need to work out both your and your spouse’s income and expenditure. Make sure that you do this on the basis that you will be living apart from each other. It is also important to understand both of your potential future earnings.
Your divorce solicitor should be able to advise you of approximately how much spousal maintenance you could be entitled to receive.
Spousal maintenance can be an extremely complex area of law. It is highly recommended that you speak to solicitor for advice tailored to your individual circumstances.
Maintenance orders are not set in stone and can be changed in some circumstances. The case of Mills v Mills is a good illustration of what can happen when one spouse applies for a maintenance order to be changed.
When Mr and Mrs Mills divorced in the early 2000s, Mrs Mills received the majority of the money from the sale of their house. The business, which was the family’s main source of income, stayed with Mr Mills.
Mr Mills paid Mrs Mills £1,100 per month in spousal maintenance on a ‘joint lives’ basis. This meant that he would have to continue paying the maintenance until either one of them died or Mrs Mills (the recipient of the maintenance) married again.
Four years ago, in 2015, Mr Mills went back to court, as he wanted the order to be changed so that the maintenance payments would end on a certain date, not continue for the rest of their lives (or until Mrs Mills remarried). He also wanted the amount he paid to be reduced.
On the other side, Mrs Mills applied for the amount to be increased and for the order to remain on a ‘joint lives’ basis.
The judge found that Mrs Mills “needs” with regards to maintenance, equated to £1,441 per month. However, Mr Mills was ordered to continue to pay the £1,100 for life.
At appeal, the Court of Appeal increased the maintenance payments to £1,441 per month.
The Supreme Court decided against this at the next appeal and the payments went back to £1,100 per month.
The courts have a very wide discretion with regards to maintenance payments. Every case is different and the outcome will vary depending on the circumstances of the case.
What Mills v Mills does show us, is that maintenance orders can indeed be changed, if the circumstances warrant it. However, applying to the courts for, for example, maintenance payments to be decreased can, in fact, result in the judge deciding that the maintenance payments should actually be increased.
It can work the same the other way around too – applying for an increase in maintenance could result in a decrease. By the same token, asking for the term of maintenance payments to be reduced, could result in the exact opposite.
What all of this highlights, is the importance of seeking expert legal advice from an experienced family solicitor if you intend to apply to have changes made to a maintenance order, so that you are fully aware of what the consequences may be.
Our expert divorce solicitors can help you with a range of legal issues:
For more information call our divorce solicitors on 0845 862 5001 or email firstname.lastname@example.org.
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