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Divorce is difficult. We’re here to help you untangle the knots.
Our family law solicitors offer a range of legal services dealing with children’s matters.
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.
There are various reasons why you might want to delay issuing divorce proceedings, from not wanting to have to apportion blame to the cost of dealing with matters. However, there are several very good reasons why you should avoid delay if at all possible, some of which we will explore below.
The process of divorce separates you from your spouse, however this does not mean you are completely separated. Unless you obtain a financial order from the Court, you may still be financially linked to your former spouse and you are vulnerable to them making an application for financial remedy.
In terms of a financial link, this could be anything from joint bank accounts to joint loans or credit cards. For example, if you have separated from your spouse and they have agreed to take over payments of a joint debt, you are still vulnerable as creditors will look to recover any debt from you in the event of a default. Further, if you have a joint account and your spouse incurs an overdraft, you will be jointly liable for this debt.
Turning to the situation where you remain married or where you divorce but do not deal with the finances, you remain vulnerable to a claim from your former spouse. Even if you have limited resources now, your financial situation may improve or you may come into a lottery win or a large inheritance in the future. While there are arguments to exclude post-separation wealth, the court has a wide discretion and the only way to be completely sure you are protected is to deal with your finances by making an application to the court.
While you may know your spouse very well, in our experience you can never tell how a person will react when it comes to divorce and financial separation. Even the most placid person can react in unexpected ways when faced with the potentially emotionally charged situation brought about by a divorce.
One of the main risks is one party dissipating matrimonial assets. Essentially this involves either disposing of assets with the intention of reducing the value of matrimonial assets available for distribution or being reckless as to whether the value reduces through disposition.
In the situation where the assets available for distribution are substantial, it is possible for the Court to correct this misconduct by awarding party 1 a larger percentage of the remaining assets to equalise them based on party 2’s dissipation. However, where the assets available for distribution are not as vast, there are often not sufficient assets remaining in order to do this.
While there are remedies available through the Court to rectify the situation, the simple fact of the matter is that if the money is not there it cannot be distributed. You would therefore likely have to wait for a substantial amount of time to be put in the position which would have been easily achievable prior to the dissipation of assets. Further, there is a substantial cost to dealing with dissipated assets in court and you may not be able to recover these costs from the other party.
Capital Gains Tax (CGT) is payable when you transfer an asset, such as a property, if there has been an increase in its value from the time you purchased it to the time you transfer it.
Transfers between spouses are usually exempt from CGT, however this is not the case for separated spouses. If spouses are separated, exemption from CGT is only available in the tax year of separation. If the property transfer happens after that, there may be a CGT liability.
You should always seek advice from an accountant in respect of your tax liability.
This may seem like an obvious point, but it is one worth making. Until you are divorced you can never fully move on with your life, there will always be that connection to the past which stays with you.
Further, while it may seem like the last thing on your mind at the time of separation, many people go on to meet someone else and decide to re-marry. While some websites promise a “quicky divorce”, this is a myth. The current average time to obtain a divorce in England and Wales is 53 weeks due in part to fixed time frames in law which must be complied with. You do not want to be in the situation where you have to put your wedding on hold to deal with your divorce.
A word of warning here, if you divorce without dealing with your finances and then subsequently re-marry, you fall into what is known as the “remarriage trap”. This means that you are barred from making an application to the Court to deal with your finances, however this does not mean that your former spouse is also barred.
It is therefore important to deal with both the divorce and the finances at the same time, even if you do not have any substantial assets to deal with. Entering into a clean break consent order now will cost substantially less than if your former spouse issues a claim for financial remedy further down the line and you have to engage in Court proceedings.
Austin Kemp is a specialist family law firm with years of experience in dealing with divorce and finances. We are able to advise you on the best way to deal with your matter and can support you through the process to ensure that you are fully protected. Contact us today on 0845 862 5001 to chat to one of our solicitors who will talk you through the way we can help you.
Find out how we can help you, call us on
0333 311 0925 or email us today.
We offer a free initial consulation for your peace of mind.