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.
Going through a separation or divorce can be a very difficult time, with lots of emotions and complexities involved.
One thing that many people question is where they will live next, and when is the best time to make the move. Whilst waiting for a divorce to finalise, you might have found the perfect home to start over in. A new place to gain your independence in.
But, before the court has decided on the division of marital assets, it might be wise to hold off before buying a new house.
Divorce proceedings can take just a few months if everything is agreed on, although, they can drag out for years if there are arguments about the dividing of property and possessions.
There is always a period of time between the divorce being filed and the divorce being finalised. During this time, the court’s decision on the division of your marital assets and finances has not yet been finalised.
Buying a new house after separation, but before divorce, can therefore be a risky decision to make. If you are considering buying a new home, it’s advisable to first make sure you know your rights before moving on to the next phase of your life.
Buying a new home before a final order has been made could mean that the court take the value of that house into account when deciding on how to divide your marital assets. Anything bought during the marriage, which does not end until a final order is issued, is classed as a marital asset. This means that your ex-partner could put forward a claim for the value of your newly acquired property.
In most cases, you should not buy a house until your divorce is finalised. This way, you will be able to live much more comfortably with a better assurance of your financial situation – and also put behind any stress of your divorce more easily.
Leaving your house is, for many, one of the biggest and most significant steps throughout the whole divorce process. Often people are worried who gets the house in a divorce, and rightly so! Whether it’s due to the fact that tensions are running high with your spouse or you don’t want your arguments to impact your children, it’s important that you really think about whether moving out of your home is the right thing to do. Moving back into the marital home is often, emotionally at least, a very difficult decision.
Sometimes, it’s necessary for couples to live apart in order to get that breathing space that could give the negotiations surrounding the financial settlement the best chance of success. Other times, one party moving out serves to heighten tensions further.
Above all, deciding whether the time is right to leave your house is a very personal decision and it’s important to consider what is best for you and your family.
When buying a house while getting divorced, it is good to understand the details that could affect your decision. During a divorce, three applications will be made to the court. These involve:
Most divorce solicitors will advise you not to apply for the decree absolute, or buy a house until you have settled your finances. Usually, couples do not divorce for a considerable amount of time after their separation, so there might be some time to wait until buying a house after separating.
For a full breakdown, read more about the full divorce process.
Before thinking about where to move next, there are important considerations to make about your current home first. Having certainty on what is happening with your current home will help you make a better decision moving forward with your new home.
First, decide whether you will:
To ensure you are making the right decision, it is strongly advised that you wait to buy a new property until after your divorce is final and a financial order is made. This way, your ex-spouse cannot claim rights to the value of your new home at a later date.
It’s vital to know your rights to property after separation, as this will help you make a more informed decision on your next steps.
If your house is in joint names, your spouse can’t sell it without your permission.
If your house is not in joint names but you are occupying the house, the legal owner of the house will not be able to sell it free from your claims.
Obviously, if you no longer reside in the house, it could be that you are no longer protected by this rule. As such, it’s important to make sure you have legal protection by registering your rights.
During the divorce process, many couples feel more comfortable living separately rather than together in the marital home. Because of this, it can be difficult to figure out where to live during divorce proceedings.
Whilst there is the option to continue living in your marital home, it’s important to consider whether your spouse will live there too and whether you are both comfortable with that.
If you do plan to remain in your home, yet your spouse is the one that owns the home, you can register a notice of home rights. There is no cost to register, and it is extremely important to do this to prevent the sale of the marital home without your knowledge.
By doing this, you can protect yourself by maintaining your living situation until you are further along in the divorce proceedings.
Also, this is not the time to rock the financial boat. It is important to keep your financial circumstances as motionless as you can. It is not advisable to continue building more equity that your ex could potentially make a claim for. Stay in your current home if it is at all possible.
If remaining in your marital home is not an option, there are many alternatives available:
Deciding when or if to leave your house can be one of the most difficult decisions you will have to make during the divorce process. Speaking to an experienced divorce solicitor can help you to ensure that you are making your decision with all of the facts at hand.
If you do decide to buy a house while getting divorced, there are certain processes you should follow in order to minimise your risks. This should be a very carefully weighed up decision, as there is no way to completely rule out the risks posed to your finances and assets.
Ensure that all documents are signed and dated in your name, and your name only. From the start of the property buying process and throughout, it’s important to sign all documentation in a way that does not involve your ex partner.
Do not use funds from a marital joint account to buy a new property. Use separate funds to cover every cost. If you do not own a separate bank account, you should create one to avoid the risk of your ex partner having partial rights to the property.
You should also request a written legal property agreement from your ex partner that outlines your sole ownership of the new house. This will help clarify that the new property is yours, and yours alone.
If your ex partner rejects your request to sign a legal property agreement, this could be a bad sign that they are seeking partial ownership of the new property. In this case, you should certainly wait until after divorce before buying a house.
At Austin Kemp today, our divorce lawyers have years of experience with divorce and family law cases. We help you protect the assets you have acquired with expert legal advice.
We can make sure you have everything you need to go forward confidently in your new life, and eventually your new home. Find local divorce lawyers with us today.