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.
Protecting finances during divorce is one of the main concerns that our clients come to us with. This is understandable, as uncertainty in this area can cause some distress.
Before we can look at how to protect finances during divorce, we need to understand that the prospect of untangling a long financial history with a spouse can seem like a formidable task. As daunting as it may be, it is important to begin the process of dealing with the family finances as early on in the divorce process as possible.
Gaining a good understanding of your financial situation now, and what it may look like after divorce, is a key part of the divorce process.
Knowing exactly what your financial situation looks like is essential. That way, you’ll be able to make plans for how to deal with the financial implications of your divorce.
Write down any assets that you have bought together. Have you taken out any loans to fund these purchases? For example, do you and your spouse have a mortgage together?
Include any investments that you have made as a couple, such as any shares you have bought.
It’s vital to agree how you are going to deal with any bills while the divorce is going through in order to avoid running up debt or damaging your credit rating.
If you’re sure that you and your spouse are going to go your separate ways, it’s wise to make contact with any loan providers or banks with which you and your spouse have joint loans or bank accounts.
They should be able to advise you of what your options are with regard to your accounts and loans. For example, your bank could offer you the option of freezing any joint accounts.
If you are not yet married, pre-nuptial agreements, also known as pre-nups, enable you and your future spouse to specify what should happen to your assets if you divorce. A pre-nup which includes your business, may help to avoid any future issues.
If you are already married, a post-nuptial agreement may be possible.
Although these agreements are not legally binding, they will usually be taken into account by the courts, as long as certain procedures have been followed.
If you are worried about how your business will be affected by your divorce, it is highly recommended that you seek legal advice from a specialist solicitor.
The family home can often be one of the largest, if not the largest, asset in a divorce settlement. If the family home is owned solely by your spouse, it may be possible to register your interest in it to ensure that it is not sold without your knowledge. Speak to your solicitor for more information about this.
There may also be instances when you would want to change the way the family home is owned. For example, if you are ‘joint tenants’, your spouse may get your share of the property if you die before the divorce is finalised.
If you’re renting your family home, who is responsible for the rent and how long you can live there (or conversely, how long until you can leave the tenancy agreement) will depend on your contract. If you want to leave before your tenancy agreement is up, you could try to talk to your landlord to see if they’d be willing for you to do this.
Is it owned by only one of you or is it owned jointly?
If the family home is owned by only your spouse and not you, you should be able to register your interest in the property. If your property is registered with the Land Registry in England and Wales, you can use a ‘home rights notice’ to do this. If your property isn’t registered, you’ll need to apply for a ‘class F land charge’ at the Land Registry.
Once you’ve done this, your spouse won’t be able to sell the property, or even get a larger mortgage on it, without you being notified.
It’s worth remembering that just because the house is in your spouse’s name and not yours, it will still be part of the ‘pot’ of marital assets when it comes to negotiating your financial settlement. Your spouse cannot leave it out of the marital assets just because it is in their name only.
If the family home is owned by both you and your spouse as joint tenants – where you both own the property equally – you may want to change the ownership to tenants in common (where you both own a share). This way, your share of the home isn’t automatically passed to your spouse if you die before your divorce is finalised.
Then, if you have a mortgage, you should tell your mortgage lender of your separation. If your name is on the mortgage, you’re liable for the whole of the debt – whether your spouses’ name is on there or not.
If you owned the property before you married your spouse and it is in your sole name, this could make a difference to your settlement. If this applies to you, you must get specialist legal advice.
Making sure your family home is protected is an important part of the divorce process. If you’re worried about your position it’s best to get expert legal advice as early on as possible.
For more information on this subject please visit our Legal Library.
Your divorce and business settlement can be a complicated matter to resolve. Whether you’re going through the divorce process or are about to get married, it’s vital to understand the possible implications for your business. Under English and Welsh law, when considering divorce and business settlements, a business is usually seen as a ‘matrimonial asset’ when it comes to a financial settlement upon divorce. As a result, your business may be included as part of the financial settlement.
If you and your spouse were unable to reach an agreement about your financial settlement (how your assets would be divided upon divorce) and the family courts were asked make the decision for you, there are a number of possible outcomes, including:
Sometimes, it may be necessary for two people who are divorced to regularly be in touch with each other to deal with business issues. Obviously, this may not be ideal, especially with the courts’ emphasis on clean breaks, but in some circumstances there may be no other suitable options.
It may be possible, in some circumstances, to go to court to ask a judge to stop your spouse from selling or transferring any assets or moving them abroad when dealing with your finances during divorce.
This is a highly complex area of law, so it is vital to seek advice from a solicitor if you are concerned that your spouse is about to do this.
Asking a judge to decide your financial settlement upon divorce should normally be viewed as a last resort. Not only can going through the courts be time-consuming and costly, it ultimately takes the final decision of how your assets should be divided out of yours and your spouse’s hands and into the hands of a judge.
Reaching an agreement outside of the courts is usually the preferred option. This way, you and your spouse may be able to work towards an agreement that both protects your business and provides a financial settlement with which you are both satisfied.
If you are unable to decide how your assets should be split between yourselves, there are other options available. Mediation, for example, where an independent third party aids discussions between you and your spouse, can be helpful in some circumstances.
Collaborative law, a series of 4-way meetings between you, your spouse and your respective solicitors, may also help you to reach an agreement with your spouse.
Deciding whether to negotiate your finances during divorce yourself or get your solicitor to negotiate for you is a big decision for many people. As with everything, there are both advantages and disadvantages.
One of a few downsides to getting a solicitor to negotiate your financial settlement on your behalf is expense. Depending on your situation, negotiations can take a long time. As most solicitors charge by the hour, this can end up running into a large bill. However, a good solicitor negotiating on your behalf can help you settle your finances during divorce in your favour. Some solicitors will also offer fixed fee negotiations.
Sometimes, solicitor negotiations can make things more difficult and tense between you and your spouse. A specialist solicitor should be able to keep this to a minimum through effective negotiations.
You could also feel that you have lost control of your negotiations of your finances during divorce if your solicitor is doing your negotiations for you. If you hire a good solicitor then they should make sure that you still have input into and control of the negotiations and indeed the divorce process as a whole. Austin Kemp’s experienced solicitors can talk you through the pros and cons to help you make the right decision for you.
Our expert divorce and family law solicitors can help you with a range of legal issues, including:
For more information on the divorce process call our expert mediation solicitors on 0845 862 5001 or email firstname.lastname@example.org.
Our expert mediation solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings/conferences as and when required in:
Please contact us for more details.