Individual
Divorce, relationship breakdown, child arrangement disputes and family issues in general can and do have a massive impact on wellbeing. As a team of highly experienced and dedicated family law specialists we also know what a difference it makes to get the right professional support from the outset – not just in terms of the result but also the difficult process that’s often part and parcel of these disputes.
Our experienced family law solicitors are highly-regarded negotiators and litigators. In our many years of work, we have supported individuals and families across the UK through these issues, functioning as a faithful guide through stressful times. We deal with cases across all levels of value and legal complexity, with considerable experience in modest and substantial commercial interests, property holdings and pensions.
We supply industry-leading legal excellence but we don’t stop there.
For us, the concept of ‘client care’ is something we put front and centre in every communication and interaction we have with our clients. When you work with Gorvins, you can expect the following from us:
As well as being adept at proactively and vigorously pursuing your objectives via legal proceedings, we equally recognise the importance of dialogue and mediation. We’re experienced in identifying which route may better achieve your objectives.
We ensure an enhanced service level via our specialist commercial, litigation, property and employment law departments, who’s on-hand expertise may be of direct application and benefit to your case alongside the many diverse experts and barristers that our team have developed professional relationships with over the years.
The process of separation and divorce is a difficult time for anyone, that’s why Gorvins expert family law solicitors support you through every step of the legal process. We understand the upheaval and the deeply emotional aspect of divorce proceedings and work with you to get the result you need with minimum hassle.
For help and support in your family law matter, or to book a consultation, simply contact our team on 0161 930 5151, e-mail familyteam@gorvins.com or complete our contact form on this page. We’ll get back to you promptly.
TESTIMONIALS
Patricia Robinson provided me a high quality service and counsel in my divorce proceedings in what was a complex financial case with multiple high value assets both physical and liquid.Patricia’s advice was both professional on the process, what to... Read more
March 2024
Excellent advice given and in a way that was easy to understand
February 2024
Nicola Fraser goes above and beyond for her clients.
A highly regarded Stockport practice with an enviable reputation for family law.
I mainly have experience of working with Nicola Fraser. Nicola is a stand-out partner who goes above and beyond for her clients. She is particularly good at dealing with complex matters and her no-nonsense and practical approach means that cases are ... Read more
I have always enjoyed working with the team at Gorvins. They are very friendly, diligent and have excellent attention to detail.
Gorvins are an excellent legal firm Gorvins were professional throughout when dealing with my divorce. They answered my queries promptly and managed both my child contact order, decree absolute and financial separation achieving a positive and fair ... Read more
12th June 2023
Tricia gave me the best advice possible with her professional and informed response to all of my issues. Thank you Tricia for getting the best outcome for both myself and my children.
August 2020
I really appreciated the professional, sensitive and polite manner. Communication and clarity was excellent.
London
My divorce has been one of the most difficult periods of my life and I had put off the prospect of instructing a family solicitor for some time. Nicola Fraser has been a great support and always have no-nonsense advice to help me feel that there was ... Read more
Manchester
Nicola and the family law team at Gorvins are the most amazing, informative and helpful people and I appreciate all the help they have given me on this matter.
Manchester
I would just like to take this opportunity to thank Nicola for all the help and support she provided. I could not have been happier with the service Nicola and Gorvins provided.
Family and matrimonial head Sally Leaman stands out for her calm and reassuring approach.
Sally is extremely cool, calm and collected, yet warm and friendly. Even when I was at my most delicate she was strong but sympathetic, and offered me genuine support and excellent advice.
Alderley Edge, Cheshire
I was recommended to Sally by a friend because he said Sally had represented his former wife in their divorce and Sally had achieved a better outcome for his ex-wife than his solicitor had for him
Manchester
It really is wonderful to have such a nice, efficient, experienced, clever solicitor – makes such a difference! Thank you.
London
I would like to thank you for making the whole process painless. Really appreciate your sensitivity and professionalism in the matter.
Manchester
I also wanted to express my heartfelt gratitude for your outstanding professional support throughout my divorce, financial proceedings and house transfer/purchase. You have always been 100% responsive to my questions and issues and a constant reassur... Read more
Stockport
I have been more than satisfied with the way my case was handled, so much so that we are now using the family department for another matter.
Davyhulme
Linzi has been an outstanding practitioner throughout my case. Her professionalism is second to none and always goes above and beyond; whether this is in the form of a phone call or a quick email, you are always at ease knowing she is on your side. H... Read more
I contacted Linzi Perriman, Gorvins ‘family’ Solicitor, for advice and guidance regarding my matrimonial matters. She was extremely professional, clear and concise with information whilst being caring and compassionate towards my situation. I fe... Read more
If you initiate the divorce, at the same time as making the application a court fee will be payable (unless you are eligible for an exemption). It may be that you can reach an agreement with your spouse beforehand to each equally contribute to the court fee. All other legal costs incurred in respect of the divorce application will be the responsibility of the person incurring them. The divorce process has been simplified over recent years and many people commence the process themselves and instruct a solicitor to deal with the financial and/or children aspects of their divorce, whilst checking with their instructed solicitor along the way as to when they should apply for the next stage. The legal fees you incur when dealing with children and / or finances will be in the first instance your responsibility. Dependent upon the extent of the finances and / or whether there has been any litigation misconduct, there may be scope to recover some of your costs from the other party.
In general, a straightforward, undefended divorce, where both parties are prepared to co-operate, will generally take somewhere in the region of 7 to 10 months to conclude. However, if the parties cannot agree or if one party causes a delay when completing and returning paperwork to the court this can extend the time it takes to finalise a divorce. Additional delays may also occur if there are financial issues to be addressed.
This will depend on what is involved in your case and for instance whether you are just seeking a divorce, or whether there are financial issues or a dispute regarding children to address. Costs will therefore vary depending on the nature and complexity of the issues involved; however a Solicitor would be able to give you a cost estimate at the outset of your case. In general, a divorce can be completed on a fixed rate. Any complex work is charged on an hourly basis, e.g. if an agreement cannot be reached quickly with your former spouse, the greater the costs are likely to be.
If you feel you are at immediate risk of violence as a result of harassment, then you should call the police. It is possible to apply for an injunction called a Non-Molestation Order under civil law.
A Non Molestation Order is a Court Order to prevent your current or former partner, or other family member, from using or threatening violence against you or your children. It can also prevent your partner or family member from intimidating, harassing or pestering you or instructing anyone else to do so. A Non Molestation Order is usually granted for a fixed period of time for example six months, but can sometimes be granted for an indefinite period. If you are in immediate danger, an application can be made to the Court on the same day without your partner or family member being present.
Generally, parties to undefended divorce proceedings will not need to attend Court in relation to the Divorce. However, in the absence of agreement, you or your spouse can apply for the Court to settle a dispute regarding the financial issues arising from the breakdown of the marriage. If you have to attend Court, the court will encourage you to negotiate an agreement between you and your spouse (with the advice of your Solicitor), but failing that, the Judge will make a decision. Likewise if there is a dispute regarding the arrangements for the children which cannot be resolved by other means, you or your spouse may make an application to court to resolve this.
If you are going through divorce proceedings, it is important to get a Court Order finalising the financial aspects of the Divorce.
Simply obtaining a Divorce does not automatically finalise the financial aspects.
Without a Court Order to finalise the financial aspects, any matters you may believe have been agreed with your spouse may be unenforceable, and without a Court Order, even if you think your spouse is not going to make a claim against you, they could make a claim against you in the future. Your Solicitor will discuss what is appropriate in your particular case, but it is important that any agreement is recorded in a formal Court Order.
If you have children then if an agreement can be reached as to the appropriate arrangements for the children there is no requirement to obtain any Court Order. A Court Order will generally only be obtained in respect of the arrangements for the children where an agreement cannot be reached.
This will depend entirely on the circumstances of your case and obviously each family case is different.
The Court can make orders for instance:
1) Are you married/in a civil partnership with the partner you are separating from?
Sometimes one party will buy out the other’s interest in the property so that the property is transferred into their sole name for a sum of money. Sometimes the house will be sold and the proceeds divided in some manner (not always an equal division, again depending on the circumstances of the case and for instance whether there are other assets). Sometimes one party will be allowed to remain in occupation of the property for a period of time, for instance whilst there are minor children living in the property, and the other party will retain an interest in the property which they will realise in the future, for instance when the house is sold when the children reach majority. Again it is important to take specific advice on the circumstances of your case.
2) Were you cohabiting with the partner you are separating from? If you are not married then what will happen to the house will depend upon a range of factors such as whether the property is jointly owned, or whether it is in one party’s name but the other party can claim a beneficial interest in the property. This is a complex area of law and advice should be sought on the specifics of your case. If you have children then in some circumstances the Court can order that the house is preserved as a home for the children even where the parties are not married and the property is owned by the other party. Again you should seek specific advice as to the circumstances of your case.
If you are married, then generally what will happen to the house will ultimately be resolved as part of a financial settlement within the divorce.
Your Solicitor would advise you as to this in more detail depending upon the circumstances of your case, but ultimately it may be that the house is sold in order for the proceedings to be divided in some manner, or sometimes one party will buy out the other’s interest in the property.
There is not generally a requirement to vacate the house until a financial settlement is agreed.
If, however, one party is violent or threatening to the other, then the other may seek a Court Order to occupy the house to the exclusion of the party who has been violent or threatening for a period of time.
In the majority of cases, it should have no impact on the eventual outcome as to who starts the divorce process. It can be commenced by either a joint application or a sole application. If you are the applicant (previously known as the petitioner), you will have more control over how long the divorce process lasts because this depends on when you complete certain documents with the Court. You may, for instance, be advised not to apply for the final order (this is the final document which ends the marriage) until after the finances have been settled, especially if your spouse has a considerable pension fund.
A conditional order (previously known as the decree nisi) is the initial stage of a divorce when the court is satisfied that the legal and procedural requirements to get a divorce have been met. A conditional order does not mean you are now divorced, in fact the marriage still exists.
A final order (previously known as the decree absolute) is the final step in the divorce proceedings which means the legal marriage has been fully dissolved. An individual can only apply for a final order after waiting at least six weeks and one day after the conditional order has been pronounced. Once a final order has been granted, you are officially divorced.
Mediation is way to help separating couples deal with arising issues. It is not a relationship counselling process with the aim of reuniting a couple. Mediation is a type of alternative dispute resolution (ADR) which is an umbrella term that encompasses the different processes where couples can resolve their dispute without the need to go to court.
In essence, mediation is a form of ADR where a family lawyer, or trained mediator, aids the discussion between two separating individuals to help them resolve their issues in an amicable manner. The mediator can help set a timetable and format for discussion and disclosure and help settle matters, such as finances, rather than taken it to court.
A pre-nuptial agreement is a written agreement between two partners which in the event of a divorce establishes how you would like the assets to be divided. Although often deemed unromantic, such agreements are common amongst all couples and are particularly useful when there’s a difference in the financial positions between the individuals going in to the relationship, especially if one person has:
In the event of a divorce, a pre-nuptial agreement allows to sort out your assets sensible and fairly, reducing stress and potentially saving you legal costs further down the line.
A cohabitation agreement is a legal document drawn up between two people who are about to live together or who already are living in the same property. The agreement establishes how the financial terms would be dealt with if the couple were to separate. The document can make sure the ownership of certain items are clarified, such things as the cars and specific jewellery pieces. It can also set out who the shared property would be dealt with and even how much each contributes to household expenses.
This document can prove to be extremely useful if a couple decides to separate, helping to reduce stress, arguments and costs.
There is a possibility in acquiring a financial interest in a property even if the individual is not a legal owner. If a person has made certain types of contributions towards the finances or lived there for a certain amount of time, it is possible to stake a claim. The situation, however, can be very complex particular if no cohabitation agreement has been established beforehand explaining each parties’ rights.
One of our legal advisors will be back to you shortly