Winch & Winch Solicitors

I am about to live with my new partner, what should I do?
Splitting up may be the last thing on your mind, but now could be the best time to make arrangements for what will happen should the relationship fail, especially if you are buying property together. We can make sure that the property is owned exactly as you both intend, thereby preventing a potentially expensive dispute if you later decide to separate. If you both want to arrange in more detail what should happen on a separation, then we can prepare a 'Cohabitation Contract' for you.

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I am about to get married, how do I protect my property in case things do not work out?
If your spouse-to-be agrees, we can prepare a 'Pre-Nuptial Agreement' for you, to deal with all aspects of the marriage breakdown, including arrangements for money and property.

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My cohabitee and I are separating, how can you help?
Whilst you do not have the same rights as you would have if you were married, there are still a number of matters that we can help you with. These include what is to happen to the property you and your partner lived in, arrangements for children (see below) and maintenance for the children (also see below).

I am separating from my spouse, but don't want a divorce, what should I do?
Assuming that the marriage cannot be annulled, there are two possibilities: a 'Judicial Separation', or simply a separation without any court proceedings, at least at this stage. If the latter, you will still want to sort out arrangements for any children finances and property, and we can draw up a 'Separation Agreement' to ensure (so far as possible) that those arrangements are adhered to.

How do I get a divorce?
There is only one ground for divorce: that the marriage has irretrievably broken down. We can advise you whether this is the case, and if so, we can prepare the divorce papers and thereafter deal with all steps in the procedure up to the Decree Absolute.

How much should I pay for the children?
Unless you and the other parent agree otherwise, the amount of child maintenance you have to pay will be calculated by reference to the formula used by the Child Support Agency. Essentially, this will mean that you will have to pay 15% of your net income for one child, 20% for two children and 25% for three or more children. There are, however, exceptions to this - we will advise you if this is the case.

We are getting divorced - who gets what?
The division of property on a separation or divorce is governed by complex rules. The starting point in most cases is that all assets, including property savings and pensions, are divided equally. However, there are many reasons why this may not be appropriate, for example where one party's needs are much greater than the other party's, or where one party has made a much greater financial contribution than the other party. We will be able to advise you in detail as to what is an appropriate settlement in your case.

Can you help me sort out arrangements for the children?
Whether there is a dispute as to with whom your child/children will reside, or you cannot agree contact arrangements, we can help you. We can also help if there is some other specific problem relating to the children, such as changing their surname, or if you are their father and want 'Parental Responsibility' for them, where you are not married to their mother. Whatever the problem, we will try to deal with it wherever possible in a constructive way, as it is usually far better to agree arrangements for children, rather than have them imposed upon you by a court.

I am scared he will be violent - what should I do?
No one should suffer violence in the home. We can help you take whatever steps are necessary to ensure it doesn't happen to you. If necessary, we can help you to apply to a court for an order forbidding your partner/spouse from using or threatening violence against you, and in extreme circumstances the court can even order your partner/spouse to leave the home.

What is it going to cost?
Whatever the problem, we will advise you at the outset of our current charging rates and we will give you an initial estimate of how much it will cost to deal with your matter. Please note, however, that we charge on the basis of the amount of work done on your matter, and it is not always possible to ascertain this at the start of the matter. If it becomes clear that the initial estimate is substantially incorrect, then we will give you a revised estimate. We also offer an initial interview of up to thirty minutes for a fixed fee of £50 plus VAT.

Why should I pay for a solicitor when I can buy a D.I.Y. divorce kit from a supermarket for £14.99?
Such kits contain little more than a set of blank forms and some simple advice, all of which you could obtain for free from your local County Court. We offer a complete service, not just filling in forms but dealing with all steps in the proceedings and advising you throughout - advice that is tailored to your particular matter. Even if you think your case is straightforward, there may well be some aspect that you have not considered, and there can be many pitfalls in even the simplest cases. It is not unusual for people who have been acting for themselves to come to us to sort out problems that they have run into - often, it costs more to resolve such problems than it would have if we had been instructed from the outset.

Can I change my/my child's name?
Generally, any adult can change their name at any time. To change a child's name you may need the consent of the other parent, or a court order - we will be able to advise you upon this. We can prepare a Change of Name Deed, which you can use as proof of the name change.