The breakdown of a relationship be it a marriage, cohabitation or civil partnership is always difficult, and possibly the most stressful event one may go through.  If you have made the decision to separate, or divorce, we will provide objective legal and practical advice to help you through the necessary process.  We will consider the options available to you, such as collaborative law and discuss the most appropriate way forward.

The various areas that might apply are set out below and for more information on any of these please contact Julie-Ann Burger or Martin Chandler at Julie-ann@ejwinter.co.uk or martin@ejwinter.co.uk or on 01189 574 424.

Divorce; the process of divorce is often an emotional one.  We will help you through this process in an efficient and cost effective way.  For details of the divorce process please click on the following link – Divorce Procedure.

Dissolution of Civil Partnerships follows a similar process to that of Divorce and similar remedies are available.  

Separation; whether married or cohabiting, there will be issues to resolve.  If you are living together, you do not acquire the same rights or responsibilities as if you are married or in a Civil Partnership.  The myth of the common law wife, remains for the present, just that, a myth.  We will consider whether as a cohabitant, you have any claims in respect of the property in which you reside, or for the benefit of your children.

Ancillary Relief; this is the term given to the process of resolving financial issues on divorce or dissolution.  We will help you through this, providing advice as to your rights and responsibilities and helping you safeguard your financial future.

Your assets will need to be valued and the needs of both parties in the relationship considered.  This is often complex and emotive area, and we have the necessary expertise.

Pensions are often a complex subject as the pension funds of the parties may well form one of the major assets in the relationship.  Click on the following link for more information on the treatment of pensions in divorce: Pensions Options

Pre-nuptial Agreements & Cohabitation Contracts; you may want to consider a Pre-nuptial agreement or Cohabitation contract at the outset of your relationship, or consider defining the ownership of property by a declaration of trust.  Each of these will help you avoid an acrimonious dispute if your relationship should unfortunately fail.  We can help you by drafting such and thus providing security for your future.

Collaborative Law;
If you are in dispute, there are a number of options available to you as to the method and process of resolving your problems, and one such option is collaborative law.  This is a much less adversarial approach where negotiations are done face to face in four way meetings.  Your lawyer is with you throughout the meetings and thus you will benefit from legal advice throughout the process.  The collaborative process preserves the dignity and respect of a couple at a difficult time and enables a fair and often more creative settlement to be achieved without recourse to the court process.

For more information about this and other methods of resolving disputes, please visit www.resolution.uk.org/alternatives_to_court

Your partner will also need to instruct one of an increasing number of collaboratively trained lawyers; refer them to www.betterdivorce.co.uk for more information and a voucher or www.thamesvalley-collaborativelawyers.org