Find expert divorce advice with Gillbanks Family Law
PUBLISHED: 10:03 07 October 2019
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A divorce or separation is one of the most difficult things anyone can go through with wide-ranging ramifications for you and your family. To help make this process run as smoothly as possible Gillbanks Family Law have given us a small insight into the expert advice and guidance they provide
"When a relationship breaks down one party might be ready to move on but the other party may still be struggling to come to terms with the separation, often making it difficult to make rational decisions," says Vanessa Gillbanks, managing director of Gillbanks Family Law based in East Bergholt.
"We have over 30 years experience in dealing with financial settlements, separating couples and relationships breaking down, a crucial grounding in being able to mediate, negotiate and run complex, sensitive proceedings."
With settlements or arrangements taking upwards of three months to conclude, such mediation, negotiation and advice will be very important in keeping on top of everything throughout this protracted period.
How does a divorce settlement work?
The length and complexity of judicial separation or divorce proceedings is largely due to the process of determining and dividing family assets including bank accounts, property, shares, investments, pensions and more.
The starting point is to divide these assets equally between both parties but the court can move away from equal division if certain factors are present in the case. Such factors include:
- Income, earning capacity and financial resources of each party
- Future financial needs, obligations and responsibilities
- Standard of living prior to breakdown of marriage
- Contributions - whether financially or otherwise - made to the welfare of the family
- Individual conduct and whether it occurred before or after separation
- Welfare of young children if there are any involved in the case
"In reality, the decisive factor in the majority of cases is the reasonable needs of the parties and the children of the family," says Vanessa.
"In some cases these factors work against each other and counter each other out. In other cases they can mean it is necessary or more appropriate for an unequal division of the family assets."
If one party wishes to preserve some of their assets - perhaps a pension acquired pre-marriage - then there can be the option to offset this with other family assets. This is only possible if there are other assets in the family pot sufficient to meet the requirements of the offsetting.
Once a settlement is made into a court order it is unlikely that it can be renegotiated or challenged says Vanessa. "If one party has not disclosed a material fact and this fact would have made a substantial difference to the outcome then the case could be looked at again."
Handling proceedings with sensitivity
"If there are children within the family that is separating this will inevitably intensify the emotions. It is very important not to take action out of spite as that might go against what is really right for the children involved," says Vanessa.
When children are involved in separation cases their welfare must always be at the heart of every decision made.
There will be a considerable period of adjustment for all involved and keeping spite out of the case will help all parties focus on what really needs to be sorted.
Gillbanks Family Law offers a very personal service and throughout your case you will only ever deal with one lawyer, avoiding the need for you to repeat stories or issues again and again.
As a family law firm who have dealt with a number of high-capital cases and high-profile personnel, Gillbanks Family Law have a proven track record of mediating cases with discretion, professionalism and efficiency.
Beyond the formalities and technicalities of the proceedings, your welfare and the welfare of children involved will always be paramount.
This aspect is where Gillbanks Family Law excel and you can be sure that their specialist lawyers will guide you expertly through this difficult period.
Vanessa says: "Clients often seek short-term relief or remedy and family lawyers need to be able to guide their emotional clients forward in a rational and sensitive manner."
Gillbanks Family Law are specialist lawyers in divorce, separation, financial, children and all aspects of family law. Operating on the Suffolk and Essex border, but they can assist clients throughout the UK and throughout the world.
For more information about Gillbanks, the company's history and the services the provide, please visit this link. Alternatively you can call them on 01206 299282 or email them on firstname.lastname@example.org.