This information is relevant to you if you need legal advice because you are married but you are separated or thinking of separation or divorce.

Healys can give you expert legal advice about divorce or separation whether you are resident in England and Wales or resident overseas.

If you are married and wish to separate or divorce then your options are:

• An informal separation agreement in which you and your husband or wife agree to live apart and agree how the finances are to be organised for the future. A separation agreement can be appropriate when finances can be sorted our amicably and neither person has the legal option to go for a divorce straight away.
• A judicial separation via the courts. Not a popular option but it can be useful in limited situation where one or both spouses have particular objections to divorce and neither wants to remarry or register a civil partnership.
• A divorce in which your marriage is legally ended by court order so you are free to re-marry and the finances are also sorted out either by agreement or by a court decision.

In most situations where a marriage has broken down permanently an immediate divorce is the preferred option as it provides financial certainty and allows you to plan for the future. However, sometimes it may be possible to go for a separation agreement now and a divorce later.

The finances

There is always a financial aspect to every separation and divorce. When you marry someone you become legally responsible for financially maintaining them. So when you separate or divorce you must consider the financial implications, even if it is just to agree that neither of you wishes to pursue a financial claim against the other. At some stage that agreement will have to be approved by a court as fair.

In the simplest cases a "clean break" can be agreed and both parties are free to plan for their separate financial futures.

In other cases, which a clean break may be desirable, individual circumstances can be more involved. Here are some of the situations in which Healys is regularly asked to provide expert family law advice:

• Where the family is wealthy and a husband or wife is claiming a share is beyond their immediate needs
• Where the family's means are more modest and hard decisions have to be made to achieve a fair settlement
• Where one spouse has given up work or career to look after the home or children
• Where the assets are all in one spouse's name
• Where there is a family business
• Where there are overseas assets
• Where there are debts
• Where there is a child or children with health problems or special needs
• Where one person is trying to get rid of or hide assets

In all cases our aim is to find a fair and cost-effective solution and to keep the costs proportionate to the assets involved. 

Healys is experienced in successfully negotiating and drafting separation agreements and in making and defending divorce and finance claims on behalf of both husbands and wives.

Our many years experience as specialist family solicitors and lawyers has taught us that each individual situation is different. Healys can help by listening sensitively and giving you straightforward legal advice so you can weigh up what options will work best for you.

When things are amicable we can help you keep it that way, and when things are tough we can help fight your corner. 

• A divorce does not necessarily have to be nasty or hostile.
  Many divorces and financial settlements are agreed without anyone ever having to attend court.  Healys can guide you through the procedure to help you avoid unnecessary court hearings.
• Your husband or wife may have to give you money to help pay your legal expenses while a divorce and financial settlement is progressing.
  This will depend on your financial situation.  Healys can advise you about this and about other options for funding your divorce.
• Most divorces are started by wives and are based on their husband's "unreasonable behaviour"
  Healys has many years experience in representing both wives and husbands in divorce proceedings. We can help wives to avoid a defended divorce and help husband's protect themselves from unfair or excessive allegations.
• In legal speak financial issues on divorce are called "ancillary relief"
  This includes maintenance, cash, property, investments, businesses, and pensions. There are jargon words for all of these too but we promise to talk to you in "plain English". We find it works better that way and so will you.
• You don't have to have been married in England or Wales to get a divorce here or to sort out the finances here.
  If you have divorced or separated in one country but not yet sorted out the finances it may be possible to do so here. Wives in particular may get a better deal but early expert legal advice from experienced a family solicitor or lawyer is essential.
• Your husband or wife may have to give you money to help pay your legal expenses while a divorce and financial settlement is progressing.
  This will depend on your financial situation.  Healys can advise you about this and about other options for funding your divorce.