The Best Divorce & Family Lawyers Near You
Tracey Miller Family Law are experienced family lawyers. Tracey has been practising law for almost 35 years and for the past 15 years together with her team of senior solicitors in her own Family Law Firm, has been delivering quality family law solutions for clients of diverse situations and needs.
We provide a comprehensive and tailored family law service to all our clients. Our top divorce lawyers in Liverpool will work with you to support you through this difficult time.
You can fill out our online form and one of our friendly team of top divorce and family solicitors in Liverpool will get back to you without delay.
Family Law Solicitors in Liverpool
Our expert family law solicitors can support you will all the legal aspects of divorce or the ending of a civil partnership. We will work closely with you to find out more about your situation and provide advice on your financial position, your assets, and the arrangements for your children.
Tracey Miller Family Law’s top divorce lawyers in Liverpool specialise in all aspects of family law, including:
- Judicial Separation
- Children’s Matters
- Financial Matters
- Civil Partnerships
- International Family Law
What is a no-fault divorce?
As of April 2022, a new no-fault divorce law was introduced in Britain. Under the law, separating couples can get a divorce, legal separation, or civil partner dissolution without blaming each other for the breakdown of their marriage or relationship.
What are the grounds for divorce?
One of the most common questions our clients ask our expert family law solicitors is, what are the grounds for divorce? There is just one ground for divorce in the UK: your marriage has broken down irretrievably. In the past, separating couples were required to cite a reason for divorcing based on the grounds for the dissolution of the marriage and demonstrate the marriage has irretrievably collapsed. Under the new ‘no fault’ divorce law, this is no longer the case.
What is the process of getting a divorce?
There are four stages to getting a divorce. They include:
- Filing the divorce Application
- Filing the response to the divorce Application
- Applying for the Conditional Order
- Applying for the Final Order
Call today for a free and confidential no-obligation chat on 0151 515 3036.
What does a divorce cost?
There is a court fee involved which currently costs £593. If filing for divorce together, you can agree to split this fee. If you divorce alone, you will need to pay the whole price. You may want to work with a specialist solicitor, and this shouldn’t cost more than £500 - £600 if your divorce case is straightforward. The average costs run between £180-395 an hour, depending on which part of the country you’re in and how senior the lawyer is.
Can I get a divorce without hiring a lawyer?
Yes, getting a divorce is possible without hiring a lawyer or solicitor. Not many people know this, but you can get a DIY divorce simply by completing the necessary forms, paying a court fee of £593 and then working through the court processes.
One of the downsides of DIY divorce is the risk of making a mistake, as this can be costly to rectify. Another common issue many DIY applicants may encounter that may delay the divorce process is being unable to provide an up-to-date address for their ex-partner.
What is alimony (spousal maintenance), and how can it be determined?
Alimony or spousal maintenance support is awarded by the Courts when a couple divorces. The spouse with a higher income pays it to the spouse with a lower income. It’s only awarded if one party can’t support themselves without payments from the other, but there are other factors to consider and spousal maintenance cannot be looked at in isolation and has to considered along with all the other financial parts.
How can I protect my assets during a divorce?
If you have a family home owned in your ex-partner’s sole name, you can register your interest to ensure it can’t be sold or remortgaged without you being told. This is useful if your break-up is difficult and you no longer get on with your ex-partner.
If the property is in both your names, known as ‘joint tenants’ – you might want to change how it's owned to “tenants in common”. It’s possible to own the property between you still. This may be the best option to stop the ex-partner from automatically inheriting the share of the property in cases where someone might die or before a divorce or dissolution was finalised.
How does property division work in a divorce?
While every marriage is different, and there are no definite rules on how assets are divided in a divorce, the law has to be flexible in each case. A broad range of factors are taken into consideration when separating the matrimonial assets, including:
- The Welfare of the Children
- Available Capital, Income and Other Resources
- Parties’ Financial Needs, Obligations and Responsibilities
- Parties’ Ages and the Length of the Marriage
- Standard of Living Enjoyed Before the Marriage Breakdown
- Any Physical or mental Incapacity of the Parties
- Parties’ Contributions
- Loss of any Benefit Because of the Divorce
- Bad Behaviour or Conduct
The preferred outcome for all solicitors is to get their client a financial order by amicable agreement which would then be drafted into a consent form for both parties to sign and sent to a judge for rubberstamping. If this is not possible and no agreement is reached, then an application to the Court must be made regarding matrimonial finances. This consists of three hearings.
- The first appointment hearing is usually a directions hearing
- The next hearing is a financial dispute resolution hearing. This is where a Judge will take an active part in trying to settle the case.
- If the issue isn’t resolved at the second hearing, the case is listed for a third and final contested hearing. The outcome will vary depending on the individual facts of each case.
What are the alternatives to traditional divorce financial litigation?
Couples who don’t want to consider divorce financial litigation, have two other alternative forms – collaborative law and mediation, which may allow them to skip the courtroom and resolve their problems civilly and mutually beneficially.
To avoid litigation, both spouses and their respective lawyers may opt for a collaborative divorce approach wherein a signed agreement is utilised. Moreover, all parties commit to cooperating to reach a fair and equitable resolution.
How does mediation work in the divorce process?
A neutral third party joins the two spouses in mediation to facilitate a divorce settlement. The mediator utilises feedback from both parties to formulate fair compensation
Can I keep my name after the divorce?
Yes, it’s possible to keep your married name after divorce. When you receive the divorce application, you’ll be asked whether you’d like to keep your married name or be known by your maiden name once the divorce is finalised. This is a personal choice and entirely up to you.
How does divorce impact taxes and financial obligations?
Before Finalising a Divorce:
You don’t usually have to pay Capital Gains Tax if you give or ‘dispose of’ assets such as shares, particular personal possessions and property to your husband, wife or civil partner before finalising the divorce or civil partnership.
If Transferring an Asset When Separated:
If you lived together at any time in the tax year you transferred the asset, the standard rules for spouses and civil partners apply. Otherwise, you may have to pay Capital Gains Tax – this is a tax on the profit when you sell or ‘dispose of’ an ‘asset’ that’s increased in value.
If Transferring an Asset After Divorce:
You may have to pay Capital Gains Tax on assets you transfer after legally ending your relationship. The rules for working out your gain or loss are complex, so you may need to contact an accountant or tax advisor for help.
Can I modify child custody and visitation arrangements after a divorce?
Yes, it's possible to modify child custody after a divorce. This can be done by changing an existing court order or consent order. You can even ask a court to enforce an order if your ex-partner is not following it.
How is child custody determined in family law cases?
Multiple factors, including a child's age, gender, traits, and background, decide who gets child custody. A judge or magistrate must ensure the child's safety and confirm that the parent can meet their child's needs.
What rights do parents have in child custody disputes?
Child custody law determines who has the responsibility of caring for a child. In many cases, the preference is for parents to have joint custody – enabling the child to spend equal time with each parent. This also allows both parents to participate in any decision-making affecting the child.
When parents cannot reach an amicable agreement or living arrangement for their child, the courts will decide.
In several instances, contentious disputes between married couples culminate in family courts. During the separation stage and the animosity that follows, children may be left to bear the brunt of these challenges. However, it is crucial to bear in mind that:
- Typically, most child residence court cases are resolved amicably, and either an agreed or joint residency is established
- Financial contributions from the non-resident parent are taken into consideration, including access and maintenance payments
- In the event of disagreements, an individual assessment of each parent is carried out before deciding which parent will be awarded custody of the child or children
What is family law, and what does it cover?
Family law covers a wide range of disputes and claims. Some of the most common claims that our family solicitors handle are:
- Child custody
- Visitation rights
- Financial settlements
- Distribution of assets
Our leading family lawyers provide an expert and empathetic approach to every aspect of family law. We aim to help everyone who comes to us with family difficulties, providing family law expertise to help our clients get through a difficult and stressful time.
Our family law service provides the following:
- Bespoke legal family law solutions centred on your unique case and needs
- We care about your family around the clock and are not tied to a ‘9 – 5’ model of support. As such, our family law solicitors are contactable 24/7
- Our expert family law services are cost-effective
- We have a conveniently located office in Liverpool city centre
- We offer comprehensive, impartial family law advice and solutions
What rights do parents have in child custody disputes?
If you face a divorce or separation as a parent, your main concern will naturally be the welfare of your children. Child custody law determines who should be responsible for childcare following a divorce or separation. The best interest of the child is standard in all custody cases. Joint custody is typically the preferred solution, though this is sometimes the case.
How does child support work after a divorce?
After a divorce, you and your partner are expected to continue paying towards their costs after you separate. This usually means that one parent pays the other. This can be agreed upon between you both, or if you can’t agree, you can ask the Child Maintenance Service to calculate the amount.
Children’s law expertise you can rely on
Our family law lawyers are here to help with all aspects of child custody. We have expertise in child custody disputes and will work with you sympathetically to help provide the best arrangements for you and your children.
What our clients say about our family law services and solutions
"At the time we appointed Tracey Miller Family Law, we were at the point of despair, we have now three lovely children who, without the help of Sarah, would have had a bleak future. We will always be grateful to everyone at Tracey Miller Family Law."
- David & Christine Beattie, Wirral
How to contact the best family law solicitors in Liverpool
If you are considering or going through a divorce and need empathetic, tailored, and comprehensive advice about your personal situation and any aspect of family law, give Tracey Miller Family Law a call on 0151 515 3036 or 07795 060 211.
Alternatively, you can email email@example.com.
Or you can fill out our online form and one of our friendly team of top divorce and family solicitors in Liverpool will get back to you without delay.