When a couple split up, there are many questions that have to be dealt with, and finalising an agreement may need the help of expert solicitors based in Ipswich. One of the major issues for most people in this situation is reaching a fair decision over any property they own, whether together or separately.
This could obviously include decisions over the family home, but with some couples it could be that each partner owns a house. Others may have both a main family home and a second holiday or weekend home, either in the UK or abroad. It is clearly essential that each individual’s circumstances are fully considered in order to ensure a fair overall settlement which will not have to be changed later on.
As well as being expert divorce solicitors, Suffolk-based Barker Gotelee have a specialist property law department which can be called on to help with any complicated questions to do with properties. You can rely on us to help you reach a settlement as fairly and as amicably as possible, so that you can start to look to the future once again.
Solicitors in Ipswich – click here to find out more about our service.
What Happens to the Family Home?
For many divorcing couples, the family home is their major asset and one of the most important questions they need to settle is what should happen to it. The best solution may often be for one partner to continue living there, while the other moves to another property. If this is decided on, the partner who is still living there may buy the other one out. Alternatively, another possibility is for the home to be sold and for the couple to split the money between them so they can each buy another property.
Whichever solution is decided on, it is important to be aware that the sharing of equity in the house will not always amount to a 50-50 split; there are various factors which need to be considered. These could include the welfare of the family's children, the financial circumstances of each partner both now and before they married, and how long the marriage has lasted.
The family home will not just be considered in isolation but as part of the whole break-up, so, for instance, if there are other large assets such as a pension pot or business interests, then these will have to be looked at as well in finding a fair settlement. There can also be complications such as a court saying that a house should not be solduntil the children reach a certain age. To ensure that the whole picture is looked at and in order to reach a fair settlement, it is best to consult family solicitors in Ipswich, such as Barker Gotelee.
Questions over Second Properties
Sometimes a couple do not just have one home that needs to be considered during a break-up. For instance, they may have two homes if they were only together for a short while and each still has their own house. Or, in some instances they might have bought a house together while one partner also owns another property. In the case of short-lived marriages, the courts will normally aim to reach a fair settlement which leaves each partner in the same position they were in before they married, and again your divorce solicitors can advise on this.
Couples may also have a second property, whether in another part of the UK or abroad, such as a holiday house or villa that is rented out when not in use. It is important that any assets like this are taken into account in reaching a settlement.
If your second home is abroad, it can make the divorce settlement more complicated, and problems over disposing of this type of property are now involved in a lot of break-ups. Many properties in Europe have lost a lot of value as a result of economic problems of recent years and are proving difficult to sell. Sometimes neither partner wants to take them on, especially if there is a mortgage to be paid.
Tax Implications
When a property settlement is involved in a divorce, the tax position of each partner can be complicated, with questions arising over whether they will have to pay capital gains tax on their share of a particular property. It is important to get expert advice on this, and this is another area where solicitors based locally in Ipswich can help you. As well as being expert divorce solicitors, Barker Gotelee has a department specialising in wills, trusts and tax, and we can call on this expertise if needed.
About Barker Gotelee
We at Barker Gotelee have 25 years of experience as solicitors in Ipswich, and we have an expert family law department to help you to achieve a fair settlement when a marriage ends. We serve the whole of Suffolk and East Anglia and can provide you with all the support and advice you need at this difficult time.
Divorce Solicitors Suffolk – click here to see details about Barker Gotelee.
Tuesday 22 October 2013
Thursday 3 October 2013
What Expertise Do You Really Need from Your Divorce Solicitors?
When you're hiring divorce solicitors in Suffolk to handle your marriage break-up, you will obviously want someone with experience and expertise in divorce law. This is vital to ensure your rights are properly addressed and, most importantly, that things are handled correctly so that the settlement - you reach now with your spouse does not result in problems later on. If a divorce is handled by someone without the right expertise, potential pitfalls could include a former partner making additional claims in the future, or a lack of clarity about asset ownership.
But is divorce law expertise always enough? Depending on your circumstances, your divorce could involve a lot more than simply agreeing childcare arrangements and deciding what happens to the marital home. This means you may need to find solicitors who also have specialist knowledge in a range of other legal areas.
Barker Gotelee are highly experienced divorce solicitors based in Suffolk who have expertise covering a whole range of fields, meaning we can provide a complete service to ensure that the whole process of ending a marriage goes as smoothly as possible. Below are details of some of the areas of law which could potentially be needed.
Divorce Solicitors Suffolk – Click here for information about our service
Family Law
Arrangements for children are one of the most important and potentially fraught aspects of a marriage break-up. Often there are aspects which are not straightforward and need to be considered, for instance if you have children who have been adopted, from previous relationships, or who have special needs. If one partner is moving abroad, this is also something which solicitors will need to discuss, as it will clearly cause difficulties over both having access to the children.
Barker Gotelee has a well-established family law department which will work with you to make the best arrangements for your children as you make your new start. We also have an experienced mediation department which may provide the best way forward if you are having difficulties in communicating directly with your partner and arranging things amicably between you.
Commercial Law
This is a legal area which will have to be considered where either you or your partner owns a business, or where the two of you have run a business together, such as a farm, shop or other type of venture. There are many questions which will need to be answered, such as what happens to business premises, and whether you can agree a settlement to prevent the business from closing down altogether. .
Will both of you continue to work at the business, and what will happen if one or both of you wants to sell? Or what should happen if either you or your partner is the owner of a business which itself owns multiple assets?
In cases such as these, Barker Gotelee would refer the questions which arise in the course of the divorce to our expert commercial department, so that the future of your business assets can be decided without causing unnecessary delays and complications.
Property Law
Often, a couple who are parting may have to deal with not just the family home, but also other properties which they own jointly. For instance, you may have as a holiday home which is rented for income for part of the year, when you are not using it yourselves. As with business assets, there are many questions to be answered about property which is owned either together or separately. Do you or your partner want to sell the properties, or would one prefer to pay the other for their share?
As well as being expert divorce solicitors based in Suffolk, Barker Gotelee also have a specialist property law department which will be able to help in areas like these. Our team is highly experienced in all kinds of property transactions and will work to make these aspects of a marriage break-up go smoothly.
All-Round Legal Service
When you are ending a marriage and need legal advice and help, the question is whether to choose a specialist divorce solicitor or a generalist. With Barker Gotelee, clients have access to both – as our team includes experienced divorce solicitors working together with specialists in family law, commercial law, and property law.
In the course of a divorce we can also refer you to our wills, estate planning and trust department, for any arrangements which need to be made in these areas. We also have an insolvency department which can provide expert help if your break-up comes at a time of personal bankruptcy or business failure.
Our divorce solicitors are specialists – but, working at our Suffolk office, we can also bring in other specialisms when required, without you having to find people with the right expertise yourself.
About Barker Gotelee
Based in Ipswich, Barker Gotelee are solicitors with more than 25 years of experience. Our experts in divorce law and family law will work with you to help you achieve a fair and positive outcome as you look to the future.
Divorce Solicitors in Suffolk – follow the link to find out more
But is divorce law expertise always enough? Depending on your circumstances, your divorce could involve a lot more than simply agreeing childcare arrangements and deciding what happens to the marital home. This means you may need to find solicitors who also have specialist knowledge in a range of other legal areas.
Barker Gotelee are highly experienced divorce solicitors based in Suffolk who have expertise covering a whole range of fields, meaning we can provide a complete service to ensure that the whole process of ending a marriage goes as smoothly as possible. Below are details of some of the areas of law which could potentially be needed.
Divorce Solicitors Suffolk – Click here for information about our service
Family Law
Arrangements for children are one of the most important and potentially fraught aspects of a marriage break-up. Often there are aspects which are not straightforward and need to be considered, for instance if you have children who have been adopted, from previous relationships, or who have special needs. If one partner is moving abroad, this is also something which solicitors will need to discuss, as it will clearly cause difficulties over both having access to the children.
Barker Gotelee has a well-established family law department which will work with you to make the best arrangements for your children as you make your new start. We also have an experienced mediation department which may provide the best way forward if you are having difficulties in communicating directly with your partner and arranging things amicably between you.
Commercial Law
This is a legal area which will have to be considered where either you or your partner owns a business, or where the two of you have run a business together, such as a farm, shop or other type of venture. There are many questions which will need to be answered, such as what happens to business premises, and whether you can agree a settlement to prevent the business from closing down altogether. .
Will both of you continue to work at the business, and what will happen if one or both of you wants to sell? Or what should happen if either you or your partner is the owner of a business which itself owns multiple assets?
In cases such as these, Barker Gotelee would refer the questions which arise in the course of the divorce to our expert commercial department, so that the future of your business assets can be decided without causing unnecessary delays and complications.
Property Law
Often, a couple who are parting may have to deal with not just the family home, but also other properties which they own jointly. For instance, you may have as a holiday home which is rented for income for part of the year, when you are not using it yourselves. As with business assets, there are many questions to be answered about property which is owned either together or separately. Do you or your partner want to sell the properties, or would one prefer to pay the other for their share?
As well as being expert divorce solicitors based in Suffolk, Barker Gotelee also have a specialist property law department which will be able to help in areas like these. Our team is highly experienced in all kinds of property transactions and will work to make these aspects of a marriage break-up go smoothly.
All-Round Legal Service
When you are ending a marriage and need legal advice and help, the question is whether to choose a specialist divorce solicitor or a generalist. With Barker Gotelee, clients have access to both – as our team includes experienced divorce solicitors working together with specialists in family law, commercial law, and property law.
In the course of a divorce we can also refer you to our wills, estate planning and trust department, for any arrangements which need to be made in these areas. We also have an insolvency department which can provide expert help if your break-up comes at a time of personal bankruptcy or business failure.
Our divorce solicitors are specialists – but, working at our Suffolk office, we can also bring in other specialisms when required, without you having to find people with the right expertise yourself.
About Barker Gotelee
Based in Ipswich, Barker Gotelee are solicitors with more than 25 years of experience. Our experts in divorce law and family law will work with you to help you achieve a fair and positive outcome as you look to the future.
Divorce Solicitors in Suffolk – follow the link to find out more
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