Nearly half (42%) of all UK marriages end in divorce. And perhaps the most stressful part of the divorce process involves the family home. 

What happens to a mortgage in a divorce?

What are your options?

1 – Keep paying the mortgage together

Even if you divorce, it’s possible to both remain named on the mortgage and keep making payments as you did when you were married.

Using this approach it’s best to agree to a set plan, to avoid any misunderstandings and disagreements further down the line. For instance, you could agree to sell the property on a set date in five years time when it has built up more equity. 

Many younger divorcees choose to opt for this if they’re committed to a fixed-rate mortgage or would face substantial early repayment charges.

2 – Selling up

This is often the most emotional step, and is less ideal for future divorcees with children, but selling a house after divorce is also one of the best ways to get a ‘clean break’ and allow both partners to move on. More...

One of the biggest family changes in 25 years came into force this week, as Government ministers introduced plans to use students and trainee lawyers to guide couples through the divorce process.

At advice centres across the UK, students are now able to help divorcing couples and offer them legal advice on family and financial matters before their divorce is finalised in court. The new initiative is being introduced in order to cut the legal aid budget. 

Is this a good move? Will the new plans help divorcing couples? Does it place added pressure on legal students? We take a look at the positive and negatives of this proposed plan:

Pros

• Divorcing couples have the opportunity to save costs in the short term.
• The Government saves money on legal aid – the average mediation costs £500 in legal aid, compared to £4,000 per person if the proceedings go to court.

Cons More...

For separated parents, the issue of  taking children abroad can be a complicated process. While the vast majority of separated couples are able to communicate and amicably agree to their children going abroad on holiday, disputes can happen concerning the issue of ‘temporary removal’. 

Whether you’re planning on taking your children abroad or are contesting your ex-partner’s decision, it’s important to know where you stand.

What is the legal position of parents who want to take children on holiday abroad?

It’s important to note that it’s a criminal offence to take a child abroad without the consent of a parent (or anyone else with parental responsibility). Failing to obtain permission can result in a fine or even imprisonment, however to impose these sanctions can be lengthy and expensive. Both parents, grandparents, schools and family friends have to obtain the appropriate consent before taking children abroad.

However, if a parent has a Child Arrangement Order stating that the child must live in their care, then the consent of the other parent is not needed if the child is going abroad for less than 28 days. It’s still worth obtaining consent in this scenario to avoid any future legal problems and to evidence that you are willing to communicate with the other party should the matter be brought before the Court in the future. More...

The family lawyers' group Resolution has said there is "no justification" for government plans to increase the Court fee for a divorce from £410 to £750.

The Ministry of Justice announced plans in December 2013 to increase Court fees for Divorce and some other family applications (as well as fees for high value commercial cases).

Resolution said in its response that the case for setting family Court fees purely on the basis of cost "has not been made in relation to family proceedings". They continued, “there is no justification for charging the public more than the actual cost (even as they do today) of using a service to pursue a legal remedy which is their right under statute.”More...

Howells has launched a brand new Youtube channel. On it, we’ll be uploading videos to share our expertise on a number of different legal issues.

Check out our two newest video guides: helping you deal with issues to residential conveyancing and matrimonial law:

A guide to residential conveyancing with Rhian Davies

Howells’ property law expert Rhian Davies answers some of the most common issues that people encounter when buying and selling a property. How long does the process take? What are the different processes involved in buying and selling a house? Are legal fees payable if one party pulls out at the end of the process?

Rhian also discusses the cost of conveyancing and the service that you can expect to enjoy from a solicitor like Howells. Clients want the personal touch, done simply, from a conveyancer that they can trust and Howells’ residential expert explains why her company’s approach to conveyancing is so popular in South Wales and across the UK.

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