Property and Divorce

If you are going though a divorce you are likely to feel upset. Emotions will be running high.
However, you will have a lot to take care of at this time, whether you feel like it or not. One
of the matters which will have to be discussed is your property. For couples who drafted a
prenuptial agreement the property will simply be divided as outlined within it if a divorce
occurs. This avoids any unnecessary complications. The only way to contest your prenuptial
agreement is on grounds of unfairness. 

If you did not draft a prenuptial agreement you have three options: no lawyers, mediators or
lawyers. It will be cheaper and less invasive for you both if you can manage to come to a
mutually accepted property agreement without involving lawyers. It is not necessary to involve a
lawyer in your divorce settlement. Many couples manage to come to an agreement about property
without the use of a solicitor. 

The most common ways couples deal with a co-owned house are:

1. A partner will buy the other out, purchasing the co-owner's share of the property and making
it their own. 

2. Both partners agree to sell the property, split the profits and go your own separate ways.

If you only wish to involve lawyers to ensure your agreement is legally binding this is possible.
You can come to an initial property agreement without involving a lawyer and then apply for a
'consent order' to secure the agreement you have made with a legal contract. This consent order
will need to be drafted with a solicitor. 

However, often divorce lawyers or mediators do need to become involved in the divorce proceedings
so the couple can reach a property agreement. This is often due to a breakdown of civil relations
between the two individuals. If you are in this situation mediation is generally quicker and less
expensive than court. During mediation a neutral party will be present to ensure that the
discussion between you and your partner remains civilised and that each person is given a fair
chance to speak. 

If mediation does not work you will have to contact a solicitor who specialises in family law and
go to court. The court will then decide how the property will be divided between you and your
partner with a 'financial order'. You may need to go to court if your home is in your partner's
name and they are not willing to be reasonable. You do have some rights in the eyes of the law
even if the sole owner of the property is your partner, particularly if you have children
together that need to be supported and housed.
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For Family Law Birmingham specialists contact Roskell Davies.
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