our services
We will offer a selection of Family Law services including:
Emma has over 20 years’ experience which means she has a broad network of trusted experts to advise her clients on pensions, tax, business valuation and property valuation, to ensure your assets are valued properly and divided in the most efficient way possible.
frequently asked
questions
Things to think about before you decide to separate
Talk to us! We can guide you through the things you need to think about. It always starts with a list. Understanding what assets are in your name, what money you have access to and how to access that money (is it via an app, do you have the login details?) is a good place to start.
Because divorce/dissolution is not as simple as dividing by two. You get one chance to do it right. If you make a mistake, it is very difficult to undo.
The law of divorce and financial remedy/ancillary relief/matrimonial finance/finances on divorce is complicated, with lots of moving parts. Agreeing how to divide your home, without considering how to divide your other assets, pensions and income, is very likely to lead to a mistake you cannot undo.
If you are unmarried, the law is complex and you have different rights. Contact us for discreet, bespoke advice.
We offer discreet meeting space countrywide, booked at your convenience. We will not contact you unless you ask us to. We can help you to set up a private email for communication with us. We will work with you to maintain the confidentiality of the meeting.
You should always take advice before agreeing to anything as there are likely to be consequences you have not thought about. You should never agree a settlement without financial disclosure. Agreement between you and your spouse or your partner is absolutely encouraged but only when you have all the facts.
You do not have to agree. Selling assets should be part of the overall settlement, not done on an ad hoc basis. You should never feel forced to sell your home.
We are very happy to see you once and give you the information you need to make decisions about your life, which means staying together if that is right for you. A meeting with us gives you knowledge and empowers your next step, whatever that next step may be.
If you are married, your spouse can be ordered to pay you spousal periodical payments known as maintenance. How you will meet your income needs is an issue which has to be considered as part of a settlement.
You do not have a right to maintenance for yourself if you are unmarried but if you have children, you may be able to make an application for more child maintenance.
There are some circumstances where you can change the locks but doing so without taking advice or telling your partner is risky.
Yes you can! We are also happy to have someone come with you for support, you just need to tell us who you are bringing with you. We will always ask you to come into the meeting room alone to check whether you would like the meeting to take place with your supporter in the room with you.
The information they hear can be repeated by them as it is not protected by the rules relating to legal privilege (i.e. the rules which keeps the information between you and us a secret).
AI is only as good as the prompts it receives. There may be issues you simply do not know to ask about. AI will also answer the question it is asked, even if it has to make up or hallucinate fake cases. There are a growing number of reported decisions where AI has created cases which do not exist.
Emma Gill has 20 years of experience and provides her advice without you needing to ask the right question.
Think about what questions you would like us to answer. What is worrying you? What would help you sleep better? We can make sure we cover those issues in your meeting. Information about your own assets and key dates such as your date of marriage, dates of birth of your children and when you separated, if you have done so already. Bring your ID documents if you have not been able to complete your ID checks before the meeting so that we can help you do so.
You should never bring original documents, photographs or copies of documents belonging to someone else.
One step at a time. Starting the process is the hardest step. We will give you clear, practical advice and bring momentum to your case to ensure that you can focus on your future. Information and knowledge often help you feel empowered and a meeting with us should have you feeling more in control of your situation.
No, although a lot of people choose to do so. If you do need to leave, your rights are different depending on whether you are married or not, so check with us before you move out. You should never stay in a property if it is dangerous to do so.
There are some solicitors who will act for both parties. We do not offer that service.
You can change your solicitor at any point throughout your case. The new solicitor will need to have time to consider your case before any significant deadlines, so if you feel unhappy take a second opinion as soon as you can. You will have some big decisions to make and you need to be able to trust the advice.
No. There is no need for anyone to take responsibility or to prove fault. The law changed on 6 April 2022 with the Divorce, Dissolution and Separation Act 2020. You only need to confirm that your relationship has broken down.
Please talk to us confidentially about your options. We can be contacted on contact@tgfl.co.uk 0161 560 9993 / 0208 076 8484
You will need a court order to end your marriage and finalise your finances, but that does not necessarily mean you will need to go to a court hearing. There are a number of ways to agree your finances without going to court. See our FAQs on mediation and non-court dispute resolution (NCDR).
Emma Gill has over 20 years of experience - and no one leaves a marriage with nothing. What your eventual settlement looks like depends on what assets you and your spouse have separately and together.
Yes, you can. Divorce planning, planning to leave your spouse and a safe exit are services we offer and which Emma Gill has perfected with her experience in family law.
You can leave without the consent of your spouse and divorce without the consent of your spouse. You will need to think about how you leave and how they are told about your decision and we can help with that.
Yes, you do need a court order. If you are married, your claims against each other remain live forever unless you obtain a court order, remarry or die. If you remarry, your previous spouse’s claim remains live against you. This means you can face a court application years after you have separated. A divorce final order (previously a decree absolute) does not dismiss your financial claims.
No. You have different rights if you have never married. You need to take advice as there may be applications for support that you can make for yourself or for your children under Schedule 1 of the Children Act 1989.
Your rights if you did not marry are different than if you did. A court cannot adjust the ownership of property. You do not have a right to maintenance for yourself. You cannot share a pension if you are unmarried. Please contact us for specialist, bespoke advice.
If you are unmarried, you may need a court order to define your share in a property or force a sale. You may also need a court order to define the terms of a Schedule 1 application for children.
If you have been married for over a year, your relationship has permanently broken down and your marriage is recognised in England and Wales then you should be able to get a divorce. Check using the government website: www.gov.uk/divorce
If you have been in a civil partnership for over a year, then you should be able to get a dissolution. Check using the government website: https://www.gov.uk/end-civil-partnership
Yes. It is known as judicial separation. You must be married to get a judicial separation but can apply in the first year of marriage. It means your marriage is not dissolved, so you cannot remarry, but you can have a financial order with some, not all, financial orders available to you. Notably, you cannot have a pension share if you have a judicial separation. Visit this link for more information: www.gov.uk/legal-separation
This is also known as nullity, void or voidable marriage. This is where there was something wrong with the marriage so the marriage was never legal or it was legal but there is a reason which means it has the potential to be voided. You can apply for annulment at any time including in the first year of marriage. Follow this link for more information: www.gov.uk/how-to-annul-marriage
For divorces and dissolutions post 6 April 2022, there are specific legal deadlines which include a 20 week mandatory waiting period between everyone being made aware of the divorce and being able to apply for a conditional order. You should use this time to finalise your financial matters. In our experience, most divorces (and the consequent finances) take somewhere between eight and 12 months to finalise.
We charge for time spent on your matter at an hourly rate. These rates are set out clearly in our initial costs estimate to you. Our costs estimate cover the cost of all elements of your case. There are no hidden costs or surprises.
You will be charged any time we spend on you case which includes, but is not limited to, meeting with you in person or by video, speaking on the phone, writing or reading letter from you, the court, the other side, experts or counsel, preparing documents and considering the strategy of your case.
There are things you can do to reduce your costs, such as responding to us quickly, putting all your queries into one email or phone call, and staying focused on the big picture.
Yes, but the responsibility is then yours to ensure everything is processed as your solicitor will not have access to your divorce portal file. If you are trying to run a business, run your home, look after children or others it may be easier to let us take that responsibility from you.
All divorce is now no fault. www.gov.uk/divorce will confirm whether you are eligible for a divorce.
Your spouse no longer needs to consent to a divorce. You can issue a divorce application without their permission.
You can change your solicitor at any point throughout your case. The new solicitor will need to have time to consider your case before any significant deadlines, so if you feel unhappy take a second opinion as soon as you can. You will have some big decisions to make and you need to trust the advice.
Agreement is preferrable, but there are many ways to reach an agreement. You should never agree anything without your own legal advice, even if you are planning on mediating. A mediator’s role is different to that of a solicitor. You should never agree without financial disclosure.
If you need to make a court application, you will need a certificate to confirm mediation is not appropriate at that time in your case. There are a number of reasons why mediation would not be considered appropriate.
Not always. Most court applications result in an agreed settlement but you have the benefit of a court timetable to keep your matter on track. You should always take your own legal advice even if you want to mediate.
Yes. One of the changes brought about by Divorce, Dissolution and Separation Act 2020 was that a joint petition can be issued. You each need to agree at every stage to take the next step, so think carefully about whether your spouse will still be cooperative in a few months’ time.
NCDR is the name for any method of resolving your financial matters without having a final hearing at court. This includes voluntary disclosure, private financial dispute resolution hearings, arbitration, mediation and collaborative law.
Your financial claims stay live until there is a court order dismissing the claims, you remarry or die. If you remarry, your previous spouse’s claim remains live against you. This means you can face a court application years after you have separated. A divorce final order (previously a decree absolute) does not dismiss your financial claims. In our experience, trying to unravel finances long after you have separated is more complex and expensive. Finalising your finances gives everyone certainty, which is best foundation for your future relationship as a separated couple.
No. There are lots of reasons why a property would not be divided equally, including who owns the property, if it was owned before the marriage, if it was inherited, if it is owned by a trust and the other assets you have. A fair financial settlement is a careful balance of a number of factors, which is why you need expert advice.
A fair financial settlement is a careful balance of a lot of factors which is why you need expert advice. Legal ownership (when you are married and separating) is not determinative of the outcome.
Yes. You are under a duty to provide full, frank and clear disclosure. This duty continues all the way up to a final order being made. If something changes, you need to tell your solicitor. If you do not, you risk a final order being overturned. You will usually be asked to complete a Form E, which is the standard form used for disclosure.
To obtain a final financial order, you will have to show the court what you earn and what you own. This is on a form called a statement of information (D81). This is because a judge needs to agree that the order you are proposing is fair. The judge needs to understand your assets and income to make that decision.
No. If you are married, spousal periodical payments, known as maintenance, can be one order which can be made. A judge is obliged to consider whether your case is suitable for a clean break, i.e. no ongoing payments, and if there is sufficient capital, that capital will be expected to be invested to produce a return. It is only when income needs cannot be met that a maintenance order will be considered.
That depends on a number of factors including how long you were married, when the contributions were made, your age and the pension assets of your spouse.
The best way to protect your assets is via pre-nuptial agreement. If you are already married, then a proper valuation and the advice of an expect solicitor are the best ways to protect your assets.
No. The law relating to divorce and dissolution allows a court to reassign assets and income between the parties.
Speak to us urgently. There are options available to you before assets are moved. If you think assets have already been hidden, we can help you maximise your chances of finding that wealth.
Potentially. It would depend on factors including what assets they brought into the marriage, how long you were married and whether you had signed a pre-nuptial agreement.
The legal responsibility for repayment will remain with your spouse but the debt, however it was accrued, will be a factor to consider in any settlement.
The life expectancy, health and disability of your spouse are all factors to be considered in any settlement. Ill health and disability may affect your spouse’s ability to earn their own income, and this may result in them receiving more capital or a maintenance order.
The family home is a central part in most matrimonial assets. Whether it can be kept and who keeps it is therefore central to any settlement. Your other assets, the affordability of any mortgage and wanting to make a fresh start are all issues which will be considered when it comes to keeping your home.
Parity of property, particularly where children will be living between the two homes, is a factor which should always be considered when looking at settlement.
Assets which produce income, especially those which have been passed down generations, are not simply divided in two at any cost. You will need specialist advice to navigate your way to settlement.
It is rare that a court would allow anything to make a successful business fail. Proper valuation, looking at your other assets and how payments are made to your spouse all need to be considered to help you keep your business.
This will depend on when the bonuses were earned and paid.
No. Emma Gill has over 20 years’ experience and no client of hers has ever walked away from a divorce or dissolution with nothing.
This is the primary document for your disclosure. It is a court form, but most solicitors use it as it is a familiar document to any good family lawyer.
It will depend on your assets and your budget. You need expert advice to make sure that you get your budget, also known as a “needs schedule”, correct and pitched right.
We are specialists in High Net Worth (HNW) divorce and dissolution and Ultra High Net Worth (UHNW) divorce and dissolution. If you have assets of over £850,000 please give us a call.
Emma Gill has experience of cases from £1,000,000 (one million) to £100,000,000 (one hundred million). In the last few years, all Emma’s cases have had assets over £8,000,000.
We charge for time spent on your matter at an hourly rate. These rates are set out clearly in our initial costs estimate to you. Our costs estimates cover the cost of all elements of your case. There are no hidden costs or surprises.
You will be charged any time we spend on you case which includes, but is not limited to, meeting with you in person or by video, speaking on the phone, writing or reading letter from you, the court, the other side, experts or counsel, preparing documents and considering the strategy of your case.
There are things you can do to reduce your costs, such as responding to us quickly, putting all your queries into one email or phone call, and staying focused on the big picture.
Costs orders in financial cases are very rare unless someone has behaved badly during the case, such as not engaging with an open offer to settle. The starting position is you will need to pay your own costs.
Yes, in certain circumstances. You will need to demonstrate that the fees will be properly accounted for and appropriate tax paid. For regulatory reasons, we will need to do some identity checks on the business similar to the ones you do when becoming a client of the firm.
This depends on their ability to pay their own fees, how you are funding your fees and if they are able to borrow to pay their fees and the costs they will incur.
Simply add up all your assets, property values, pensions, savings and business interests and minus the debt. If you are not sure, give us a call and we’ll be happy to work it out with you.
Please don’t guess. If you are not sure, give us a call and we’ll be happy to work it out with you.
Your relationship will continue as parents so, if you can, you should agree arrangements for your children. There is no need for a court order if you can agree. Mediation is always preferable to a court application when discussing children issues. However, we understand that it is not always possible and we are here to help.
This may form part of the financial claims. If there is a court order, they should pay, and if they don’t you can enforce it. Child maintenance may be used to pay for clubs. Get you calculation here: www.gov.uk/child-maintenance-service/
If the clubs take place when your child is with their other parent, it is very unlikely you can force them to take the child to a club.
A court will want to maintain a child’s school continuity if possible. School fees are a separate issue to be considered by the court and should form part of your overall settlement.
Beware of agreeing an open-ended school fees order, especially for a young child who may not be attending school yet. You could create a liability to pay without a limit.
You always have options. Sometimes there is no escaping a court application to force someone to the table. You need a strong lawyer to help you - that is why we are here.
Then we will guide you through the process to your future. You should never make decisions based on the threat that if you ask questions, push for disclosure or ask for an offer in writing, that the separation will no longer be amicable. This is your wife or husband or partner trying to control the outcome by controlling you.
One step at a time and with expert advice from us.
You have very different rights and options if you were never married. Your home, right to maintenance and pension rights will be different if you were married or in a civil partnership compared to if you were not. If you lived together before you married or formed a civil partnership, then the time you lived together will count towards the length of your marriage. If you lived together for 20 years, and were married for three years before divorcing, your marriage would be treated as a long relationship of 23 years.
Yes, when signed as a deed. You should take expert advice before signing.
Yes! Do not sign one thinking you can pull out later. Unless there was something clearly wrong at the time the agreement was signed, or it is unfair at the time of your divorce, you will be held to it. Even if a court thinks you should have more, because you chose to enter an agreement your claims will most likely be less than they would have been without one.
If you have wealth before you married, this is your second marriage or you are marrying in later life, you should have a pre-nup.
If you have something worth protecting, have a pre-nup. It also clearly shows what assets you both brought into the relationship, so is useful evidence as to the financial circumstances when entering the marriage.
Not without expert advice as to the terms. If you are asking your fiancé or fiancée to sign a pre-nup, it helps strengthen the document if they can choose the lawyer they want to use.
Not without expert advice. You have already accrued rights by virtue of your marriage, so you need to know what you are giving up before you sign.
If you have a question which you think would be a good FAQ, drop us a line at contact@tgfl.co.uk.