Devon and Somerset Polish-speaking family lawyer, Dominika Windak, summarises what every Polish family should know about divorce and finances in England and Wales.
Divorce can be one of the most challenging times in life.
If you are a Polish citizen living in England and Wales and facing a divorce, it’s essential to understand the legal process, especially when it comes to financial matters.
As a Polish-speaking family lawyer, covering Devon and Somerset, I want to help you understand your rights, and what steps you need to take to protect yourself and your family.
Understanding Divorce Laws in England
When a couple decides to divorce, there are several steps involved. It’s important to know that divorce laws in England can be different from those in Poland, so understanding them is crucial.
The first step is to apply for a divorce. You can get a divorce if you have been married for at least one year and if your relationship has irretrievably broken down. You can apply for divorce in England, even if you married in Poland or any other location, provided that you have a certified copy of the marriage certificate, translated into English.
Following a recent change in divorce law, you no longer need to provide a reason for the breakdown of the marriage.
Financial Settlements After Divorce
One of the most important aspects of divorce law is how finances are divided between the two spouses. In England, financial settlements aim to be fair to both parties, but this can sometimes be complicated. There are several factors that the court will consider when making financial decisions:
- The Needs of Both Parties – The court will look at the financial needs of both you and your spouse. This includes the need to provide for yourself, your children, and maintain a standard of living that you were accustomed to during your marriage.
- Contributions During Marriage – Both financial and non-financial contributions are taken into account. For example, if you stayed at home to raise children while your spouse worked, this will be considered a contribution.
- Your Assets – This includes your home, savings, pensions, and any other assets. In England, assets are usually divided fairly, but this does not always mean equally. For example, if one person has contributed more financially, they may receive a larger share.
- The Future – The court will also think about the future, including your ability to work and earn money after the divorce.
It is possible to reach a financial settlement outside of court, through mediation or negotiations between solicitors. Mediation is a common way to work through financial disputes, with the help of a neutral third party. This can save time and money, and often leads to better outcomes. A mediation agreement is not however legally binding, and you should finalise it through a divorce solicitor as a Financial Consent Order.
How Divorce Affects Your Children
If you have children, their welfare is a top priority in any divorce. In England, the court will always make decisions with the children’s best interests in mind. This includes deciding where the children will live and how much time they will spend with each parent.
As a parent, you will need to agree on child maintenance (financial support for the children), and how to co-parent effectively. If you and your spouse can’t agree, the court can step in to make decisions for you.
Protecting Your Rights: A Polish Perspective
If you are Polish and living in England, you may have specific concerns about how your Polish nationality impacts your divorce and finances. The good news is that Polish citizens living in England are entitled to the same legal rights as British citizens when it comes to divorce and financial matters.
However, if you have assets in Poland, such as property or savings, it’s important to seek legal advice about how these will be treated in the divorce process. There can be complications when it comes to dividing international assets, so a lawyer can help you navigate this.
Why You Need a Polish Family Lawyer
Divorce can be a stressful and emotional process. As a Polish-speaking family lawyer practicing in England, I understand the unique challenges that Polish clients face. I can provide support and guide you through the entire process, making sure your rights are protected and that you understand every step of the way.
I offer clear, simple advice, so that you feel confident and informed. My goal is to help you make the best decisions for your future and the future of your family.
Final Thoughts
Going through a divorce is never easy, but understanding the financial and legal aspects can make the process less stressful. Whether you’re dealing with property, savings, or simply trying to make sense of the English legal system, you don’t have to do it alone.
If you need help with your divorce or financial matters in Devon or Somerset, then contact me today for a free consultation. I can guide you through this difficult time and make sure you get the best possible outcome.
Remember; the more informed you are, the better decisions you can make.
To arrange your free consultation with Dominika, call our helpline on 0333 888 0404. Alternatively email us at [email protected]
