Family Law

The breakdown of any relationship, whether married or not, is a very stressful time.  There are many matters to be resolved and decisions to be made.

Our aim is to assist you during this difficult time to achieve the outcome that is right for you. 

You should always obtain advice from a solicitor on Family Law, even if you are on reasonably good terms with your partner and intend to discuss matters with him or her direct.

We deal with and have experience in all areas of Family Law, including: -

Divorce

To obtain a divorce it has to be shown that the marriage has broken down irretrievably by proving one of five facts, namely adultery, unreasonable behaviour, two years desertion, two years separation with consent or five years separation.

Civil Partnerships

It is now possible for two people of the same sex to enter into a Civil Partnership.  In the event that a Civil Partnership breaks down you may wish to dissolve the Civil Partnership.  The law regarding the dissolution of Civil Partnerships and procedure is similar, although not exactly the same, as with divorce.  It may be that other matters will also need to be resolved, including any relevant children of either party or financial matters. 

Financial Issues on Divorce and Dissolution of Civil Partnerships

When considering how financial matters should be resolved following the breakdown of a marriage or Civil Partnership, a number of factors need to be considered including: -

• The parties’ ages
• The duration of the marriage/civil partnership and any cohabitation beforehand
• The standard of living that you have enjoyed
• The contributions made by each of you
• Your respective present and future financial circumstances and needs, in particular the needs of any children

Every marriage/civil partnership is different and therefore every financial settlement is different.   There will need to be an exchange of financial details so that everyone is aware of the income, assets and liabilities involved.  Negotiations can then take place with a view to agreeing a financial settlement.    Most cases can be resolved out of court, with the terms of the settlement then being made into a court order by consent.   It is very important to get the right settlement for you, because once agreement has been reached and an order made with regard to financial matters, it is only in exceptional cases that it can be reconsidered in the future. 

Breakdown of Relationships & Property Disputes

The law on the breakdown of an unmarried relationship is different from the law if you are married.  In Family Law there is no such concept as “common law husband or wife” and there is no law that says that if parties live together for a certain period of time that they then have the same rights as if they were married.  If you jointly own any property or assets you will need assistance to divide them.  There are some circumstances in which you may be entitled to claim a share of property or assets owned by your partner.  You should obtain advice from your solicitor as to whether or not you have a claim, and what that claim might be worth.

Children

Sometimes parents are unable to agree the arrangements for their children and it is necessary for solicitors or the courts to assist.  Alternatively, it may be necessary for a grandparent or other family member to seek an order in respect of children.  “Custody” and “Access” no longer exist.  Instead there are the following three concepts:-

• Parental responsibility: this is the rights and responsibilities that parents have for their children.  All mothers automatically have parental responsibility. A father will have parental responsibility if he is married to the mother or if the birth was registered in a certain way and time.  A father with no parental responsibility can obtain it by entering into a legal agreement with the mother, or obtaining a court order.  In limited circumstances, other persons may be able to obtain parental responsibility.
• Residence:   the parent with residence is the parent with whom the children live and who cares for those children on a day-to-day basis.  Sometimes it is possible to have a shared residence arrangement.
• Contact: the children are entitled to have reasonable contact with the parent with whom they do not reside.  You can discuss with your solicitor what contact is reasonable in your case.  In rare cases the court may decide that there should be no contact at all.

Sometimes Social Services choose to take action with regard to a child in respect of whom they have concerns. This might be at meetings when discussions take place as to whether or not the child is actually in danger and whether any action needs to be taken to protect that child, or court proceedings commenced by Social Services, to include seeking an order that the child be taken into care.   The parents of that child will be involved in this process and any court proceedings and will almost certainly require legal representation. 

Child Support

The parent with whom a child does not live is liable to pay child support, which is a weekly or monthly contribution toward the cost of maintaining the child.  It is now common for parents, having first obtained some advice from a solicitor, to agree the level of child support that will be paid.  If agreement cannot be reached, then an assessment will have to be carried out by the Child Support Agency.  The courts do not have power to make decisions regarding child support, except in some limited circumstances, which would include the parent who is liable to pay the child support not living in the UK.

Behaviour and Injunctions

If you are the victim of domestic violence or abuse you may need to apply to the court for protection from that behaviour.  This is called an injunction and there are two types:

• Non-Molestation Order: this is an order that the other person with whom you have had a relationship, or a family member, must not use or threaten violence against you and must not intimidate, harass or pester you. 
• Occupation Order: if the court considers that the only way to properly protect you is to order the other person to leave your home, or, if they have already left, to not return to the home, then the court can make this order.

Both types of injunction will usually be granted for 3 to 6 months initially, but can be extended if problems continue.  If an injunction is broken, then the other person can be punished by way of being sent to prison or fined or both, and could end up with a criminal record.  

Pre-Nuptial and Pre-Cohabitation Agreements

It is no longer the case that these are “not worth the paper they are written on”.   Depending on the circumstances, it may be that the court will enforce a pre-nuptial or pre-cohabitation agreement if the relationship subsequently breaks down.  Such an agreement may protect you in the future, but to have any chance of success, it will need to be prepared properly and to comply with certain rules and guidelines.

Claims under the Trust of Land & Appointment of Trustees Act 1996

We can represent you if you intend to make a claim in respect of property under the above act, or receive a claim from someone else.  Please see above under the heading “Breakdown of Relationships & Property Disputes.

Deeds of Separation

Sometimes when a marriage or relationship breaks down agreement is reached regarding the arrangements and finances, but it is not intended to obtain a court order.  Instead the parties will enter into a Deed of Separation.  We can advise you on the proposed settlement and prepare the Deed.

Change of Name

You may wish to change your surname.  This is best done by a Change of Name Deed, which we can prepare.

Dispute Resolution

There are a number of different ways in which disputes can be resolved or agreement can be reached, with which we can assist, to include: -

• Negotiation via solicitors: we can correspond with or speak to the other party or their legal advisors on your behalf with a view to reaching an out of court settlement or agreement.
• Round table meetings: we can arrange a meeting between you, the other party, their legal advisor and ourselves to discuss matters in the hope that a satisfactory resolution can be reached.
• Mediation: this is a process whereby the other person and you have a series of meetings with a trained mediator, again to discuss any outstanding matters with a view to reaching agreement.
• Court proceedings: there are some cases which cannot be settled out of court and the only way to resolve them is for one party to make application to the court.

What will this cost?

Everyone is aware that the legal costs connected with family matters and disputes can be expensive.  “How much will my legal costs be?” and “How will I pay them?” are the two questions most commonly asked when someone first considers consulting solicitors. 

We are mindful that solicitors can often be vague, or even evasive, when asked these questions and that the uncertainty about costs can be a considerable cause of concern.

We have an open and transparent approach to costs and work with you to ensure that you are aware of the likely costs and know how you will pay them.

Free Half Hour

We offer an initial Free Half Hour consultation when you can tell us about your case and we can give you some advice.  During that meeting we can discuss the potential costs, to include whether or not you might be eligible for Public Funding.

Paying Us

We will tell you our charge rate and give an estimate of the likely costs involved.  We will give you revised costs estimates if there are any additional difficulties in your case, or if additional work is required.  We will discuss with you arrangements for payment, which can include paying monthly by standing order, paying by credit or debit card, obtaining a loan or paying part of your legal costs from any money that you may be due to receive at the end of your case. 

Public Funding (Legal Aid)

We have a Contract with the Legal Services Commission and you may be entitled to receive public funding if you are on a low income.