Family Law

Children matters

When couples separate, there may be disagreements about where the children will live and how often they will spend time with each parent. We appreciate that this is a difficult issue and we help you to try and resolve it in the most cost effective way.

Court proceedings are not always necessary but if you are unable to reach an agreement then we can advise you in relation to making an application to the Court and we can represent you in these proceedings.

During court proceedings, the court will put the child’s welfare first by taking a variety of factors into account including:

• the child’s own wishes
• the child’s physical, emotional and educational needs
• the child’s age, sex, background and other relevant considerations
• any harm which the child has suffered or might suffer in the future
• how able the child’s parents (or other relevant persons) are to meet his or her needs
• how the child might be affected by any change in circumstances
• the powers available to the court

Cohabitation Agreements

When you decide to begin living with your partner, it is often difficult to consider what would happen if you were to separate in the future.

• There is no such thing as a “common law” marriage
• You have virtually no legal rights when you are a cohabiting couple

We can advise and prepare a Cohabitation Agreement when you begin living together, this will set out your agreement regarding finances and what would happen if you were to separate in the future.

Separating from your partner is difficult but a Cohabitation Agreement can ease some of the difficulties as you will have already decided what should happen when your relationship breaks down. This can save a lot of time and legal costs for you both in the future.

Divorce & Civil Partnerships

We understand that deciding that your marriage or civil partnership has ended is very difficult and emotional time, and that is why we try to guide you through the process by minimising the distress as much as possible.

• You can only apply for a divorce if you’ve been married for over 12 months
• There is one ground for divorce which is an irretrievable breakdown of your marriage
• You must rely on 1 of 5 facts, namely adultery, two years separation (if both parties agree), five years separation, desertion and unreasonable behaviour.

We offer a fixed fee service for an undefended divorce if you choose to act as the Petitioner. There is also a court fee to be paid although you may be eligible for a reduction in this depending on your financial circumstances.

If you are the Respondent in uncontested divorce proceedings, we also offer a fixed fee service.

Domestic Abuse & Injunctions

If you feel you are subject to domestic abuse, you should seek help immediately. Domestic abuse can be psychological, physical, sexual, financial and/or emotional.

If you feel that this applies to you, we can assist you in making an application to the Court for an injunction. If suitable in the circumstances we can also write to the opponent warning them of the implications of their actions.

Financial Matters

• It is a common misconception that obtaining the Decree Absolute in divorce also finalises financial matters between two spouses.
• Even if you have reached an agreement between you, it is important that you seek legal advice and have the agreement recorded in a Consent Order which is approved and sealed by the Court and a legally binding document.
• Financial matters on divorce include property, debts, savings, businesses, maintenance, pensions and investments.       All of these items will be considered in negotiations irrespective of whether they are in sole or joint names.

We can advise you in negotiations and settlements and assist you in reaching an agreement without issuing Court proceedings.   We can record your agreement in a Consent Order, the court fee to file a Consent Order is currently£50.

If you and your spouse are unable to reach an agreement, we will discuss the possibility of Court proceedings with you and issue an application in the Court for financial relief.

Pre-nuptial & Post-nuptial Agreements

If you’re looking for further information on pre-nuptial or post-nuptial agreements, contact our team today and we will provide you with a breakdown of each process and your rights.