Family Law

Divorce, Dissolution & Separation

Divorce or dissolution are often the inevitable consequences when a marriage or civil partnership has completely broken down. The process does not, however, need to be hostile or aggressive, and the “no-fault” divorce procedure aims to simplify the process and remove some animosity from the proceedings.

Our aim is not to create difficulties for parting couples but to offer a supportive solution and a civilised exit to an unhappy situation. We aim to ensure you achieve the best possible outcome, having regard to the best interests of any children involved.

Some couples decide to live separately rather than end their marriage formally. They may consider judicial separation, or a separation deed or agreement setting out the proposed terms of a financial settlement. While not necessarily a final and legally binding solution, we can prepare these agreements to provide as much security and certainty as possible.

We can assist with all aspects of separation, dissolution and divorce, including separation agreements, co-habitation matters, property disputes and the settlement of financial matters.

Division of Assets

Questions such as “What will happen to the family home?”, “How will our assets be divided?” and “Should one of us receive maintenance from the other?” can be the most difficult issues when a marriage breaks down. We can investigate all avenues with you and help ensure that a fair and equitable solution is achieved.

If you are planning to marry and wish to protect assets you already own, we can help you draw up a pre-nuptial agreement, if your future spouse is agreeable.

Pensions

Often overlooked, the question of whether one party may benefit from, or have to share, pension provision with their spouse or civil partner on divorce or dissolution can be hotly contested.

We can advise whether such claims are likely to succeed and, if so, their likely extent. We can also recommend pension experts who can provide detailed reports on the parties’ pension assets, as this can be a complex area.

Children

All too often children are the unwitting casualties of parental differences. Making separation easier for children is vital to protect their wellbeing and ease the transition to co-parenting. We can:

• Help you make a co-parenting plan setting out where your children will live and how much time they will spend with each parent
• Help resolve questions about your children’s upbringing, such as where they go to school
• Advise on financial provision for children
• Advise on children being taken abroad for long holidays or to live
• Apply to the family court for Child Arrangements Orders, Prohibited Steps Orders and Specific Issue Orders
• Advise on change of name deeds

We can also advise grandparents about their options for spending time with their grandchildren. Our advice is always child-centred and based on what is likely to be in the best interests of the children concerned.

Co-habitation

Increasingly couples live together without marrying or entering a civil partnership. Although many people refer to themselves as ‘common law’ partners, there is no such thing as a common law marriage in England and Wales, and unmarried partners do not have the same legal rights as spouses or civil partners.

We help people resolve co-habitation disputes when a relationship ends, including dividing property and belongings, property ownership and arrangements for children.

We can also help you draw up a co-habitation agreement at the start of your relationship, setting out how property would be split if the relationship ended, with the aim of avoiding costly court proceedings.

Domestic Abuse

Domestic abuse takes many forms, from coercive control to physical violence. If you have been made to feel scared or hopeless, or have been abused by someone close to you, we can help you take legal action to protect yourself and your children.

We can advise on your rights and, if necessary, help you seek protection from the court, including:

• Non-molestation orders – to prevent someone coming near you or contacting you
• Occupation orders – to exclude someone from your home, whether you rent or own, even if you live there together

We can represent you at court and offer appointments on an urgent basis.

Change of Name

We can advise and assist with a Change of Name Deed for both adults and children, and offer a competitive fixed fee for adults.

Specialist advice is needed before a child’s name is changed. It requires the written consent of everyone with parental responsibility for the child and, if consent cannot be obtained, you may need to apply for a court order. We can assist with this.

Mediation & ADR

Where appropriate we will encourage you to resolve disputes through Alternative Dispute Resolution (ADR) — methods of resolving conflicts constructively, outside of court.

This could be mediation: a structured negotiation involving you, your partner and a trained mediator. We can offer help and support throughout the mediation process.

ADR only works when both parties are willing to co-operate, but when it succeeds it can save a great deal of time, money and stress. If your dispute has already escalated beyond negotiation, we have the experience necessary to protect your interests.