Family Law

Whether you are entering into a permanent relationship, or your relationship has broken down, or your partner has died without leaving you financial provision, we aim to offer reliable, constructive advice whilst being sensitive to your particular needs. We can guide you through legal procedures and help you identify the issues and the options available to you.

We will handle your case sensitively and sympathetically. We know that a decision will have an emotional as well as legal impact. We aim to achieve the best results possible with the minimum disruption to your life. In disputes, this is most often achieved by looking for common ground and agreement with the other person, keeping the intervention of the Court to a minimum. However, where this is not possible, we have the expertise to pursue your remedies through the Court with commitment and efficiency.

We are always conscious of legal costs and we will advise you on the most cost-effective way to deal with your particular issues.

We appreciate that every client is an individual with unique circumstances. Working with you and providing clear and accessible advice, we can achieve the appropriate solution for you.

The following links give brief guidance about specific issues in family law. They are not comprehensive and should not be relied upon as a substitute for proper legal advice.

Pre-marital advice

Many couples choose to enter into a Pre-Nuptial Agreement. This enables couples to consider how their finances will be divided in the unfortunate event that the marriage or civil partnership breaks down.

Pre-Nuptial Agreements are not binding on the Court and are not strictly enforceable. However, if properly prepared, they can provide the Court with valuable and persuasive evidence of the couple's intention they are likely to be taken into account when the Court makes a financial Order. We can help you to make sure that your Pre-Nuptial Agreement carries as much weight as possible.

If you would like our expert advice about any of these issues please contact us.

Divorce and Separation

The breakdown of a marriage or civil partnership is rarely easy. From looking after your children to the division of assets, separation can be a traumatic time. We can provide you with appropriate legal advice, whilst being sensitive to the emotional issues you may be facing.

On the breakdown of a relationship, you have the following options:-

1. Wait

You could wait to see if there may be reconciliation.

2. Separation Agreement

Some couples prefer to reach an agreement about financial matters without involving the Court. This can be achieved by signing a written agreement which incorporates the terms they have reached. Commonly, such agreements confirm that the parties are to live apart and set out how maintenance and/or property are to be dealt with and arrangements for a divorce.

Separation Agreements, however, are not binding on the Court. They are not enforceable. However, in the event that one of the couple reneges on an Agreement, the Court will look at the terms of the Agreement as evidence of the couple's intentions. Even when both partners have reached an amicable agreement, we always recommend that at the appropriate time, a Consent Order is obtained from the Court. This is a relatively inexpensive procedure, but it provides certainty.

3. Divorce / Disolution of Civil Partnership

You may decide to initiate divorce proceedings. There is only one ground for divorce which is irretrievable breakdown of marriage.

There are five facts to support this ground. The person asking for a divorce (Petitioner) must satisfy the Court that either:-

  1. The other person (Respondent) has committed adultery and that the Petitioner finds it intolerable to live with him or her; or
  2. The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with him or her; or
  3. The Respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentation of the Petition; or
  4. The marriage partners have lived apart for a continuous period of at least two years immediately preceding the filing of the Petition and the Respondent consents to a Decree being granted; or
  5. The marriage partners have lived apart for a continuous period of at least five years immediately preceding the presentation of the Petition.

The first stage of a divorce is marked by the Decree Nisi. This is the Court Order that recognises that the marriage has irretrievably broken down.

Six weeks and one day after the Decree Nisi date, you will be entitled to apply for the Decree Absolute. This is the Order that dissolves your marriage or civil partnership.

Usually we advise clients not to apply for the Decree Absolute until financial matters are settled.

An undefended divorce will take a minimum of 4 months to complete. Determining the financial issues usually takes longer.

4. Judicial Separation

Judicial Separation is extremely rare. This remedy tends to be pursued mainly for religious reasons, if the parties have been married for less than one year, or to protect an interest in a pension. The effect is that a married couple will remain married, but they will be entitled to live apart and the separation will be formally recognised by the Court.

The essential difference between a divorce and a Judicial Separation is that the Court pronounces a Decree of Judicial Separation rather than a Decree Absolute.

The advantage of seeking a Judicial Separation, over an informal separation, is that it enables the Court to make Orders in respect of property and capital, which it cannot do if a divorce or Judicial Separation is not being sought.

If you would like our expert advice about any these issues please contact us.

Finances

The Court is required by statute to take certain factors into account in deciding how assets should be divided. We can advise you on how these will apply to you.

It is important that before any financial settlement is reached that there be a full and frank disclosure by both partners of their financial affairs. If it later transpires that a full and frank disclosure (by consent or by Order of the Court) has not been given, the innocent person will be entitled to re-apply to the Court. He or she can argue that the Court Order should be changed because of material non-disclosure when the financial Order was made.

Even where parties are in agreement concerning the division of assets, before we can obtain a Consent Order, a simple form of financial disclosure must be made.

The division of finances on the breakdown of a marriage or civil partnership is a hugely complex area of law. The Court has a very wide discretion and every case is treated on its own circumstances. This can make it difficult to predict an outcome.

We can advise you of your legal rights and obligations, and help you to identify factors which will apply to your case. We aim to give you practical advice, which will enable you to focus on the key issues and consider the financial and emotional impact of the possible courses of action. In most cases, we are able to achieve a satisfactory solution without the intervention of the Court. However, where necessary, we have the experience and expertise to pursue a contested application.

Children and Parenting

When a relationship breaks down, disputes about the welfare and upbringing of children may arise. Commonly, these include disputes about where and with whom a child should live (residence) and how often they should see their non-resident parent (contact).

We can provide sound, pragmatic advice with the aim for both parents to agree the best solution for the children. The Courts work on a principle of non-intervention and may only make an Order when it is necessary for the welfare of the child. There may be a need for an Order if, for example, the parents cannot agree about contact. We can guide you through the process of obtaining an Order.

Who has parental responsibility of a child?

Parental responsibility means the rights, duties, powers, responsibilities and authority which, by law, a parent has in relation to a child and his or her property. It includes the right to make decisions about your child's life, such as medical treatment and education.

Where a couple is married at the time of a child's birth, both parents will have automatically joint parental responsibility. If a couple is unmarried at the time of birth but later marry, this will automatically give the father joint parental responsibility for any of his children of that relationship.

Unmarried parents are often unsure about who has legal parental responsibility for their children.

A mother always has parental responsibility.

Unmarried fathers can acquire parental responsibility:

For children born before the 1st December 2003 by:

  • Marrying the mother of their child
  • Obtaining a Parental Responsibility Order from the Court
  • Registering a Parental Responsibility Agreement

For children born on or after the 1st December 2003 by:

  • Being named on the child's birth certificate jointly with the mother
  • Re-registering the birth
  • Marrying the mother of the child
  • Obtaining a Parental Responsibility Order from the Court.

Other people such as stepfathers, grandparents and carers may also acquire parental responsibility in exceptional circumstances.

A father without parental responsibility is still obliged to pay child maintenance in the event of separation.

Child Support and Maintenance

The Child Support Agency deals with the financial support for a child where the child is under 16 or under 19 and in full-time secondary education.

Only non-resident parents can be required to pay child support through the Child Support Agency .

Child support is based on a percentage of the non-resident parent's net income as follows:

  • One child 15 %
  • Two children 20%
  • Three or more children 25%

However, these figures will be modified if the non-resident parent has one or more other children living with him/her, or if the relevant child spends 52 or more nights per year with the non-resident parent.

The Courts have jurisdiction to make Orders for child maintenance in limited circumstances, for example, if one of the parents is not resident in England and Wales, for a step-child, for a child in tertiary education, or where there is a Child Support Agency calculation but the non-resident parent's net income is so high that it exceeds the CSA scale. The Court can also make Orders in respect of school fees.

If you would like our expert advice about any these issues please contact us.

Domestic Abuse

Domestic abuse covers a wide range of behaviour involving physical violence, threats, intimidation and harassment.

The Court has the power to make Orders to prohibit particular actions, or molestation in general. In respect of the family home, including the exclusion of a person from it or from an area around it, or allowing a party back into it.

Remedies are available to spouses, cohabitants or former cohabitants (including couples of the same sex), people living in the same household, relatives and non-cohabiting couples.

Situations of domestic abuse are inevitably traumatic and often require urgent action. We can sensitively advise you about your rights, help you to undertake the appropriate remedy for your circumstances and guide you through the relevant legal procedure.

If you would like our expert advice about any these issues please contact us.

Living Together

Increasing numbers of people now choose to live together without getting married or entering a civil partnership. We can advise you about living with another person and ensuring that your interests are protected as well providing advice if there is a relationship breakdown.

If you have been living with your partner and you separate, your rights are different from those of a spouse or a registered civil partner. Unless you are the owner or joint owner of your home, you will not be entitled to a share of that property, unless you can show that it was held on trust for you. This is a complex area of law.

Cohabitation Agreements

Couples who are living together may choose to enter into a Cohabitation Agreement setting out arrangements which will apply whilst they are living together, as well as rights and arrangements in the event of a relationship breakdown. If properly prepared, a Cohabitation Agreement is as enforceable as a contract.

We can advise in relation to dealing with property, outgoings, ownership of joint accounts and children.

Buying a property together

Buying a property together is a big commitment emotionally and financially. It is therefore important that your interest is properly protected.

We can advise and help you clarify your interest in the property and also deal with practical matters such as the division of outgoings, mortgage repayments and circumstances for future sale.

Where two people own a property together, the beneficial interest, that is, the value, in the property can be held as joint tenants or as tenants in common. If the property is owned as joint tenants, on the death of one partner the survivor will become the sole owner. If the property is owned as tenants in common, the deceased partner's share will pass in accordance with his or her will or under the Intestacy Rules. It is therefore important to consider what you wish to happen in the event of your death.

Wills

If a person dies without making a will, the Intestacy Rules govern who is entitled to inherit that person's estate. The Intestacy Rules do not make any direct provision for an unmarried partner so it is essential to consider whether you and your partner wish to provide for one another in the event of a death and have an up to date will in place.

If you already have a will, it is important to review it from time to time, to ensure that it is up to date and gives effect to your current wishes.

If you would like our expert advice about any these issues please contact us.

Relationship Breakdown - FAQs

When partners separate, trust and property law governs ownership of assets.

What happens if your property is owned solely by one partner?

If your home is owned by one partner, the presumption is that that partner owns all the value (beneficial interest) in it. In order for the other partner to have a claim on the home, a 'constructive trust' must be established.

We can apply trust and property law principles to your situation to advise you whether you or your partner have a claim on that property.

Am I entitled to maintenance?

If you have been living together and you split up, neither partner has any right to maintenance no matter how long you may have been living together.

Am I entitled to child maintenance for our children?

The parent having care of any children of the relationship will have a right to claim child support for any children of whom the absent partner is the biological parent. No claim may be made in respect of step-children.

For more information about children see Children and Parenting

Am I entitled to any inherit anything from my partner's death estate?

The Intestacy Rules do not provide specifically for an unmarried partner. However, in certain circumstances, even where there is a will, a surviving partner or ex-partner may be entitled to make a claim against the estate of a deceased partner. We can advise you further of your rights.

If you would like our expert advice about any these issues please contact us.

Contact: Joanne Lawrence-Hall

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