Divorce and Family Law
DIVORCE AND SEPARATION
We can help resolve the problems arising from the breakdown of your marriage. As a specialist family law practice, we use all our experience in obtaining the best result for you. We attempt to make the procedure of divorce as simple, swift and amicable as possible.
Alternatively, if you do not wish to divorce for social or religious reasons, we are able to advise you in relation to judicial separation proceedings while at the same time protecting your financial position within these proceedings.
Related areas covered are nullity and defended causes, although the latter are now rare.
COHABITATION
We can assist you with problems surrounding the break-up of your relationship with a co-habitation partner.
The law presently treats unmarried partners very differently to those who have married but much can be done to protect your interests, including your financial assets. Our experience in these matters following our involvement in the House of Lords case of Stack vs. Dowden [2007] UKHL 17 will enable us to assist you in resolving complex financial issues without escalating legal costs.
In order to avoid many of the problems which arise on the break-up of a cohabitation arrangement, we can draft an agreement or trust deed which records your intentions about the distribution of your assets if the relationship ends.
CHILDREN
If your marriage or cohabitation arrangement breaks down, we will work with you at achieving the best arrangements for your children, including their financial support.
As far as possible, we enable you to reach agreement with the other parent. However, where agreement cannot be reached we will apply to the court to make, for example, orders relating to :
- The Residence of the child (previously known as "custody")
- Contact arrangements (previously known as "access")
- Prohibited Steps orders for example, to prevent the removal of a child from the jurisdiction of England and Wales
- A specific issue such as the choice of school or changing the child's surname
FINANCIAL ARRANGEMENTS
Pre-nuptial Agreements
For those intending to marry, we can prepare pre-marital agreements (commonly known as pre-nuptial agreements) which may protect you from financial loss in the unlikely event of your marriage not lasting.
Financial Settlements
We will help you to agree a financial settlement which is realistic and enables you to retain sufficient assets and income for your future. We would also ensure that you share in the division of accrued pension rights.
Where children are involved, we assist you to agree a reasonable level of maintenance for them - looking after the interests of the children.
Financial matters are conducted in a sensitive, constructive and cost-effective way to ensure that you and your former spouse retain those assets rather than these being absorbed in unnecessary legal costs.
DOMESTIC VIOLENCE
Domestic Violence/Occupational Orders
We respond quickly in cases of domestic violence which are matters for which time is of the essence in order to protect you.
An application for an injunction is commonly applied to prevent your abuser from harassing or pestering you, or to attempt to contact you in circumstances where you do not wish to have any form of contact with that person. If your circumstances are serious enough, an order can be obtained within 24 hours of instruction in order to protect you or your children.
As well as obtaining a restraining injunction to provide protection for you, we can give legal advice in relation to rights of occupation, and other related legal issues. This may include for example, the right to exclude your spouse or partner from the home to protect you from violence or other extreme behaviour which may cause you to fear for your safety, or that of your children.
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