Family & Divorce Law
Family & Divorce Law Services
Child Law
Parental responsibility is the legal term used for the obligations and rights parents have in respect of their child. You and your former partner are likely to share parental responsibility for the child, whatever the living arrangements. This should mean you are both involved in all major decisions such as those about the child’s health, education, and religion.
Mothers automatically have parental responsibility for their child. A father has parental responsibility if he:
- Is married to the child’s mother
- Is named as the child’s father on their birth certificate
- Has obtained a court order which grants him parental responsibility
- Has entered into a parental responsibility agreement stating that he has parental responsibility
In most circumstances, same-sex partners will both have parental responsibility if they were married or civil partners at the time of the treatment which lead to conception. For same-sex partners who aren’t married or civil partners, the second parent can obtain parental responsibility by either applying for parental responsibility, or by becoming a spouse or civil partner of the other parent and making a parental responsibility agreement.
Divorce
Divorce is one of the most life-changing experiences you may have to go through. As well as being emotionally difficult, the financial implications can be huge. We pride ourselves on providing clear, succinct advice in an empathetic and supportive way. As a full-service law firm, we can draw on our colleagues in relevant departments to provide a full package of support and advice, something that smaller, boutique, family-only law firms cannot.
If it is clear that your relationship has ended, the first step is to consult a lawyer to discuss the divorce process and to any other relevant issues that may arise, for example the settlement of your finances, and arrangements for the care of your children.
Our divorce solicitors services can support with:
- The divorce process
- Finance on divorce
- Children
- Domestic abuse
- Mediation
- Pension sharing
- Property
Domestic Abuse
Taking the first step to address domestic abuse can feel overwhelming. We understand how difficult this time can be and are here to support you with compassion and care. We have considerable experience acting for individuals and families suffering domestic violence and recognise the harmful impact of controlling and coercive behaviour on its victims. We pride ourselves on being highly approachable, sensitive, and supportive during what can be a difficult and emotional time.
Non-Molestation Orders: In certain circumstances, the court may make a Non-Molestation Order prohibiting someone from using or threatening violence against an ex-partner or instructing a third party to do so. A non-molestation order carries with it an automatic power of arrest if breached.
Occupation Orders: In certain circumstances, the court may make an Occupation Order ousting one party from the family home.
Accused of Domestic Abuse?
If you have been served with court papers notifying you that your partner has applied for an injunction against you and that there is a hearing taking place in the Family Court, it is important that you take advice as soon as possible.
Our team of highly skilled lawyers has experience in handling complex domestic abuse defence cases. We can help you to defend a non-molestation injunction order application and ensure that your voice is heard so that you are able to rebut any untrue allegations.
LGBTQIA+ Family Services
Our specialist Family team provide practical, sensitive and inclusive legal advice to LGBTQIA+ clients.
We understand that every family is unique, and we are committed to providing tailored support that reflects your individual circumstances and goals.
We can support with:
- Divorce and Dissolution of Civil Partnerships
- Financial Settlements
- Pre-Nuptial and Post-Nuptial Agreements
- Cohabitation and Separation Agreements
- Children Matters
- Non-Molestation and Occupation Orders
Mediation Services
Resolving a family matter doesn’t always have to involve lengthy and costly court proceedings. Family mediation is a process in which an independent, professionally trained mediator assists you with working out arrangements for children and/or finances following separation. A mediator is completely impartial and does not take sides or make judgements. They work with both parties involved to find a mutually agreeable solution to move forward with and prevent the need to go to court.
What is a Family Mediation Information and Assessment Meeting?
- What do we do?
- Where do we go?
- What about our children?
These are immediate and important questions for many separating couples. A Mediation Information and Assessment Meeting provides an opportunity to ask them and get the answers which will enable you to make informed decisions about how you want to move forward. For families going through the process of separation and divorce, it can be a very effective first port of call for information about children, divorce and finances, physical, mental and emotional well-being, other relevant services and resources as well as getting legal advice.
Pre & Post Nuptials
No one goes into a marriage anticipating that it will end, but if divorce becomes a reality, most, if not all, couples would like their separation to be as amicable as possible with minimal uncertainty and worry over financial matters. This is why it can be sensible to sit down with your partner and agree on important financial matters at the outset of your relationship, whilst you are able to communicate openly and effectively.
The purpose of a pre-nuptial or post-nuptial agreement is to record who owns what and how those assets will be divided between the parties if the marriage breaks down. Whilst they are not currently legally binding in England and Wales, these types of agreements are carrying significantly more weight in the courts following the landmark decision in Radmacher v Granatino [2010].
At an initial meeting we will explain the law in relation to marital agreements, and their advantages and disadvantages so that you can make an informed decision about whether an agreement is right for you and your partner.
We can also advise on the enforceability and recognition of marital agreements and the setting aside of agreements which may be unfair.
Protecting your Property Investment
Our Family Lawyers are experienced in dealing with all matters in relation to cohabitation.
Moving in with your partner? If you are planning to move in with your partner, but do not currently have any plans to get married, we can help you put a cohabitation agreement in place that makes it clear what each of your financial responsibilities are.
Cohabitation is a term used to describe unmarried couples who are in a relationship and live together. It applies to opposite-sex and same-sex couples. If you and your partner share a home, and are not married or in a civil partnership, you are a cohabiting couple. A cohabitation agreement records the intentions of cohabitants in relation to property and any other assets they own either jointly or individually and what should happen if the relationship breaks down.
Cohabitation agreements are legally binding contracts, provided that they are drafted and executed properly, and are signed as a deed. It is therefore essential to obtain legal advice before entering in to any such agreement.
All Family & Divorce Law Services
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Sound Familiar?
Worried about the children and the house?
If you have children, their wellbeing will naturally be at the heart of every decision.
If you have children, their wellbeing will naturally be at the heart of every decision.
Asset splitting?
Divorce can raise difficult questions about what the future holds, especially when it comes to finances. The thought of standard of living declining post separation will be of concern.
Scared of court costs spiralling?
Any form of separation and divorce can be a challenging time, both emotionally and financially, but resolving disputes doesn’t always have to involve lengthy and costly court proceedings.
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Frequently Asked Questions
Find answers to your most pressing questions about our services and processes.
In order to divorce in England and Wales, parties must have been married for at least one year. In the event that you have been married for less than one year but you wish to formally record your separation and any agreement you have reached in relation to your finances, one option is to enter into a Separation Agreement which can remain in place until such time as you can divorce.
Yes. Same-sex couples can obtain a no-fault divorce in the same way as heterosexual couples.
At the meeting we will run through your assets and explain to you what further financial disclosure you might need to be able to make an informed decision about settlement. For example, this might include property valuations where a property value is in dispute; an independent accountancy report if there are business assets which are disputed or a pension sharing report to understand the pensions and how they might be divided between you. We will also explain what factors the court will take into consideration if the court was being asked to make a decision and the various orders that can be made. We will also run through the various options available to you and your spouse/civil partner to reach a financial settlement. Insofar as possible, we will work with you to negotiate a financial settlement with your spouse or their solicitor without the need to attend court. We take a pragmatic, realistic and commercial approach to settlement for all of our clients. Where court proceedings become necessary, however, our team are able to advise effectively on the strategy to ensure a fair outcome for you. We can also discuss with you alternative options to dispute resolution.
In most cases, you will have to ask a judge’s permission to appeal. The judge will only grant this permission if they think the appeal has a real chance of succeeding or in family proceedings, there is some other valid reason for your appeal to be heard. If you are considering making an appeal, we would recommend that you seek independent legal advice from a family law solicitor.
If you would like to protect an inheritance, you may wish to consider entering into a nuptial agreement (a pre-nuptial agreement and/or a post-nuptial agreement). This would not prevent the court from making an order on divorce that your inheritance be shared (where needs required it) but would strengthen your case against sharing. If you do not want to share your inherited capital, it will be crucial that you do not mingle it with matrimonial assets. For example, do not use it to reduce the mortgage on a jointly owned property or to pay off joint debt. Keep it separate. And if you do invest it in joint or otherwise matrimonial assets, obtain written agreement from your spouse that they acknowledge that they have no interest in the inheritance. However, even with such an agreement, the court will retain the ultimate decision-making power as to what is to become of it on divorce. If you expect to inherit money or assets in the future, you may also wish to consider appropriate trust planning.