Family Law
Matrimonial and Family Law
Separation and Divorce can be a very confusing and upsetting time for all concerned, raising a whole series of questions and problems needing sensitive and expert handling if distress and disruption is to be minimised, particularly when children are involved.
No two cases are the same and there is, often, no simple answer. Each case depends on its own facts and we understand that maintenance requirements, housing, pension and capital needs, and arrangements for the children all differ from case to case.
Good advice, from the outset, together with sympathetic handling, can do much to bring about an early and economic conclusion for everyone involved.
OUR FEES
It is difficult if not impossible to provide a meaningful estimate at the outset because, as we say above, no two cases are alike so, to provide clarity and certainty, we offer an initial, no-obligation fixed-fee meeting of 60 minutes for £100 plus VAT for all appropriate family matters.
After that, we will be able to advise you on further fees depending on your individual requirements.
Divorce of Marriages/Dissolution of Civil Partnerships
Except in the case of annulment (to declare a marriage null and void e.g. because of bigamy), Divorce proceedings cannot be commenced until at least 12 months have elapsed from the date of the marriage.
Civil Partnerships
Same-sex partners are able to register their relationship through a formal civil ceremony known as a Civil Partnership the effect of which is that partners acquire various rights and responsibilities towards each other, both during the relationship and on separation.
Capital, Property Adjustment and Pension Sharing
In deciding how to divide the assets, the Court (and solicitors whilst attempting to negotiate a settlement) must take into account, amongst other cases, the decision in White -v- White. The starting point is that the assets of the marriage are to be divided equally.
Child Arrangement Orders Relating to Residence & Contact
The welfare of any children in a relationship is, rightly, of absolute importance to all involved. Arguments over children tend to be the most confrontational in family proceedings and we believe that by helping you understand the Court’s approach we can work together to get the best outcome for you and your children.
Pre-Nupital, Post Nuptial and Pre-Registration Agreements
Clearly, there is no good in investing time, effort and expense in securing an Agreement only to find that if it is unenforceable. The difficulty is that we will not know whether or not it is enforceable unless and until the Court is asked to consider it usually on Divorce and, of course, we hope that this will never occur.
Cohabitation
The idea of a ‘common law’ husband or wife is a myth. It is one of the less attractive part of a solicitor`s duty to have to tell a client who has been living with their partner for many years that their rights to seek an interest in the family assets are limited, certainly far more so than if they had been married to each other.
CHRIS DOBBS
FAMILY LAW SOLICITOR
