I can advise and assist you with the following areas of family law:
Divorce (or dissolution in the case of a civil partnership) is a relatively simple process which many people undertake themselves without involving a lawyer, especially now that we have the ‘no fault divorce’ process. You can find more information about how to do so here. It is important, however, to get advice at an early stage even where you are doing the divorce yourself, as there are implications of the divorce process upon your financial situation that you may not be aware of.
Separation agreements are usually used as a holding position where a separation has happened, but it is too early in the divorce process to file a financial consent order. They set out the agreed financial arrangements, and need to be properly drafted and executed (signed before witnesses) to ensure that they will be validated at a later stage. This is particularly important, for example, when you are selling the family home and dividing the proceeds between you, but have not yet started the divorce process or have only recently done so. Separation agreements can also be used for unmarried couples to clarify any agreement reached as to the distribution of assets after a separation.
Financial settlement and financial disputes following divorce or separation. When a relationship breaks down, there are various ways to try and agree how to distribute assets between you, for example through direct discussions, mediation or through solicitors. Court proceedings should only be used as a last resort, usually where one person is being particularly unreasonable, there is domestic abuse, or all attempts at communication and mediation have failed. The law around finances following a divorce is complex, and it is important to get legal advice at an early stage even when it is amicable, to ensure that the agreement that you reach between you is fair to you, and is likely to be held to be binding by the Court.
Financial Consent Orders are needed to confirm the financial arrangements agreed between you, and will need to be properly drafted, accompanied by the correct financial information, then signed and dated by both parties. The financial Consent Order needs to be approved by a Judge but this is done ‘on paper’, so you do not usually need to attend a Court hearing. Sometimes the Judge will raise questions if they believe the agreement is unfair to one party, or if it hasn’t been properly thought through. Having your financial Consent Order in place is very important, as it will protect you against any claims in the future, which your spouse can potentially make even against assets that you acquire after you separate or divorce.
Mediation support for agreeing financial and child arrangements: I work with well-trusted local mediators to ensure that my clients go into the mediation process with a good understanding of the various options for mediation, where they stand, and the possible outcomes, so that they have the best possible chance of reaching a satisfactory agreement. I offer various fixed fee packages to work with you alongside the mediation process, or afterwards when the financial Consent Order needs to be drawn up. See my costs page for information about my fixed fees, and see my useful information page for more details about the mediation process.
Variation of Spousal Maintenance applications where you want to change the amount of maintenance you are paying or being paid by your former spouse.
Pre-nuptial and post-nuptial Agreements protect assets in the event of separation and have become far more common recently, as English law has changed in recent years to give more weight to such agreements. They need to be properly prepared and executed to ensure that they will be considered to be valid in future.
Cohabitation agreements are prepared for unmarried parties moving in together, who wish to ensure that their financial arrangements are clearly set out at the outset of living together as a couple.
Child arrangements for parents and grandparents. You will probably have heard these being commonly referred to as ‘access’ and ‘custody’, or ‘contact’ and ‘residence’. All these terms apply to situations in which you want to make formal arrangements regarding how often your children (or grandchildren) see you, or their other parent, and who they should live with. Again, all attempts will be made to resolve matters without going to Court as it is usually in the child’s best interests to avoid Court proceedings wherever possible. If it does end up in Court, I have many years of experience of dealing with such disputes in a robust yet sensitive and child-focussed manner.
Parental responsibility, specific issue and prohibited steps orders. Sometimes, separated parents may disagree as to what is best for their child in terms of schooling, religion, treatment or travel abroad. In these instances, it may be necessary for a Court to determine the outcome where agreement cannot be reached by other methods.
Relocation of children, within the country or overseas. If one parent wishes to move away with a child to a different part of the country, or even abroad, then it may be necessary for the Court to become involved to decide where the child should live.
Advice, support and representation around domestic abuse. It is now recognised that domestic abuse is widespread and can take many forms, including coercive control and harassment, which can continue after a relationship has ended. I can signpost clients towards the relevant support agencies and take any necessary action, which may include applying to the Court for a non-molestation order (commonly known as ‘an injunction’) or an occupation order (to exclude someone from a property). I can also support clients in liaising with the police, which can be a stressful process.
If your matter involves any other legal issues, I can refer you to a trusted practitioner in my professional network.
If you’d like to discuss any of the matters mentioned above, please do contact me to book an appointment.
