Divorce Solicitors & Family Law

Family law issues are usually very complicated and very personal.

Disputes that arise can be very emotionally taxing on all parties so we make it our aim to settle problems in a timely and efficient manner and to stop these disputes from escalating.

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The breakdown of relationships can be particularly challenging and different people deal with this life change in different ways. We believe in the importance of presenting legal information and advice to our clients in a straightforward manner to make decision making and getting through this tough time as easy as possible.

Divorce Lawyers and Solicitors

Going through a divorce can be a daunting and painful process, affecting not only your life, but that of any children and relatives. It could even have an impact on your ability to retire on a decent pension. This is why it is vital to take advice from a professional, someone that has seen it all and knows how to handle to most difficult of cases.

Regardless of the scenario you find yourself in, our divorce lawyers can help. We start by having a discussion about your particular circumstances, and then, once we have all the facts, we will talk you through the various alternatives.

Out of Court Divorce

A court is always involved with any divorce, as only they can issue the final decree nisi and decree absolute. However, in some cases, where both parties agree to end the marriage,  it will not be necessary for either party to attend a court at all. In such amicable circumstances any financial settlement can often also be agreed out of court. In some instances this can be difficult, especially where one party believes that they have contributed more during the life of the marriage, and of course, the matter is even more complex where children are involved.

This is why it is important, even when the situation looks to be agreeable to all, to take advice from a lawyer, just so that you can be assured that all is well.

Financial Settlements

There are many things to sort out during these challenging times, not least the matter of money and finances. Many couples endeavour to keep their finances as separate as possible during their marriage or civil partnership. However, even in these circumstances it will be necessary to reach a formal financial settlement when they divorce. We are here to help you manage the division of all the family assets, this including property and pensions in a mutually agreeable manner as fairly and successfully as possible.

Child Arrangements and Children’s Law Solicitors

The issues surrounding the custody of any children can also be difficult to deal with. Whilst it is hoped that these arrangements for the children can be dealt with amicably without the need for solicitors, sometimes this is not the case. If you find yourself in this position, then no matter how difficult and complex the situation is, we have an experienced team on hand ready to provide you with expert advice.

Our Solicitors have extensive knowledge of dealing with child arrangements where serious safeguarding concerns are raised and/or there are jurisdiction issues.

Where it is not possible to come to an agreement, or where there is doubt about the safety of any children, it may be necessary to take the matter to court. Family courts always put the safety of children first at all times, child arrangement orders being made to ensure this. We have great experience in dealing with the courts and can help you apply for a court order if needed.

What is a Child Arrangement

In most cases, even when the parents have never lived together, an agreement on where any children will live and how much access the other party has must be reached. As you can imagine, this is not always possible, especially if there is a deal of ill feeling between the parties concerned.

It has to be understood that both parents will not want to be separated from their children for long periods of time, so any agreement should be framed in a way that meets this need. However, when it is not possible to reach such an agreement it will probably be necessary to seek an order from the court. However, before you can apply for an order you will have to attend a Mediation Information Assessment Meeting (MIAM).

Such an order is binding on both parties, it setting out the times and days that the children will stay at one residence or another. The law states that children should have contact with both parents unless that is there are concerns about their safety or welfare.

Sole Custody Lawyers

As mentioned above in most instances a family court will wish for any children to be cared for by both parents. However, where one parent believes that this is not in the best interests of the children, they would need to seek full custody. This is not an easy task and the court will demand to know what steps have been taken to resolve any issues, together with details of the mediation (MIAM ) stage.

If you feel that there is a danger to your children, or have other reasons why you should have sole custody, then please speak with one of our highly trained solicitors in order that we can calculate your chances of success.

How a Child Arrangement is decided

The family court  follows a strict process, known as the ‘welfare checklist’.

• One of the main considerations is the wishes of the children, the matter of their age and ability to understand being taken into account. In most instances, children of nine years or more are deemed to be able to comprehend the matters being decided.
• The children’s physical and emotional requirements, their gender, background, and the effect of any court order have also to be considered.
• The risk of harm to the child, or any risk that they may suffer.
• The capabilities of both parents to meet the needs of the children. For example, which parent has the time available to look after them, and which lives nearest to their schools and friends?
• The relevant powers that the Childrens Act have also to be taken into account.

How we can help you obtain a child arrangement order

As you can see, going before a family court to obtain a child arrangement order unprepared, i.e. without the assistance of a lawyer, may not be the best option. Let our experienced team ensure that you are ready to answer all the questions, and so that you are able to deal with the situation, as that is far more likely to lead to the outcome you wish.

Child Maintenance

When any issues regarding children have been resolved, the next matter of concern is normally that of finance. It is always best when both parties can come to a mutually agreeable solution regarding child maintenance, but when this is not possible our family lawyers have the experience and skills to help.

Under UK Law, parents who are not living with any children under the age of 16 (later if they remain in full time education) have a legal duty to support them. It does not matter if the parents never lived together.

However, not every parent is willing to agree to support their children without some pressure being brought to bear. If you find yourself in this unfortunate situation, then our specialist lawyers are here to help.

Domestic Violence Lawyers

Our lawyers also recognise that domestic violence and abuse may play a part with any case relating to access and custody rights. But, it is a sad fact that many people are living with an abusive or violent partner, often causing massive damage to their wellbeing and life. No one should be subject to such abuse and we are here to help you.

Of course, calling the Police is one way of dealing with such a situation, but sometimes this, for one reason or another is not the best course of action.  The good news is that there are various legal ways of providing the protection you need, especially important when you don’t wish to bring criminal charges for some reason.

And if you are experiencing abuse from a family member, then we can help provide a permanent solution here too.

 Our lawyers are specially trained in working with domestic violence cases and they will advance the strongest possible case on your behalf.

Civil Partnership Solicitors

Civil partnerships are a useful way of financially protecting both yourself and your partner without the need for a traditional marriage. If you need advice on registering a civil partnership or need to dissolve one, our team of experienced lawyers are ready to provide you with all the assistance you need.

Prenuptial Agreements

Lastly, we can also help you with the setting up of a prenuptial agreement. Many feel that these are unromantic and suggest that the marriage is not going to last, but having said that, they are the very best way of protecting the assets of both parties should the marriage end prematurely.

Whilst associated by many with only the wealthiest of people, they can also be right for those who wish to protect a business or have children from a previous relationship. They are also very useful when you are marrying someone from another country and need to protect your assets from the rules in that other legal jurisdiction.

It must be pointed out that in the UK, prenups (as they are also known) are not legally binding. However, the courts do take them into consideration when dealing with any financial settlement.

For the prenup to work effectively, it must be proven that it was entered into voluntarily and that all parties understood what they were agreeing to. The agreement must also be seen to be fair, and that all assets were disclosed. The agreement should have also been signed at least 28 days before the marriage (the longer the better, the gap being seen as a ‘cooling off’ period).

There is another important factor, that of whether both parties took legal advice before they signed the prenup. If it can be proved that this was the case, it makes it even more likely that the conditions of the prenup will be upheld by any court.

We can also speak your language! We have expert lawyers that can speak to you in a number of different languages including Urdu, Punjabi and Hindi.

Concerned about how the current situation may affect you or an existing Child Arrangement Order?

Then get in touch with our specialist family lawyers

What Ward & Rider’s Family Law Team Can Help With:

• Divorce and Separation
•  Prenuptial Agreements
•  Money & Property Division (including Dowery)
•  Cohabitee and Property Rights
•   Civil Partnership Issues
•   Child Arrangements
•   Domestic Violence and Injunctions
  
  

 Why Choose Ward & Rider:

Our carefully selected family team of lawyers and support staff combine expertise and diligence together with a manner which enables each client to feel relaxed and reassured.

We recognise that a ‘one size fits all’ approach is not appropriate in matters of family law. Our advice will always be specific to you and with all the facts taken into account.

If you are facing a divorce, separation or any other family law issue, our family lawyers are ready to help.

Call us now on  0800 316 5887

Frequently Asked Questions…

How do I begin divorcing my partner?

The first stage to obtaining a divorce is to check you can under the law, based upon an irretrievable breakdown of your marriage before you apply. To discuss your circumstances and the options open to you please contact our team.

How much does a divorce/family law solicitor cost?

We are able to provide you with clear estimates of the cost of representation at the outset of your matter, and will keep you updated of the costs throughout the process.

How long does it take to get a divorce?

Every divorce is different but on average a divorce can take between 6 and 8 months, however, if there are financial issues or other complications arising from a party being uncooperative it could take longer.

What is mediation?

Mediation is a common way for spouses to come up with a divorce settlement together with the help of a third party. Less expensive than a court trial, a mediator isn’t bought in to make decisions for you, instead, they facilitate you and your spouse making arrangements for practicalities following your divorce, including child arrangements and division of assets. The core benefit of mediation is that it leaves you to agree together, and communicate what you both feel is an appropriate divorce settlement, as opposed to a court forcing a decision upon you.

What is an ‘irretrievable breakdown?

An irretrievable breakdown of a marriage is the only way in law in England under which a couple can qualify for a divorce. There are 5 ways in which an irretrievable breakdown can be demonstrated to the courts,  these are adultery, unreasonable behaviour, desertion, 2 years separation (with consent- so you both agree to a divorce) and a 5-year separation .