What is Family Law?
Family law encompasses a range of legal issues arising from the breakdown of a relationship/marriage, including divorce, separation, finances, child arrangements, cohabitation disputes and nuptial agreements
Our dedicated team of family solicitors are specialists in all areas of family law including:
What is a no-fault divorce?
No-fault divorce eliminates the need for spouses to assign blame when seeking a divorce if they haven’t been separated for two years or more. Under the previous divorce law, the petitioner had to provide one of five reasons to demonstrate the irreparable breakdown of the marriage, such as adultery, desertion, or unreasonable behaviour.
However, since April 2022, the five reasons have now been replaced with a statement of irretrievable breakdown. The simplified process also includes a 20-week timescale between the issue of the petition and the first stage of the divorce, which provides a period of reflection. In total, there’s a minimum six-month timeframe.
As no-fault divorce is one of the biggest, most recent legislation changes, our expert family solicitors will help you navigate the process in what is a challenging time
Costs are an important factor when choosing a family solicitor. Family law issues can be complex, and it is therefore recommended you take independent legal advice from a Family Law specialist from the beginning. This is to ensure you understand your legal position, the process and the costs that may be involved, to help you make informed decisions.
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There may be numerous reasons legal advice is needed on relationship breakdown, whether it is for divorce proceedings, advice on making arrangements for children or about financial implications on separation.
We advise on issues common to many families on relationship breakdown and provide legal assistance and representation for a variety of family disputes.
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Our Family Department understands this can be a very emotional time and knows that dealing with legal aspects of family problems requires a comprehensive knowledge of the law together with a sympathetic and conciliatory approach.
Of course, sometimes, there are circumstances when a tough stance is called for and because of our vast experience in dealing with this type of work, we are able to adopt the most effective approach to meet the needs of our clients.
If you and your partner have divorced or separated, who gets custody of the children is likely to be one of the biggest disagreements between you. The term “custody” has not been used by the UK courts for some time but it is still popular amongst the general public.
These days, family courts use the words ‘child arrangements‘, which is not only a more sensitive phrase, it also reflects the facts that these are designed to meet the needs of the children rather than the wishes of the parents alone.
If the parents cannot agree the arrangements between them, ultimately a Court can make that decision for them.
 Can I arrange to get child custody?
In the eyes of the law, the starting point for all child arrangements between separated couples is that the care of the child should be shared with both parents, unless this would be likely to adversely affect the child’s welfare.
Naturally, there may be reasons why you think that sole custody would be best for the child or children, but the law requires that in the first instance, you try to arrange this amicably with the other parent.
If that isn’t possible, the next step is to seek a child arrangement order from a court. However, before you can make this application, you must first attend a Mediation Information Assessment Meeting (MIAM).
If mediation doesn’t work, either because you can’t agree or because your former partner is violent or abusive, we could then help you to seek a child arrangement order in the family court.
This is a court order that is binding on both parents, and which often sets out the times and days that children must spend time with you and your former partner.
 WHO WILL THE COURT GIVE CUSTODY?
When considering arrangements for children, family court judges always refer to the following welfare checklist, which is set out in legislation:
Whilst the welfare checklist is meant to be used by judges when assessing arrangements for children, if you are a parent who wants a child arrangements order, relying on the welfare checklist is a good place to start for most parents.
A prenuptial agreement (often called a prenup) is a contract made between two parties before they marry. A prenup specifies an agreed settlement with regards to property and other assets in the event that the marriage breaks down
While they are often regarded as simply a way for rich people to protect their assets when they marry someone less wealthy, that isn’t the only purpose of a prenuptial agreement. In fact, a prenuptial agreement can be a good way to start your marriage in a spirit of openness and honesty.
This is especially true if it is drawn up in such a way as to ensure that you would both be able to move on in your lives with financial security in the event of divorce.
It’s certainly true that very wealthy people are more likely to seek a prenuptial agreement than those without many assets, but these agreements are also recommended for people in a variety of circumstances, such as:
Naturally, there are many other reasons why one or both of you might wish to have a prenuptial agreement. If you are unsure if this approach is right for you, feel free to talk to one of our expert prenuptial agreement lawyers who can guide you through the pros and cons of prenuptial agreements.
No, prenuptial agreements aren’t legally binding in the UK. Having said that, the courts don’t dismiss prenuptial agreements out of hand either.
In the event that you disagree over money and property and seek a settlement on divorce in court, the judge will carefully consider any prenuptial agreement you were both party to. They will consider factors such as:
If the answer to all of these questions is ‘yes’, there is a strong likelihood that a UK court will uphold the agreement.
However, it’s wise to make sure that the terms of the agreement really are fair, and that your prenuptial agreement is signed by you both at least 28 days before you marry, but preferably long before you marry, as this not only allows for a ‘cooling off period’ it will also make it clearer to the court that no last minute pressure was applied and that both parties entered into the agreement of their own free will.
No, prenuptial agreements can only be made before you marry. However, it is still possible for you to make a postnuptial agreement if both parties are willing to do so. Our lawyers can help with those too.
There’s a quite dangerous myth many cohabiting couples still believe that after a few years you become ‘common law’ spouses with the same rights as married couples.
The fact is that if you aren’t married, you will both be left in a very uncertain position over things like property and money should you ever decide to go your separate ways.
Even if you have joint ownership of a property and similar incomes, things could become very complex and difficult in the event of a split. That’s why our experienced family lawyers generally recommend that cohabiting couples enter into a cohabitation agreement as early as possible in their relationship.
This sets out what you both intend to do regarding your property and money in the event that you should ever split up. For example, one of you might own the property and have a tidy sum in a pension fund, while the other doesn’t.
If you should split up in later life, that could leave one of you in a very insecure position, even if you have spent 20 years contributing to household expenses and other costs. Similarly, if you own your own home, you might want to make absolutely sure that it’s protected if your relationship ends after just a few years.
Therefore, if you don’t want to get married, but you do want your relationship to be on a firm and fair footing, why not ask one of our friendly family lawyers to explain the benefits of a cohabitation agreement?
Our experienced cohabitation agreement lawyers have the expertise you need to protect your rights, including:
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