Family and divorce

Consultations

The first step to obtaining legal advice is often the hardest to take. Our family law team offer two ways to access help and support.

Fixed fee appointment

Should you require specific legal advice tailored to your matter, we would recommend setting up an initial one-hour fixed fee appointment. Whether conducted remotely or in person, this is an opportunity for one of our specialist team to get to know you, go through your concerns and explain the steps that can be taken in your situation.

Your steps to get started

• Before an appointment, we will require you to complete a short questionnaire, which will set out the background to your case. This means we can familiarise ourselves in advance of the meeting meaning we can make the best use of the time we are talking.
• We also require you to complete our ID formalities and will take you through these requirements when you make the appointment.

What will be discussed

• Divorce - grounds, best process for you, costs and timescales;
• Financial matters - options for dispute resolution financial disclosure, a financial application to the court including details of the process and procedure, the approach of the court in dealing with income, capital, pension claims and interim financial arrangements as well as costs and timescales;
• Children’s matters - parental responsibility, living arrangements, contact arrangements, school arrangements, any concerns arising, issuing a children’s application including details of the process, costs and timescales;
• Likely costs and funding options.

Family law clinic

If you require general advice, not bespoke to your circumstances, we are able to offer a pre-booked appointment of up to 30 minutes. Please note these are only available as a remote meeting. Please note will also require your names and addresses of those involved.

Pre-nuptial and post-nuptial agreements

When planning to marry you may be considering the protection of your assets in the event of the breakdown of your marriage, in which case we can advise on the entering in to this agreement. Both partners will need to seek independent legal advice and enter into the agreement no less than one month prior to the marriage taking place.

A post-nuptial agreement is the same as a pre-nuptial in terms of protecting your assets, however as the name suggests this agreement is arranged after the marriage has taken place.

To read more about pre-nuptial and post-nuptial agreements, please read our guide here.

Getting a divorce

Divorce, no matter the length of the marriage or reason for breakup, is an emotionally challenging time. We understand that these times require a sensitive approach and clarity of legal advice.

To file for divorce, one party will be required to demonstrate one or more of the five grounds for divorce, in order to prove the irretrievable breakdown of the marriage.

We have a guide covering the process, costs and the frequently asked questions, to read that please click here.

Civil partnerships

Forming a civil partnership as a couple, is a legally recognised relationship. This option is open to both same-sex and opposite-sex couples. In the same way as with marriage, you are able to protect your assets should the relationship breakdown. This is done through a pre-civil agreement which we are able to guide you through the process of.

Should you or your partner want to end your civil partnership, where with a marriage you would do this through divorce, a civil partnership is ended by dissolution. The process of which however is essentially the same, and we are experienced in advising on these matters.

Cohabitation agreements for unmarried couples

It is a common mis-conception that those that live together but are not married or in a civil partnership, have 50/50 rights to one another’s assets in the event of a relationship breakdown. However, this isn’t the case. Unless you have entered into a co-habitation agreement your legal rights will be limited.

We are able to advise on the formation of these agreements, guiding you through the options open to you.

Mediation, arbitration and collaborative approaches

Taking the process of divorce or dissolution into court should be seen as a last resort. Mediation in the first instance has been deemed compulsory in recent years.

Arbitration

Arbitration is a flexible, confidential, quicker method of dispute resolution. With both sides appointing independent arbitrators who hear evidence from both sides. Then with an understanding of what each side wants to achieve they form a binding decision, or arbitral award, which is later endorsed as an order by the family court.

For further information on the arbitration process and the answers to frequently asked questions, please read our guide to arbitration and divorce here.

Collaborative

We have trained collaborative lawyers who specialise in this approach to divorce. This option removes the formality of a normal divorce, reducing the cost of proceedings, and in many cases can reduce the tension and stress a formal divorce method can place on both parties.

To understand more about the process, including the preparation of your aspiration statement, how the lawyers will prepare prior to your first meeting, and what to expect in the first four-way meeting and beyond, please view our guide and associated podcast here.

Childcare arrangements

With a relationship breakup, if you have children together, you will naturally begin to consider the arrangements moving forward. This is understandably an emotional process. Whether it is the care and access arrangements or maintenance costs, there are important issues to consider. Couples are however encouraged to reach an agreement outside of court, with which our experienced team can help. In the event it is not possible to come to an agreement, we are able to guide through the process of taking the matter to a family court.

We have covered many of the frequently asked questions around this delicate area of divorce in our guide.

Pet care arrangements

A pet is often likened to being a member of the family, and rightly so. As such in the event of a breakup the care of and access to your pet is likely to be a matter you would like to discuss and we are able to assist with this.

Financial, property and pension arrangements

When you work hard to gain the assets you rightly have it is understandable to want to protect them. Whether entering into a marriage or civil partnership or filing for divorce or dissolution, these factors are rightly at the forefront of your mind.

Financial and property

We can provide you with the right advice as to how to settle matters with your spouse regarding the division of assets such as any savings, pensions or the family home.

Pension

Many people rarely consider the implications of divorce on pensions, this specialist area has been discussed by our expert team in our Treatment of Pensions on Divorce podcast.