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                                                   FAMILY                                                   

DIVORCE

CHILDREN

Our team has considerable experience in all matters relating to children.

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In dealing with children cases we recognise that the interest of the child is the paramount consideration, we try to minimise the effect of animosity and hostility between the parties and strive to protect the children from conflicts between the parents.

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The Law relating to Children Cases can be complicated but with our expert guidance we  aim to make it as clear and understandable for you as possible.

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Private Law - We represent mothers, fathers, grandparents and other family members in disputes relating to:

  • Parental responsibility

  • Residence, including shared residence

  • Contact

  • Special Guardianship Orders

  • Prohibited Steps Orders

  • Specific orders, included contested medical treatment and prevention of a Change of Name

We aim to give you the benefit of our knowledge and expertise in a friendly working relationship. We do our best to be supportive and affordable and will always give you an estimate of the likely legal costs involved to help you to work within your budget.

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We offer a 30 minute fixed fee face-to-face appointment to go through your options for £90.00 (VAT included).

We can give you advice on all aspects of family law affecting both married couples or civil partnerships, partners living together and those who are separated.

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What can we help you with:

  • Pre-civil partnership and Pre-Nuptial Agreements and Living Together (Cohabitation) Agreements

  • Divorce proceedings and separation 

  • Civil Partnership dissolution

  • Finances and division of assets

  • Maintenance for you and your children

  • Contact and living arrangements with your children

  • Parental responsibility

  • Removal of children from jurisdiction

  • Change of name deeds

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We fully appreciate that relationship breakdowns are traumatic.Be assured that we will always offer sympathetic advice.

COHABITATION

TOLATA can be used by anyone with an interest in a property, regardless of marital status, and is suitable if the marriage is not valid.

 

TOLATA allows individuals with an interest in a property to apply to the court for an order declaring the nature or extent of their interest.

 

  • The court can make orders concerning the management and disposition of land held on trust, including:

    • Declaration of Interests: Declaring the nature and extent of the parties' interests in the property.

    • Sale of Property: Ordering the sale of the property and distribution of the proceeds according to the parties' beneficial interests.

    • Regulation of Property Use: Regulating how the property is used, including who can live in it and under what conditions.

 

TOLATA can apply to married couples, but in the context of a divorce, the Matrimonial Causes Act 1973 (MCA 1973) is usually more appropriate.

 

The MCA 1973 provides a wider range of options for dealing with property disputes between spouses, such as ordering the sale of the property, transfer of the property, or payment of a lump sum.

 

SEPARATION AGREEMENT

Creating a separation agreement involves several key steps and considerations to ensure that it is comprehensive, fair, and legally binding. 

To ensure that a separation agreement is enforceable in court, key considerations are as set out:

 

  • Legal Advice: It is highly recommended that both parties seek independent legal advice to ensure that their rights and interests are fully protected.

  • Fairness: The agreement should be fair and reasonable to both parties, considering their respective financial positions and contributions.

  • Review and Amendments: The agreement can be reviewed and amended in writing, signed by both parties, if circumstances change.


PRE-NUPTIAL AGREEMENT and POST -NUPTIAL AGREEMENT

These agreements are not automatically binding but can be upheld by the court if certain conditions are met.

 

It is essential to cover several key areas to ensure the agreement is comprehensive, fair, and more likely to be upheld by the courts.

Independent Legal Advice

It is crucial that both parties obtain independent legal advice before signing the agreement. A certificate of legal advice should be incorporated into the agreement

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