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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​​                         

Procedure

1. Before you can start Court proceedings, you must attend mediation.

The mediator will assist in facilitating negotiations and help parties reach a fair agreement. The mediator will assess whether your case is suitable for mediation.

If mediation is unsuccessful, unsuitable or if the Respondent refuses to engage, the mediator will sign your court form to allow you to issue court proceedings.​

2. The Applicant’s solicitor sends the C100 AND C1A (if applicable) to the Court for filing.

​3. The Court serves a Notice of Proceedings to both the Applicant and the Respondent for the First Appointment.

​4.First Appointment.​

The FIRST APPOINTMENT is your first court hearing. If no agreement can be reached at the hearing the Court will set directions’ which is essentially a to do list for the parties in readiness for the next hearing.

5.The Court sets a date for the Dispute Resolution Appointment.

If an agreement is not reached, the Court will set a date for the Final Hearing and more directions.

The DISPUTE RESOLUTION APPOINTMENT hearing is where the Court will try to assist parties to reach an agreement if one has not been reached by negotiation following the completion of the directions. Most cases are settled at this hearing.

6. Final Hearing where a Final Order will be made.

The FINAL HEARING is where the Court will listen to oral evidence from both parties and assess all the evidence before them.

The Court will then make a Final Order which will decide the arrangements for the child/children and give the reasons for this decision.​​

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Your case will always be allocated to at least two lawyers in order that we provide a seamless customer care to the case.

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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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  • There is no such thing as a “quick divorce”. The Divorce, Dissolution and Separation Act 2020 introduced a minimum period of 6 months for a marriage to be dissolved.
     

  • The only ground for divorce is the irretrievable breakdown of the marriage, and under the Divorce, Dissolution and Separation Act 2020, 

  • Divorce proceedings cannot be commenced within the first year of marriage.
     

  • A divorce will now take a minimum of 6 months. There is now a mandatory 20 week waiting period between the issue of the divorce application and the next stage of the divorce (Conditional Order, previously Decree Nisi).

  • There is a further mandatory 6 week waiting period between the Conditional Order and the Final Order (previously Decree Absolute).
     

  • There are sometimes good reasons to delay the Final Order (previously Decree Absolute), e.g. there are pension issues which mean it is better to be a widow or widower rather than the former spouse in the event of an untimely death.
     

  • The only basis upon which you can now defend a divorce is when there are already existing divorce proceedings in another country, or if there are questions as to the validity of the marriage itself.

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We offer a  free consultation  to go through your options upon your enquiry depending on the facts provided. 

We can give you an assessment 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​

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

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We offer a free 30 minute free consultation 

We offer a free 30 minute free consultation 

COHABITATION/
SEPARATION

A cohabitation agreement, prenuptial or post nuptial agreement ,separation agreement are legal documents created between who have decided to cohabit before or after marriage or have decided to live apart These agreements outline the terms which can include child custody, support, division of assets, financial obligations and any other issues. It serves as a roadmap for both parties, to clarify expectations and responsibilities during the relevant period. Having a well-drafted contractual agreement can help reduce conflict and provide a smoother transition for everyone involved.

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FINANCIAL REMEDY

We sometimes offer a fixed fee structure. However, sometimes it is appropriate to discuss fees directly with you, when it becomes necessary to go to Court to resolve matrimonial finances – i.e. how the matrimonial home, other assets, debts and pensions should be dealt with.

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The divorce, without resolving the finances, takes normally between six to twelve months. Often it is best to finalise the financial aspects of the divorce first before applying for your divorce to be made final.

We offer a free 30 minute free consultation 

We offer a free 30 minute free consultation 

Esther Tan Legal Counsel and Head of Department

Aswathy Sivadas Assistant Solicitor

Jenna Sarson Trainee Solicitor

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