Family
The breakdown of any relationship is often a very difficult and emotional time.
We endeavour to provide a personal and supportive service, with well informed and considered advice and prompt legal action when required.
We are able to offer help and advice on matters such as:-
Divorce / separation
Cohabitee disputes
Civil partnerships
Property / financial settlements arising from a relationship breakdown
Residence and contact with children
There is only one ground for divorce and that is that the marriage has broken down irretrievably.
To satisfy the court that there has been an irretrievable breakdown one of five facts must be proved, namely adultery, the unreasonable behaviour of the respondent party, that one party has deserted the other at least two years before the start of the divorce, that the parties have lived apart for at least two years [which would require the respondent party’s consent] or five years before the start of the divorce.
If you would prefer to regularise your separation without actually divorcing there are two options available:
- judicial separation;
- separation agreement.
This involves a court procedure which is virtually identical to that which applies to a divorce. The essential difference is that the court pronounces a decree of judicial separation rather than a divorce and therefore you and your spouse would remain married. The main reason people choose judicial separation over divorce is for religious reasons or if valuable pension benefits are lost on divorce. However, since the court can now share pensions, this is no longer so important.
Many couples prefer to reach an agreement about financial matters arising out of their separation without involving the court at all. The way this can be achieved is for them to sign a written document which incorporates the agreement they have reached. Commonly, such agreements deal with confirmation that the parties to the marriage are to live apart and the manner in which any maintenance and property issues are to be dealt with. Whilst there are no restrictions on what can or cannot be included in such an agreement, it is important to bear in mind that if either person makes a subsequent financial application to the court, the court is not bound by the financial arrangements in the separation agreement.
We can offer competent and cost effective advice and representation on all aspects of divorce and separation so as to conclude matters as quickly and effectively as possible.
You and your partner may have decided to live together without getting married. Such couples are known as “cohabitees”. The financial implications of a relationship breakdown between cohabitees and the rights of cohabitees in such circumstances are different from those of married couples.
We are able to advise, negotiate and litigate on your behalf to satisfactory conclude all issues arising from the breakdown of a cohabitee relationship.
By the Civil Partnership Act 2004, since 21 December 2005 same sex couples are able to register their relationship as a civil partnership.
Registering your civil partnership would not give you exactly the same rights as if you were actually married; tax rights, property rights, inheritance rights, parental rights. While there are similarities, the rules are different.
Inevitably some of these partnerships will break down and the Act introduces the rules on dissolution. As with a marriage, a civil partnership can only be dissolved by order of the Court. The Court has the same power as within divorce to make orders in respect of any children and financial provision in the form of property transfer, pension, lump sum and maintenance orders.
We are able to advise as to the likely financial consequences of registering a civil partnership in terms of how this will immediately effect you. We can also offer help and advice in the unhappy circumstances of a breakdown of a civil partnership.
Property / financial settlements
It is extremely important for each party to have a full and clear picture of the other party’s financial position, together with documentary evidence in support, before entering into an agreement for the division of the former matrimonial assets. This can be carried out by way of voluntary financial disclosure or by making an application to the Court.
Quite often an agreement is negotiated and incorporated into a Financial Consent Order. This could happen without the need to go to Court or when an agreement is made during Court Proceedings for Financial Ancillary Relief.
A Financial Consent Order sets out the agreement made between the parties and usually deals with division of money, properties, life insurance, pensions, savings etc. It also deals with maintenance issues.
The Financial Consent Order acts as a contract between the parties and, if one party breaks the agreement, the other can go back to the Court to enforce that part of the Order.
If no agreement can be reached regarding financial matters, then it would be necessary to make a formal application to the Court within divorce proceedings to deal with financial settlement. Such an application to the Court will encourage the parties to reach agreement, reduce unnecessary cost and impose a strict timetable so that the finances can be resolved with the minimum of delay.
We would always try to negotiate towards an agreed fair and reasonable financial settlement without the need for costly and stressful Court hearings; however, if litigation becomes unavoidable, we will vigorously pursue your case so as to reach the best possible solution.
Residence and contact with children
Sometimes there can be difficulties in resolving contact and residence arrangements for children following the breakdown of their parents’ marriage. We would always endeavour to approach these matters in a reassuring and sympathetic manner so as to reach a solution with the least possible stress and upset for all those involved.
Whilst the Court will only intervene and make a formal order in relation to the children when there is dispute between the parents, there are a range of orders available, which include determination as to where the children are to live, the frequency and manner of contact for the children with the parent who does not have full time care of them, and other issues.
