Family Law
Our family lawyers understand that going through a divorce or separation can be very stressful. At such a difficult and emotionally challenging time, having clear and pragmatic support can be invaluable. Our Lawyers are trained to make the journey as smooth as possible whilst ensuring that your interests and those of your family, including any children, are protected.
Our aim is to help you resolve the consequences of the breakdown of a marriage or relationship through discussion and negotiation and ultimately avoid the need for you to become involved in costly litigation.
Divorce and Dissolution of Civil Partnership
A couple can only start divorce or dissolution of civil partnership proceedings if they have been married for more than one year.
Through the Divorce, Dissolution and Separation Act (2020), the basis for divorce/dissolution has changed. As from 6th April 2022, ‘No Fault Divorce’ came into effect in England and Wales (please note it does not apply to Scotland and Northern Ireland).
This means that a party can now divorce or dissolve a civil partnership without the need to cite any allegations against the other party.
The only ground for divorce/dissolution is that the marriage/civil partnership has broken down irretrievably, which can now be established by one spouse/civil partner (or both jointly) simply stating this to be the case.
The advantage of this is it removes the unnecessary acrimony at a time when emotions are already running higher and spares children witnessing their parents’ reactions to the harmful allegations made.
The proceedings will take approximately seven months to conclude. There is a Government imposed wait of 20 weeks from the application to the application for Conditional Order. Six weeks and one day after the Conditional Order, an application can be made for the Final Order. A party is free to re-marry upon receiving the Final Order.
Financial matters can be resolved either before or after the Final Order.
Divorce and civil partnership applications are drafted as per your wishes and our experienced team of Lawyers can guide you through the whole process.
Deed of Separation
If you and your spouse/civil partner have agreed issues, a Separation Deed or Agreement can be drawn up and concluded between you. This is a contract between the parties which deals with all aspects of the separation by agreement.
We can draft the agreement and obtain the approval from your spouse/civil partner and or their Solicitors.
Financial Matters
An application may be made within divorce/dissolution proceedings for financial relief, which is known as “financial remedy”.
The Court has the power to make a variety of orders, including maintenance for any children, spousal maintenance, lump sum payments, transfers/division of property, and pensions orders.
When considering what financial orders should be made, the Court has to take into account a number of factors that are listed in the Matrimonial Causes Act.
In practical and simple terms, the determination will come down to establishing what assets are available for distribution, what either party needs and how those needs can best be satisfied.
Sometimes it is possible for the parties to reach an agreement on the division of assets. If financial issues can be agreed upon, this agreement can be formulated as a consent order, otherwise known as a “Financial Remedy Order,” which the Court will be requested to approve.
If agreement cannot be reached, then an application to the Court will be necessary.
Certain forms of financial remedy will be unavailable if a Final Order is obtained before a financial remedy is resolved. You should, therefore, consult us before any application for a Final Order of divorce/dissolution is made.
We would advise that you do not co-habit or re-marry without consulting us. Re-marriage can have very serious consequences on financial proceedings. In particular, re-marriage may prevent you from making an application to the Court to resolve financial issues unless a claim for financial relief has been made prior to re-marriage.
Children
The current law provides that married parents both have parental responsibility for a child and will share decision-making. From December 2003, unmarried fathers whose name appears on the child’s birth certificate have automatic Parental Responsibility.
Step Parents and Grandparents do have rights, although they do not have the same rights as those who have parental responsibility.
The Courts do encourage parents to resolve any differences regarding their children, whether it is childcare or financial, rather than imposing Orders upon them. Unfortunately, when parents cannot agree over arrangements for the upbringing of their children, our experienced Family Law specialists can advise you on the following applications which can be made under the Children Act 1989:
- Child Arrangements Order
This Order determines the parent with whom the child will live and/or what contact they will have with the parent or other family members with whom they are not living.
- Prohibited Steps Order
This is an Order obtained to prevent certain things from happening to the child, for example, an Order preventing the child from being taken abroad by one parent.
- Specific Issue Order
This is an Order seeking the Court to decide upon important issues regarding a child’s upbringing such as education, religion, finances or change of surname or whether a child can leave the UK jurisdiction and reside in another in the absence of agreement.
In most cases, before issuing proceedings, there is a requirement for parents to attend mediation, but there may be cases in which mediation is not suitable. If an agreement cannot be reached, then an application to the Court needs to be made.
The process involves a preliminary hearing before the Court, and if agreement cannot be reached at that time, the Judge will give directions for the progress of the application, including requiring each party to file statements detailing their side of the case. If, after further investigation, an agreement cannot be reached, a Court will then consider all the evidence together with the report, usually from a ‘CAFCASS’ (Children and Family Court Advisory and Support Service) officer or a Social Worker (if Local Authority Social/Children’s Services have already been involved with the family) and make a decision after a full hearing.
Special Guardianship Order
A Special Guardianship Order is a Court Order that places a child or young person into long-term care with someone other than their birth parents. It lasts until the child is 18 years old and gives those who look after the child parental responsibility. In circumstances where tragic accidents happen, such as both parents die, a member of the child’s family can apply to become the Special Guardian for the child. There is an administrative process, and usually, a Social Worker will be appointed by Social Services to support any application made.
Adoption
Applications by Step Parents may be made to adopt a child provided the consent of the birth parents is received. There are many Adoption Agencies, both privately and through your local authority. Every family is different, and if you would like to discuss this further, please do not hesitate to contact us.
We can provide an initial consultation to advise you on all of the above matters and more. All discussions can be done remotely, either by telephone or video conference.
How can we help you? Please call us on +44 (0) 0345 459 0007 to arrange a mutually convenient time to discuss how we can assist you. Alternatively, Email us on mail@kingfields.co.uk* or click here to complete our Free Online Enquiry Form. We will have a chat about your needs, you can ask us any questions you have and we will be happy to have a No Cost or Obligation initial chat with you which we are sure you will find useful.
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Generally, I have received an amazing support, understanding and commitment through the whole sale/purchase process
Dear Sharan,
Just a quick email to say a BIG THANK YOU for all your help purchasing our new home!
You have been fantastic, 5* all the way, and helped with everything so superbly that all went smoothly, thanks to your experience and hard work!
Sorry for the late response, I took some time off last week to sort everything out at the new property.
I hope our paths will cross again very soon, and anything Battersea related do not hesitate to ask.
Best wishes and a Massive thank you again!!!
Ms L & Ms T
24th May 2021
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