Family Law Solicitors
Most people find the breakdown of a relationship, whether that of a married couple, co-habitees or civil partners, a very traumatic and emotional experience. At such a time, the assistance of a sympathetic professional is essential. The aim of our Family Law Department is to help you solve the resulting problems, including how to divide finances and what arrangements to make for children, in a supportive and effective way.
For further information or to make a Free first appointment consultation, please email family@dellapina.co.uk or telephone 01565 634 100.
Divorce / Dissolution of a Civil Partnership
Anyone who petitions (applies) for a divorce must say that that marriage has irretrievably broken down. They must then go on to state the grounds for the divorce or dissolution:
- Adultery or unreasonable behaviour
- Desertion of the other party
- Two years separation with consent of other party
- Five years separation
Financial Aspects
The aim is to try and reach agreement on the division of finances, for example what to do about the family home or whether a pension should be shared. The majority of cases are settled after negotiation and by agreement. Even when agreement is reached, we advise that a Consent Order is drawn up to confirm the terms. Where agreement cannot be reached, it is possible to apply to the Court for a financial order within the proceedings. The Court will set a timetable for both parties and encourages continuation of negotiation. The Court will make final Orders where necessary.
Co-Habitees
People who have lived together and then split up have many similar issues as married couples or civil partners. In some circumstances they will not have the same legal rights as married couples or civil partners. Legal advice should always be sought.
Separation
It may be that people have decided to live apart but are not yet ready for divoice either because they want to review their options or they have not satisfied the criterion for separation. We would normally advise that a formal Separation Agreement should be drawn up as reassurance for both parties, which can be referred to in later divorce proceedings.
Children
When parents separate, arrangements must be made about which parent the children will live with and how often they will see the other parent (the absent parent). The expectation is that the parents will make their own arrangements without involving the Court. The Court will make an Order where there is a dispute, dealing with issues such as:
- Residence - where the children will live
- Contact - when and where the absent parent will see the children
- Prohibited steps - to prevent one parent doing something without the other's consent
- Specific issues - to resolve issues of contention, for example dealing with issues in respect of how children are to be raised
Co-Habitation / Pre-Nuptial or Civil Partnership Agreements
These Agreements are becoming more popular and provide a way of resolving financial and other issues in an atmosphere free of the emotional stress associated with a relationship breakdown. They should be treated with caution and legal advice should always be sought to see if such an Agreement would be appropriate.
