If you have a family problem we can provide specialist help and guidance through one of the members of our Family Law team. We adopt a firm, but non-confrontational approach as required by the Code of Practice of the Solicitors' Family Law Association. We hold a family franchise from the Legal Services Commission and so in appropriate cases your costs may be paid by the Government through public funding (formerly known as "Legal Aid")

Our family department offers a full range of services. Please contact us to see how we might help you.

Agreements

What happens when you separate?

What are they and are they effective?

Divorce or Judicial Separation

Financial aspects

Pension splitting

Disagreements over residence and contact

Parental Responsibility and unmarried parents

Financial support and the CSA

Child abduction

Adoption

How can we help you?

As yet, unmarried couples do not have the same rights as married couples. Whilst it may not be a very romantic thing to do, you should seriously consider having a proper Agreement drawn up setting out your respective financial rights and responsibilities. Simply having the Agreement may make the relationship less fraught and if it does end, separating is likely to be less painful and easier.

If you intend marrying see pre-nuptial agreements.

Assuming you do not have a pre-existing binding Agreement setting out your respective financial rights then untangling your financial affairs may require legal assistance. We can advise you of the likely outcome should a dispute come to Court, which hopefully will assist an agreed resolution. If there are children involved then the issue of parental responsibility should be considered.

If the breakdown of the relationship has resulted in violence or harassment, simply because you are not married does not prevent you from obtaining assistance from the Courts. See how can we help you.

A pre-nuptial agreement is a written agreement between a couple before they marry setting out what they agree should happen in the event of their subsequent divorce. Whilst such agreements are legal, they are only one of the factors the divorce court takes into consideration. This means the court can order that the couple's assets are divided in a different way to that set out in the pre-nuptial agreement. To date, pre-nuptial agreements have been of little importance in this country and they cannot be relied upon to prevent claims in the event of separation. The Government is considering changing the law to make such agreements binding. Please contact us for the latest information.

For information on agreements between unmarried couples see co-habitation agreements.

There is more to divorce than paperwork. We can advise on all aspects of divorce and related matters; the impact upon children; what will happen to the house; financial issues ; pensions , etc. We know that separation is a stressful time and we take full account of this. We will advise on the availability of mediation and counselling where appropriate. We can also advise on the perils of proceeding with a "DIY divorce" before dealing with financial issues.

It may be that your marriage has not irretrievably broken down or that one party has religious objections to divorce. We can advise about Judicial Separation and the availability of counselling.

The Court has power to make a wide range of different Orders relating to a couples' finances and property, even if the marriage is short and even if there are no children. We are able to advise on all these aspects, including pension splitting [See Pensions). We will take into account the impact of child support legislation.

As from 1st December 2000 the Court will have a new power to make "pension sharing" Orders on divorce. This is in addition to its existing powers to "ear-mark" part of pensions. We can advise you on the implications these new provisions will have for you and the approach adopted by the Court. Pensions are just one part of the property and financial matters on divorce.

We deal with all the legal aspects of a family breakdown and how it affects the children, whether the parents are married, divorced, separated or together. These can include agreements as to who the children will reside with and as to contact between the children and the parents or other people. We can also advise as to who are (or can apply to be) the adults with "parental responsibility".

There has been little publicity about which parents have "parental responsibility" for children and many unmarried parents are not aware of the legal provisions. We will be happy to advise about parental responsibility and where necessary we can prepare a Parental Responsibility Agreement and ensure that it is properly signed, witnessed and registered so that it has legal effect.

If you have care of a child and need financial support from an absent parent then if you are on Income Support you must apply through the Child Support Agency. If you are not on Income Support then you are free to reach an agreement about the arrangements for the financial support of the child. However, in most cases the Court cannot make orders about child maintenance and so in if there is no agreement you will have to apply through the Child Support Agency. We can advise on the current method of calculation of child support (whether you are the potentially paying or receiving parent) and also on the prospects for the future as the Government plans to change the method of calculating child support maintenance.

If you are concerned that your child may be abducted then contact us and we can advise on the various steps available depending on the risk and place to which the child may be taken, including obtaining court orders.

You may wish to adopt a step-child or child placed with you by the Local Authority or one of the adoption agencies. You may want to know the impact of adoption on your own child or grandchild. We are able to advise you on all aspects of adoption.

If you are in fear of violence or troubled by harassment we can advise you as to the appropriate remedies through the Courts and the steps that need to be taken. You may entitled to a special Court Order called an "injunction". The injunction may require the person to stay away from you and/or your home. You do not have to be married to get assistance from the Courts against someone who is harassing or assaulting you.