Family

Advice & support

The distress of a relationship breakdown cannot be underestimated, particularly where children are involved.

Every situation is unique, with different issues to be resolved, from arrangements for children to complex financial matters.  Our advice is tailored to your needs.

What we do

At AWB Charlesworth, we will always act in your best interests.

We believe that Court should be avoided wherever possible.  We will explore whether mediation or other approaches may be better for you.

Where an amicable resolution is not possible and Court proceedings are your only real option, we have the expertise and track record to guide and support you through the process and achieve the best results for you.

Either way, our aim is to achieve the right outcome.

Expert resources

Beyond our legal expertise, we have contacts with numerous experts who we instruct regularly to provide expert advice if needed.  Those experts include:-

• counsellors – to support you emotionally through the process
• accountants (forensic/tax) – to advise on business interests and taxation issues
• pensions experts – to advise on pensions
• surveyors – to value and report on commercial, residential and agricultural properties
• medical experts – for use in child and financial matters
• valuation experts – for items such as antiques or artwork

For help with your Family Law matters, call:

Review our client testimonials here.

Your First Meeting

Before you commit to anything, we offer a face-to-face meeting with one of our solicitors for a fixed fee of £60.00.

At your first meeting, we shall:-

• ask you to explain the issues
• establish what you wish to achieve
• explain your options and the likely procedure
• give an estimate of your likely costs
• agree with you as to how you wish to proceed.

Typically, your first meeting will last between 1-2 hours, after which you will have a full understanding of your options and the likely costs of achieving a resolution.

At your first meeting, you will be required to bring identification:-

• your passport or a photocard driving licence; and
• a recent bank statement or utility bill.

If you wish to arrange a meeting, please contact a member of our family team at one of our 4 offices.

Divorce

To obtain a divorce in England and Wales, you need to establish that you have been married for more than a year and that the marriage has broken down irretrievably.

You also need to establish one of the following grounds:-

• adultery (that your spouse has had an affair)
• unreasonable behaviour (that your spouse has behaved in such a way that you cannot be expected to live with them)
• desertion (that your spouse has deserted you for a continuous period of at least 2 years prior to issuing the Petition)
• that you have been living apart for at least 2 years and your spouse also wants a divorce
• that you have been living apart for 5 years

Simply ‘not getting on’ is not sufficient grounds for a divorce.

Procedure

A divorce is started by one person, called the ‘Petitioner’, filing a Petition setting out the grounds for divorce. The spouse receiving the divorce papers is called the ‘Respondent’.

1. A Divorce Petition is sent to the Divorce Centre (the Court).
2. A copy is sent to your spouse (the Respondent).
3. Your spouse completes an Acknowledgement of Service stating whether they intend to contest (defend) the divorce. Divorce proceedings are very rarely defended.
4. If undefended, you sign a Statement confirming the details of your Divorce Petition are true.
5. The Court considers all the papers and decides if you are entitled to a divorce.
6. The divorce comes in two parts:- Decree Nisi and Decree Absolute.

How long will it take?

If your spouse co-operates, the process is likely to take 4-6 months.  Occasionally, there are difficulties in proving service of the divorce papers and they may need to be personally served, which will lengthen the process.

Sorting out financial issues or issues relating to the children can take considerably longer, sometimes up to 12-18 months.

Judicial Separation

This is a rarely used process where the procedure is similar to divorce, but you will remain married at the end of it.  It is an option for those who do not wish to divorce for cultural or religious reasons.

The Court has the same powers to deal with financial issues or issues relating to children.

Separation Agreement

In some situations there are no grounds for an immediate divorce or you may not wish to proceed with a divorce at this stage.

Separation Agreements are a means by which any agreement reached can be recorded in a contractual document without the intervention of the Courts.

Matters which may be included within a Separation Agreement are:-

• how any property/land is to be divided
• division of pensions
• maintenance
• responsibility for bills
• responsibility for debts

Any agreement is tailored to your individual circumstances.

You may find the following blogs written by our Family Solicitors a useful read:

“Is there such a thing as a quickie divorce?”

“Step by step guide to divorce”

“10 frequently asked questions on divorce”

For help with your Divorce and Separation matters, call

Civil Partnerships

For same-sex couples in a civil partnership, ending a relationship can be a very stressful and emotional time.  It is important that you appreciate your rights and what you can expect should the relationship break down.

Dissolution

Dissolution is the legal process that will bring an end to a civil partnership.  It is the equivalent of a divorce for married couples.

As with marriage, a civil partnership can only be brought to an end by Court order or the death of one of the partners.

You can apply to the Court for dissolution of a civil partnership provided you have been in the partnership for at least a year.  The ground for a dissolution is the irretrievable breakdown of the civil partnership.

You also need to establish one of the following facts:-

• unreasonable behaviour (that your civil partner has behaved in such a way that you cannot be expected to live with them)
• desertion (that your partner has deserted you for a continuous period of at least 2 years prior to issuing the Petition)
• that you have been living apart for at least 2 years and your partner consents to the dissolution
• that you have been living apart for 5 years

Simply ‘not getting on’ is not sufficient grounds for a dissolution.

Procedure

A dissolution is started by one person, called the ‘Petitioner’, filing a Petition setting out grounds for dissolution.  The partner receiving the papers is called the ‘Respondent’.

1.  A Dissolution Petition is sent to the Divorce Centre (the Court).
2.  A copy is sent to your partner (the Respondent).
3.  Your partner completes an Acknowledgement of Service stating whether they intend to  contest (defend) the dissolution.
4.  If undefended, you apply for a conditional order.
5.  6 weeks and 1 day after the conditional order you may apply for a final order which  legally ends your civil partnership.

It is advisable not to apply for the final order until such time as financial issues have been resolved and approved by the Court.

How long will it take?

If your partner co-operates, the process is likely to take 4-5 months.  Occasionally, there are difficulties in proving service of the dissolution papers and they may need to be personally served, which will lengthen the process.

Sorting out financial issues or issues relating to the children can take considerably longer, sometimes up to 12-18 months.

To find out more about Civil Partnership agreements and advice on relationship breakdowns please call

Financial Settlements

We understand that after a divorce or separation, you wish to ensure that you achieve financial security for you and your children.

Reaching a financial settlement can often be the most difficult part of the process.  We will assist you in reaching a settlement that is fair and realistic.

Each case is unique. We will look at all the circumstances and advise you as to the type of settlement you can achieve.  There is an obligation on both you and your spouse to provide full disclosure of your financial affairs.

We always encourage settlement through negotiation or mediation.  This will reduce costs and potential conflict.

Where this is not possible and Court proceedings are necessary, we ensure that we act in your best interests and guide you through the Court process to achieve the best possible result for you and your children.

We have access to expert resources to ensure that an all-round specialist service is offered to you.

Read more here about:

•  Factors to be taken into account.
•  Court Procedure
• Orders the Court can make.

You may also find the following recent AWB Charlesworth Family blogs of interest:

• “Tipping the balance – Needs over sharing”
• “Securing Financial future on Divorce”

For help with your Family financial matters, call

Review our client testimonials here.

Children

A divorce or separation can be a particularly difficult time for any children of the family.

We aim to help separating couples reach agreement about the practicalities of shared parenting.

The Court will only become involved if there is a dispute over children that cannot be resolved amicably through mediation or correspondence.  The Court works on a ‘no order’ principle and an order will be made only if the Court is satisfied that it is in the child’s best interests.

The welfare checklist

In making any decision concerning a child, the Court will look at the following factors (known as the ‘welfare checklist’):-

• the wishes and feelings of the child if of an age to express these
• the child’s physical, emotional and educational needs
• the likely effect on the child of any change in circumstances
• the child’s age, sex, background and any characteristics the Court could consider relevant
• any harm that the child has suffered or is at risk of suffering
• how capable each parent is of meeting the child’s needs

If an application to the Court is issued by either parent, the Court will appoint an independent officer from Cafcass (Children and Family Court Advisory and Support Service) to help the Court make safe decisions about arrangements for children.

Read more about:-

• Children- Orders the Court can make
• Children- Who can apply for Court Orders
• Children- Parental Responsibility

You may also find the following recent AWB Charlesworth blog of interest:

• “Child arrangements- FAQ’s”

For help with your Family Law matters including children, call

Review our client testimonials here.

Child Maintenance

When a relationship breaks down, the parent with whom the child lives is entitled to financial support from the other parent to meet the child’s everyday living costs.

You can agree the level of child maintenance yourself through a family based arrangement or where agreement can’t be reached, through the Child Maintenance Service (CMS).  The CMS has replaced the Child Support Agency (CSA).  The CSA is closed to new applications but still manages arrangements set up before 2013.

Family-based arrangements 

These are arrangements that you as parents agree between yourselves.

You agree how much the payments should be and when they should be made.  It is helpful to put the agreement in writing, but it is not legally binding.

To work out what payments should be, you can use the child maintenance calculator to work out what it should be.

Child Maintenance Service (CMS)

If you can’t agree the level of child maintenance with your former spouse or parent, you will have to contact the CMS.  They will help you:-

• locate and liaise with the other parent
• calculate and arrange the maintenance payment
• enforce and collect payments if payments are not made

Either parent can apply to the CMS.

On 20^th June 2014 the Government introduced application fees, collection fees and enforcement charges.

More information can be obtained from the following websites:-

Child Maintenance Options

Child Maintenance Services

For advice on child maintenance please contact:

Review our client testimonials here.

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Emergency Orders

Our family team will respond quickly to situations where you may need to obtain an emergency injunction.

Domestic Violence Injunction

We can apply for an emergency Court Order if you have been subjected to physical, sexual or psychological abuse by your spouse, your partner or a child.

• Non-molestation Order – to protect you or your children from harassment, intimidation, violence or threats of violence
• Occupation Order – to enable you to remain living in a property to the exclusion of your spouse or partner

Both these orders are short-term remedies.

Property Injunction

If there is a risk that your spouse is trying to dispose of or hide property or assets, we can secure an injunction freezing assets until the divorce has been concluded.

If you believe your spouse has already disposed of assets, you can apply to the Court to set that disposition aside.

For help with emergency orders, contact:

Review our client testimonials here.

Pre and Post-nuptial Agreements

A pre-nuptial agreement is a written contract entered into by two people before marriage.  It sets out the assets of each party to the marriage and how their assets are to be divided in the event of a divorce or separation.

Pre-nuptial agreements are useful in the following situations:-

• where there is a substantial difference in your financial positions
• to protect wealth accrued prior to your marriage
• where you have a previous family you wish to retain capital for
• to minimise conflict in resolving financial issues should the relationship break down
• where you have been married before
• where you are likely to inherit assets during the marriage

Current law

 Pre-nuptial agreements are not automatically enforceable in England and Wales at the moment.

However the landmark decision of Radmacher v Granatino in Autumn 2012 ruled that if you enter into a properly drawn up pre-nuptial agreement fully aware of its implications it is likely that you will be bound by its terms.

However certain safeguards have to be considered.  The family team at AWB Charlesworth can advise on the steps that need to be taken to enter into a properly drafted pre-nuptial agreement.

In addition, we can advise on and prepare post-nuptial agreements, entered into after the marriage.

Take a look at our most recent blog on this topic here.

For help with your Pre or Post- nuptial agreements, contact:

Co-habitation

Living together

 Many couples choose to live together instead of committing to marriage.  However English law treats unmarried couples very differently to married couples.

You should be aware of the potential consequences if you and your partner separate.

There is a long-established myth that a man and woman living together acquire a special legal status of “common law” husband and wife.  Such a status does not exist and it is usually only on the breakdown of a relationship that unmarried couples become aware of the limited legal rights they have.

Cohabiting couples are treated as unrelated individuals.  They will have no rights in relation to each other’s assets except in limited circumstances.

Property

Most disputes we encounter relate to property.  In a divorce situation, the Courts have discretion to ensure fairness is achieved taking all the circumstances of the case into account.

With a cohabitation break-up, the strict laws of property and trusts apply.

This is a complex area of law and you should seek early advice from one of our family lawyers if you are thinking of separating and have property assets.

Children

Where a couple has children, there is an ongoing obligation for children to be supported financially.  If you are the main carer, you are able to claim child maintenance regardless of whether you are married.

In some circumstances, it is possible for a parent to apply to the Court for a lump sum payment or for permission to continue to live in the family home with the children, until they are grown up.

Protecting your position

It is possible to enter into a cohabitation agreement (also known as a cohabitation contract, cohabitation deed and living together agreement).

Matters such as financial arrangements, ownership of property and child arrangements can be included in the deed.  Such an agreement can avoid costly potential litigation on the breakdown of a relationship.

The following recent AWB Charlesworth blog may be of interest:

• “Cohabitation on the increase”

For help with formalising your living arrangements, contact:

Mediation

What is mediation?

 Mediators are trained to resolve disputes and help you and your partner work things out together.

Mediators will help you identify the issues you can’t agree on and help you to try and reach agreement.

Mediators are impartial and will not take sides.  They will usually recommend that you obtain legal advice alongside the mediation process.

 How does mediation work?

Mediation is a voluntary process.

Mediators listen to you to help you make choices and decisions about the best way forward.

You will probably have a number of sessions with the mediator (usually 3-5 one to two hour sessions).

You may contact the mediator directly or your solicitor may refer you.

The MIAM (Mediation Information and Assessment Meeting)

 Although mediation is a voluntary process, since April 2011 it has been a requirement that anyone wanting to make an application to the Court should attend an initial meeting (called a MIAM) with a mediator to find out about mediation and other non-Court options.

If you decide not to mediate, the mediator will sign a certificate to attach to your application to the Court as evidence that mediation has been considered.

If you decide mediation may assist you in reaching a resolution, further meetings will be scheduled.

Between meetings, you may wish to consult with your solicitor.

If you are able to reach a resolution, the mediator will prepare a summary of that agreement and a summary of financial information which will be sent to each of you to discuss with your solicitors.  The summary can then be converted into a Court order for approval by a District Judge.

If you need any advice on Mediation, please contact: