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- Client Information
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Family Law: Client Information
■ Divorce / Judicial Separation ■ Children: - Contact - Adoption
A Cohabitation Agreement can be made between unmarried couples (both heterosexual and gay / lesbian) and between people who are simply sharing a property for convenience or financial reasons. Making an agreement can prevent disputes arising because each party knows from the outset where they stand insofar as property and finances are concerned. A formal agreement can help cohabitees to settle matters amicably if a dispute should arise and although not legally binding, it can be submitted in court as evidence if necessary.
Cohabiting couples should be aware that they do not have the same rights as married couples. A father who is not married to the mother of his children has no rights in law over them and in the event of the mother's death, he will not automatically gain custody of them. In order to gain such rights a he must obtain Parental Responsibility
If you are not married to your partner and one of you dies without having made a Will the other will not automatically receive anything. The estate will pass to the next of kin and the surviving partner may have to go through costly and lengthy court proceedings if he or she wishes to attempt to gain a share of the estate. It is therefore absolutely vital that cohabiting couples make Wills
Although Prenuptial Agreements are not legally binding in this country, in certain circumstances the courts will take them into consideration when settling financial matters during divorce proceedings. If you and your future spouse have decided that you would like a Prenuptial Agreement drawn up then you should contact us preferably two to three months before the happy day!
If you have been married for a period longer than one year and your relationship with your spouse has broken down irretrievably then it is open to you to commence divorce proceedings. In order to obtain a divorce you must prove one of five "facts" which led to the breakdown of the marriage - adultery; unreasonable behaviour; desertion; two years separation (and consent of your spouse); five years separation. Your Solicitor will advise you which "fact" it would be most appropriate for the divorce to proceed upon in your particular circumstances. You will also be advised about financial and property matters and arrangements for any children of the marriage.
Should you be opposed to divorce (e.g. for religious reasons) then you may obtain a Judicial Separation. This enables financial and property matters to be dealt with in almost the same way as if you were getting divorced.
Before proceeding with a Divorce or Judicial Separation, or indeed at any time during the process, you may wish to make use of mediation or counselling services. For further information contact Relate
Ancillary Relief refers to the sharing of property, assets, liabilities, etc. following the breakdown of a marriage. The main aspects which will be considered by the court are the financial and housing needs of the spouses and any children of the marriage; the financial resources of the spouses; the contributions made during the marriage; the duration of the marriage; the ages of the parties; and pensions.
Based on this information, the court can make orders for maintenance payments, lump sum payment and transfer or sale of the former matrimonial home (including payment of any mortgage and division of any proceeds). If there are children still living at home it is usual that the property is transferred to the primary carer, but in certain circumstances the other party can retain an interest in the property until, for example, the children have grown up and left home.
Insofar as child maintenance is concerned, unless agreement can be reached between the parties, an application for an assessment will need to be made to the Child Support Agency
Following a divorce, it is extremely important that both parties make / update their Wills
Domestic violence is a crime and will be treated by the police as a very serious matter. At the time of an incident of violence or threat of physical attack, telephone 999.
The assistance the police provide is likely to be temporary as they cannot prevent the abuser from returning home once released from their custody. You may therefore wish to consult a Solicitor in order to apply to the courts for a Non-Molestation Order to protect you from further acts of violence and abuse. It is also possible to obtain an Occupation Order which can exclude the abuser from the home and / or the nearby area, or dictate which parts of the home the abuser may and may not occupy. The courts can attach a "Power of Arrest" to these orders which enables the police to arrest an abuser who fails to comply.
The freephone 24 hour National Domestic Violence Helpline (0808 2000 247) offers support to victims of domestic violence, and to those seeking help on a victim's behalf.
Children Parental Responsibility A father who is married to the mother of his child automatically has "Parental Responsibility" and shares the same rights in relation to the child as the mother does. If the child's birth was registered after 1st December 2003 and the father was named on the Birth Certificate, he will also have Parental Responsibility. Parental Responsibility can be obtained by re-registering the birth provided the father was not named on the original Birth Certificate. Fathers for whom this is not an option can obtain Parental Responsibility by (a) entering into a Parental Responsibility Agreement with the mother, (b) applying to the courts for Parental Responsibility, (c) gaining a Residence Order in his favour, or (d) marrying the mother. Without Parental Responsibility a father is not automatically entitled to (a) see his child's medical records and school reports; (b) consent to medical treatment, adoption or marriage; (c) sign a passport application for the child; (d) express a preference as to the child's name, religious upbringing, where he / she lives, or which school he / she attends; or (e) look after any property the child is entitled to on his / her behalf. 
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Residence
Following the breakdown of a relationship /
marriage, if
agreement cannot be reached between the parties, the courts can decide
who the children of the family should live with - this is known as a
"Residence Order". The court will take into consideration the
wishes of the child(ren), what each parent has to offer them and what
their domestic routine has been to date. "Joint" or "shared"
residence may be ordered. An example of this would be where a
child spends weekdays with one parent and weekends and school holidays
with the other.
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Contact
When a Residence Order has been made in
favour of one parent only, it is in the child's best interests (in most
cases) to stay in regular contact with the other parent.
Grandparents may wish to make regular contact arrangements too.
Contact can take many different forms - letters, telephone calls,
photographs, e-mails, etc; weekly / fortnightly visits; overnight
"staying contact" and going away on holiday. It is always
preferable that the parties can agree such matters between themselves,
with the help of a mediator if necessary. However, if agreement
cannot be reached then the courts can make a "Contact Order" stating
where, when and how often visits must take place, and their duration.
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Care Proceedings
Care Proceedings can be commenced by a local
authority if they have received information which gives them serious
cause for
concern about a child's welfare, usually because abuse or neglect has or
is likely to take place. These tend to be complex cases requiring
very individual advice which we are able to offer once we have full
details of the facts surrounding the case.
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Adoption
There are different circumstances which can
lead to adoption. Examples of "private adoption" include step
parents wishing to adopt step-children, and grandparents or aunts /
uncles wishing to adopt a child whose parents have died or are unable to
care for them. In such cases your Solicitor will make an application to the
courts where it will be considered whether the proposed adoption is in
the best interests of the child based on the information and reports
presented to the Judge.
Where an adoption is arranged through a
reputable agency they will normally be able guide you through the
process. If however you require
independent advice then we will be happy to assist.
Further information can be obtained from
the British Association for Adoption &
Fostering
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