Divorce

We recognise separation and divorce and the consequential issues relating to children and finances give rise to considerable stress and it is important for you to feel confidence in the legal advice you are receiving whether matters are resolved by negotiation or through the court process. Initially we assess your circumstances and then provide legal advice as to your options, likely timing and the costs involved.

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Children

Problems over children often require particularly sensitive handling. We can advise on residence, contact, parental responsibility and other associated issues and endeavour to achieve a negotiated settlement either through correspondence or mediation. If proceedings become necessary, these can be dealt with either in the context of divorce or as a free- standing application.

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Separation

In many cases of separation the parties are not ready for divorce and would prefer to live apart for a period of two years before considering a divorce on that basis, or perhaps for longer. In the interim period it may be sensible to regulate matters relating to finances and the children in what is known as a separation agreement that we can prepare for you.

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Domestic Violence

In the unhappy event of violence, either during the marriage or on divorce, we can act immediately on your behalf and make an urgent application for an injunction to prevent violence or to regulate who lives in the matrimonial home. These injunctions are available whether you are married or unmarried.

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Living Together

Unmarried couples

Although changes to the law may be coming it is important to note that the law is different for a man and wife living together as an unmarried couple from that which applies if they are married. We will advise you on how best to organise your affairs including cohabitation agreements and the possible trust arrangements in respect of jointly owned property.

Same sex couples

For same sex couples the law has recently changed introducing the concept of civil marriage and, in the unhappy event of the relationship breaking down, similar remedies are then available as those that exist in a divorce situation.

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Financial Provision

There is considerable media coverage on the changes of emphasis in this area. We will advise on the criteria to be taken into account in deciding the financial issues and look at your individual circumstances to judge the sort of financial settlement you need for your own sake, the sake of your children or taking into account your financial position on retirement.

Financial proceedings can be expensive but are sometimes necessary when it is not possible to resolve the financial issues by negotiation. You will be kept advised of the cost of the proceedings and we will discuss funding with you.

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Collaborative Family Law

Collaborative Practice is a new way to resolve disputes respectfully, without going to court. The idea is that the couples involved can set the agenda and control the decision making thus creating ‘fair’ solutions that match the family’s priorities. How it works is as follows. You and your partner each instruct a specialist collaborative family lawyer, you both agree with your lawyers to work together as a team to resolve issues without going to court. There is an honest disclosure of all information and there are ‘face to face’ four way meetings (2 of you and 2 lawyers) to reach a settlement.

Visit www.collaborativefamilylawyers.co.uk for further information.

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