Family and Relationships

Our Family Law team have enormous experience in this challenging and often highly-charged area of the law. We know that empathy and understanding are just as important as complete professionalism.

We can't promise to put everything right, but we can help you to come through it all in the best possible shape, emotionally and financially.

• Separation Agreements If you and your husband or wife, have decided to separate but wish to delay a divorce e.g. whilst waiting for a 2 year separation period, we can draw up a Separation Agreement for you. The Agreement can deal with financial matters, the future divorce and agreed arrangements relating to the children. A Separation Agreement will provide a documented record of the agreement reached but is only appropriate where the terms for the separation have been agreed amicably. A Separation Agreement should normally be prepared only after there has been disclosure of finances and may incorporate details of the financial circumstances of each party to the marriage.
• Divorce and Civil Partnership dissolution We will advise you on the appropriate grounds for a divorce or dissolution of a Civil Partnership, draft the paperwork for the issue of a divorce petition, notify your spouse of the proposed proceedings and deal with all the procedural steps needed to obtain a divorce including advising you on the timing of any application for a Decree Absolute. If there are financial issues that need to be dealt with or problems regarding arrangements for children, we can help.
• Collaborative Law We place great emphasis on resolving conflicts amicably, where possible. We are one of only a few firms nationally to practice Collaborative Law. This is a process in which Lawyers on both sides work together to reduce the time, costs and heartache of getting divorced.
• Dealing with Finances on Divorce or Separation Dealing with finances on a divorce or separation is often the most complicated and difficult aspect of the breakdown of a relationship. We aim to resolve matters on an amicable basis with voluntary disclosure of income, outgoings, assets and liabilities. We will advise you on negotiating a fair settlement and guide you around the many problems that can arise in this area. Where it is not possible to resolve matters amicably through negotiation we will use the court procedure, if necessary, going through to a Final Hearing at which the court will impose a decision regarding a financial settlement. At all stages even through the court procedure we will attempt to settle matters at as earlier a stage as possible. Our Family Team have wide experience in dealing with all aspects of finances on a divorce including situations where one or both parties have substantial business interests, where there are pensions, trusts or inheritance issues.
• Cohabitation breakdown There is no such thing as a common law husband or wife and when cohabitees split up there can often be difficult problems over jointly owned assets, especially if no documents exist setting out the intentions of couples who have purchased land or other assets together. We have extensive experience of dealing with these difficult issues whether the relationship is a heterosexual one or a same sex relationship. We can assist in negotiating an amicable settlement or, if necessary, deal with applications to the court under the Trusts of Land Act or under relevant provisions of the Children Act.
• Children Any separation is a stressful time for children. We can put you in touch with conciliation agencies to assist you over difficulties with contact arrangements with children. We can deal with applications to the court for residence (i.e. who the child should live with), for contact orders for both parents and grandparents, for Specific Issues Orders relating e.g. to arrangements for schooling and for Prohibited Steps Orders. We deal with applications to the court for leave to remove children from the country as well as financial matters including advice on Child Support Agency Applications and Applications for Financial Provision under the Children Act.
• Injunctions In cases of domestic violence or harassment we can make emergency applications on your behalf for injunctions prohibiting further violence or harassment. We can apply for Occupation Orders requiring a spouse or cohabitee to vacate the family home where appropriate. We are experienced in dealing with these matters swiftly and getting cases to court quickly.
• Living togethor Agreements Although we all like to think that nothing will go wrong when a relationship starts there are enormous potential traps in investing money in property together or otherwise sharing your finances. The procedure for unravelling the finances of couples who have been living together but have not married or entered into a Civil Partnership, is cumbersome and often produces very unfair results. To avoid this we can draw up Cohabitation Agreements which will give you peace of mind and assist greatly in resolving any problems if your relationship does breakdown.
• Prenuptial Agreements Although Prenuptial Agreements are still not binding under English Law there is a growing body of cases which have upheld reasonable Prenuptial Agreements. It is very sensible to consider a Prenuptial Agreement if one party to a marriage is bringing in significantly greater capital assets or income than the other. On a second marriage it is often very sensible to enter into a Prenuptial Agreement. We can advise you as to the benefits and limitations of a Prenuptial Agreement, draw up the documentation or advise on a Prenuptial Agreement prepared by your future spouse’s legal advisers.
• Pre Civil Partnership Agreements Same sex couples entering into a Civil Partnership have exactly the same potential problems as heterosexual couples entering into a marriage. In particular where one of the parties has substantial assets or income and the other does not it is very sensible to consider an agreement which will set out the contributions made by each party to the proposed Civil Partnership and the intentions for division of assets if the Civil Partnership should breakdown. We can advise on the appropriateness of an agreement in particular cases, can draft a suitable agreement and can advise on the benefits and limitations of such agreement.
• Change of Name Deeds Whether on a divorce or for any other reason you wish to change your name, we can prepare a simple Change of Name Deed for you and advise you as to the implications of such Deed. If necessary we can deal with registration of the Change of Name Deed and in appropriate cases can deal with Change of Name Deeds for children.
• Inheritance Act disputes If a person upon whom you are financially dependant dies and no provision, or insufficient provision, is made under his or her Will to cover that dependency it may be possible to make application under the Inheritance Act for provision from the deceased person’s estate. We can advise you on the appropriate circumstances for a claim, can negotiate an amicable settlement or, if necessary, issue proceedings for an Inheritance Act claim.

Contact: Alan Foster 01825 744437, Anne Bareham 01825 744454