Division of Assets

Questions such as “What will happen to the marital home?”, “How will our marital assets be divided?” and “Should one party of the marriage receive maintenance from the other?” can be the most difficult and bitterly fought over issues when a marriage breaks down. We can assist by investigating all avenues with you and help to ensure that a fair and equitable solution is finally achieved.

Also, if you are looking to enter into marriage and wish to try to protect your pre-acquired assets before the wedding takes place, we can assist you in drawing up a Pre-Nuptial Agreement, if your future spouse is agreeable to this.

Pension Sharing Claims/Disputes

Often overlooked, the question of whether one party could either benefit or may have to share any element of their pension provision with their spouse or civil partner upon divorce or dissolution can also be hotly contested.

We can advise you as to whether any such claims are likely to succeed, and, if so, provide advice upon the likely extent of the same.

In addition to this, we can also recommend pension experts who can provide detailed reports into the parties’ respective pension assets, as this can quite often prove to be quite a complex and complicated area of potential dispute.

Children

All too often children appear to be the unwitting casualties of parental differences. Making divorce, dissolution or separation easier for children is vital to protect their mental health and make the transition to co-parenting life easier.

We can:
• Help you make a co-parenting plan with your ex-partner to sort out where your children should live and how much time your children will spend with each parent.

• Help you resolve questions about your children’s upbringing, such as where they should go to school.

• Advise on financial provision for children, such as providing for lump sums and sorting out who should pay for school fees.

• Advise on children being taken abroad for long holidays or to live.

• Apply to family court for decisions about children, including:
  • Child Arrangements Orders
  • Prohibited Steps Orders
  • Specific Issue Orders

• Advise on change of name deeds.

We can also advise grandparents about their options for spending time with their grandchildren.

We always ensure that any such advice we give is entirely child-centred and is based upon what is ultimately likely to be held to be in the best interests of the children concerned.

Co-habitation

Increasingly couples are deciding to live together without the legal tie of marriage or civil partnership.  Although many people refer to themselves as ‘common law’ partners, there is no such thing as a ‘common law marriage’ in England and Wales. If you live with your unmarried partner, you don’t have as many legal rights as spouses or civil partners.

We help people resolve cohabitation disputes upon relationship breakdown, including:

• Dividing your property and belongings. 

• Property ownership matters. 

• Arrangements for children. 

We can also help you to draw up a “Cohabitation Agreement” at the outset of your relationship, which will help define how any property held by you both would be split in the event of any future relationship breakdown, with the aim of avoiding further potentially costly Court litigation.

Domestic Abuse/Injunctions

Domestic abuse takes all forms, from coercive control, to physical violence. If you have been made to feel scared, hopeless or been abused by someone close to you, we can help you take legal action to protect yourself and your children.

We can advise on your rights and, if necessary, help you seek protection from the court including:

• Injunctions/non-molestation orders – to prevent someone from coming near you or doing certain things, such as contacting you. 

• Occupation orders – to exclude someone from your home, whether you rent or own, even if you live there together.

We can represent you at court and offer appointments on an urgent basis.

People experiencing domestic abuse are often able to get Legal Aid to help pay for their legal advice.

Change of Name Deeds

We can advise and assist you with a Change of Name Deed for both adults and children.

We offer a competitive fixed fee to prepare and implement a Change of Name deed for adults.

Specialist advice is needed before a child’s name is changed as this may be a more complicated process depending on your circumstances. It will require the written consent of all people who have parental responsibility for the child and, if consent cannot be obtained, you will need to consider applying for a court order.  We can assist with this.

Alternative Dispute Resolution

Where appropriate we will encourage you to resolve your disputes through Alternative Dispute Resolution (ADR). ADR is an umbrella term which refers to various methods of resolving conflicts peacefully and constructively, outside of court.

This could be in the form of Mediation; a structured negotiation session involving you, your partner and a trained mediator whose role it is to referee the discussion.  We can offer help and support throughout the mediation process.

ADR is only effective when both parties are willing to cooperate but if successful, you will save yourself a great deal of time, money and stress that can be involved with court proceedings.

ADR is not always a possibility, so if your dispute has already escalated beyond negotiation, we have the experience and expertise necessary to protect your interests.