Family & Matrimonial

We provide expert advice and assistance on all aspects of separation, divorce and family breakdown. We work in partnership with professional mediators, counselors and therapists to provide our clients with the widest range of expert services, whatever their particular needs.

• Divorce and separation
• Domestic Violence
• Living together
• Parenting issues
• Child support
• Financial matters

Divorce - Stage 1

To get a divorce in England and Wales, you need to show that you have been married for more than a year and that the marriage has "irretrievably broken down". To do this you need to establish that you have grounds for divorce based on one of the following:

• Adultery. Your spouse has committed adultery and you find it intolerable to live together.
• Unreasonable Behavior. Your spouse has behaved in such a way that you cannot reasonably be expected to live together.
• Two-Year Separation with Consent. You have been separated for 2 years and your spouse agrees to divorce.
• Five-Year Separation. You have been separated for 5 years.
• Desertion. Your spouse deserted you more than 2 years ago.

Divorce - Stage 2

Once your Divorce Petition has been completed and sent to your local County Court, it will be checked by the Courts and issued to your husband/wife.

In legal proceedings, you are known as the Petitioner and your spouse is known as the Respondent.

Along with the Divorce documentation, the Respondent will also be sent instructions on how to complete the Acknowledgment of Service documentation.

Once they have completed this simple document and returned it to the Court, your divorce will then progress to Stage 3.

Divorce - Stage 3

In effect, an application for a Decree Nisi is simply the process of asking the Court to place your Divorce Petition and supporting documentation before a Judge in order for him to consider whether to grant your divorce. You can choose from the following options:

All our documentation is written and approved by a team of highly regarded divorce solicitors with a wealth of experience in this field. Our simple solutions will help you progress easily to the final stage of your divorce

Divorce - Stage 4

Application for Decree Absolute

After the declaration of your Decree Nisi, you will need to wait a further six weeks and one day, after which you are entitled to apply for a Decree Absolute.

Although this process may seem complicated, remember:

• Option 1 - We will provide you with all the documentation required to complete the application for your Decree Absolute.
  
  
• Option 2 - We can complete your divorce application for you. Simply provide us with all your relevant details and we'll do the rest.

Overseas

If you live outside England and need legal services on matrimonial issues that must be dealt with in this country, we can help you. Our service includes expert help on matters concerning children who may be anywhere in the world.

We are also happy to help you in matters such as obtaining copies of birth certificates, marriage certificates, or divorce decrees.

Domestic Violence

We will respond quickly to your requests for help in cases of domestic violence. The violence may be physical, sexual or psychological. It may be inflicted by anyone with whom you are in a domestic relationship, or have been in the past - for example, your spouse, partner, or child.

We will discuss your needs and consider how to protect you.

We can assist you with an application for an injunction to the court so that your abuser is prohibited from coming near you. Any order that is obtained may also carry a Power of Arrest providing you with immediate and effective protection.

As well as obtaining legal protection for you, we can give legal advice in relation to your children including maintenance, the family home and rights of occupation, and other legal issues.

Children

If your marriage or relationship broken down, we can work with you to achieve the best arrangements for your children, including their financial support.

We will try and help you reach an agreement with the other parent. However, where agreement cannot be reached we will advise you what further steps can be taken.

• If your children are not living with you, we will try to ensure that your children can maintain their relationship with you as a parent.
  
  
• If you are having difficulty seeing your children, we can negotiate for you and, where necessary, apply to the court for a Contact Order.
  
  
• If you were not married to the other parent of a child, we can help you obtain a Parental Responsibility Order giving you an involvement in the child's education, health and welfare.
  
  
• If you fear your children may be taken from you to live elsewhere in England or abroad, we can apply to the court for a Prohibited Steps Order.

Cohabitation

The law treats unmarried partners differently to those who are married but your interests, including your financial assets can be protected.

If you and your partner have children, we can help you to agree arrangements which are in the best interests of the children and help you to maintain a parent's relationship with them.

Cohabitation Agreements

We can draft a cohabitation agreement which records your intentions about your assets and how they would be divided if the relationship breaks down.

Financial Matters

If you and your partner are divorcing, we can help you to agree arrangements which are in your best interest.

If you are divorcing you may be able to make certain financial claims against your spouse. This process is called "Ancillary Relief"

Normally the person who is filling for divorce"the petitioner" will make a claim for financial provision to be made. "The respondent" needs to then inform the court by way of completing a form of his financial assets and see if an agreement can be reached or it is a matter for the court to decide. The order will depend on the circumstances surrounding each individual case.

The orders the court can make

• Avoidance of Disposition Order:
  generally an emergency order. Used to prevent one of the parties from disposing of or dealing with the financial assets to the marriage in such a way as to prejudice the claims of the other person and to prejudice the courts ability to decide how the case should be resolved. Therefore an "Injunction Order".
  
  
• Maintenance Pending Suit:
  order whereby one of the parties (normally the wife) may apply for and receive maintenance whilst the divorce is proceeding. When the divorce has been made absolute then if the financial matters are still not resolved this will take the form of an "interim" periodical payments order i.e. Maintenance
  
  
• Lump Sum:
  Such provisions will take the form of one of the parties being required to pay a specific amount of money to the other.
  
  
• Property Adjustment Order:
  This will allow the property of either or both parties of the marriage to be transferred to the other. This may be in relation to personal belongings or could extend to the ownership of the family home.
  
  
• Variation Order:
  The court may vary or discharge any orders that are not final. The Court may make comparable orders in respect of any children of the marriage; such maintenance will normally be dealt with by the Child Support Agency.
  
  

The Court will make only those orders that are necessary.

Pension

since 1st December 2000 the court has the power to make a pension sharing order. This means that an existing pension can be shared between you in any percentage from 1% to 100%. This depends on the discretion of the Judge. We will advise you if a pension sharing order is appropriate for your case.

Pre-nuptial Agreement

We can help you with a pre nuptial agreement if you are entering into a marriage with assets you wish to protect, in case the marriage breaks up.