family law
If you are facing divorce, separation, domestic abuse, or other family difficulties our experts will help guide you through this often distressing and confusing time. We will handle your case with sensitivity and care, and provide one-to-one support when you need it most. Our family law solicitors will take time to listen to you, explain your options and work hard to provide the best outcome for you.
We will offer you expert and affordable solutions on all family law matters including divorce; financial settlements on divorce; pre-nuptial agreements and post-nuptial agreements; cohabitation; child issues; child abduction; civil partnerships; collaborative law; injunctions; and Child Support Agency and child maintenance.
alternatives to court
In the majority of the cases we handle, agreements are reached without the need for costly and stressful court battles. There are a number of alternatives to litigation and we urge all of the people we meet to consider these carefully before issuing court proceedings.
Mediation
Mediators can help you to address all issues arising on separation, or you can choose to use mediation to resolve specific issues such as arrangements for any children or the financial consequences of divorce or separation.
A mediator will meet with you and your partner together or separately and will identify those issues you cannot agree and try to help you to reach an agreement. Mediators are neutral and will not take sides. They are not legal advisors and will usually recommend that you obtain legal advice alongside the mediation process.
Once you have reached some broad terms of agreement that you both find acceptable, the mediator will prepare a summary of them together with a summary of any financial information provided, which will be sent to each of you to discuss with your lawyer. In the case of financial matters, after you have both received legal advice and are happy with the proposed agreement, a family solicitor can convert the summary into a legally binding document and carry out any necessary implementation.
Mediation is not suitable for all people. For example, you may feel that you are unable to negotiate or discuss matters without feeling intimidated or bullied by your partner. At an initial meeting with us, we would be able to assess your circumstances and discuss whether we feel mediation is a suitable option for you.
Collaborative Law
The overriding idea of collaborative law is that you and your spouse are in charge of the legal process rather than your solicitors. The process ensures that you can put your main concerns to the forefront and aims to give them sufficient priority. For example, remaining in the family home, ensuring that the children do not need to change schools or keeping a business intact.
Much of the collaborative law process takes place within 'four-way meetings'. They are meetings attended by you and your spouse together with your respective solicitors. The idea is that discussions should take place openly and frankly during those meetings.
If the negotiations break down and you wish to go to court, then the solicitors who have acted for you as part of the collaborative process cannot remain involved in the process.
The collaborative process is not for everyone. For example, you may not feel comfortable dealing with your former partner direct, and may feel vulnerable in such meetings. However, if you do think it could be suitable, it is a process which should be seriously considered.
children
When you divorce or separate, you remain parents. It is important that you make a positive difference for your children, helping them to adjust to their new family environment. We are experienced in dealing with a wide range of issues relating to children and recognise the need to deal with them sensitively.
Making Arrangements for Children
The court is of the view that it is in a child’s best interests if their parents can agree these arrangements between themselves, as opposed to the court becoming involved. The Children Act 1989 contains a principle that the court will not make an order in relation to a child unless it is in their best interests to do so.
It is difficult for some parents to discuss arrangements for their children directly, due to the emotional issues that arise upon the breakdown of their relationship. In light of this some parents find it useful to use mediation agencies to assist them in overcoming their own issues and focus upon reaching agreement about their children. It is only in the event that you cannot agree arrangements for your children at mediation, or if there are serious welfare concerns that make mediation inappropriate, that the court will become involved.
civil partnerships
If you have entered into a civil partnership and need advice regarding the breakdown of your relationship, we are able to provide you with expert advice regarding your legal rights. Since 21st December 2005, same sex couples in England and Wales have been able to become civil partners. If your relationship ends we can assist you with bringing your civil partnership to an end; procedure for ending your civil partnership; financial claims upon dissolution of a civil partnership; factors which govern the division of assets; protection from domestic violence; and children.
divorce
If you have been married for at least one year and believe that your marriage has come to an end, you can issue divorce proceedings. For most people the divorce procedure is very straightforward. Usually no attendance is required at court by you, your spouse or by your divorce solicitor. The entire divorce process takes approximately four to six months from start to finish, although in many divorces the process can take nearer to 12 months this being the time that it often takes to resolve the financial aspects of your divorce.
Nearly all of the steps in the divorce are dealt with by the person who starts the divorce process (the Petitioner). The other person (the Respondent) takes very few steps. The divorce procedure is as follows:
Divorce Petition
Your divorce petition, based upon one of the grounds detailed above, is sent to court to start the court process. The original marriage certificate also needs to be sent to court. Where there are children, a document called the Statement of Arrangements for Children must also be completed by you and sent to court.
Acknowledgement of Service
Your spouse, the Respondent, will be sent your divorce petition and other documents by the court. Your spouse then needs to complete a short form called the Acknowledgement of Service in which they confirm that they have received your divorce petition.
Decree Nisi
Once your spouse has completed the Acknowledgement of Service and returned it to court, you can apply for decree nisi of divorce. To do this you will need to swear a short statement confirming the contents of your divorce petition under oath. This statement accompanies the application to the court for decree nisi. Decree nisi is pronounced in open court, although it is not necessary for you or your solicitor to attend this hearing.
Decree Absolute
The decree absolute is the final decree of divorce which ends your marriage. It can be applied for by you, the Petitioner, a minimum of six weeks and one day after the pronouncement of decree nisi. If you have not agreed the financial aspects of your divorce at this stage, the application for decree absolute may be delayed until that financial settlement has been reached.
Our Clients value our high quality, value for money service that distinguishes us as one of the leading divorce teams in South Wales. We are specialists in resolving financial disputes and have an unrivalled reputation for combining excellent negotiation and mediation skills with tough litigation expertise to achieve the best financial outcome for you.
injunctions
When you separate from your spouse, circumstances may mean that you must take urgent steps to try and protect yourself. There are a number of practical steps which you can take and measures which you can put in place. We have substantial experience in dealing with urgent situations on the breakdown of a relationship and can provide you with many practical tips and advice. We can also help you to seek legal protection from the family courts. Such protection takes two main forms; protection from domestic abuse and violence and financial protection, to ensure that your husband or wife cannot transfer money or assets to a third party, or that any transfer which has recently taken place is set aside.
To arrange a discussion with a member of the team click here or call us on 029 2055 7200.