Resolving family disputes
For many people, going through a divorce, separation or the dissolution of a civil partnership will be one of the most turbulent and stressful times in their life.
Here at Allens Solicitors, our Family team offer advice and assistance on all areas of family law providing guidance and reassurance at a time when emotions are heightened and raw.
We specialise in assisting our clients in reaching a resolution to their family problems through agreement and negotiation whilst always putting their best interests first. Whilst we will always encourage settlement by agreement, we recognise that this is not always possible. In these situations, we are experienced at representing our clients at court and can be robust if required to secure the best possible outcome for our clients.
Divorce and separation
Whether you are just considering separating or have already separated, it is imperative that you seek legal advice at the earliest opportunity. Only by doing this can you ensure that your position is as protected as possible and make a decision as to the future in an informed manner.
For most people, their children are their main priority and the biggest concern of any relationship breakdown. It is our view, as well as that of the courts in England and Wales, that the welfare and needs of the children come first. By talking to one of our legal advisers, we would hope to alleviate your concerns and fears and help you to come to terms with sharing your children with your ex-partner or spouse.
The issuing of divorce or dissolution proceedings can be daunting but we are able to guide you through the proceedings all the way to Decree Absolute to alleviate any concerns you may have.
Whether you are married, in a civil partnership or cohabiting, resolving the finances and dividing the assets can be complicated and stressful.
Deciding how to divide property, income, companies, pensions and all other assets can be a worrying time.
We are able to talk through your financial situation with you, advising as to what you and your partner might be entitled to upon separation or divorce. We listen to how you would like to proceed with matters and are able to assist in negotiating and drafting a financial agreement as well as making referrals to mediation if that is the route you wish to take. We also encourage “round-table” meetings with the other side in order to reach an agreement as amicably as possible.
Unfortunately, not everyone is able to reach an agreement through negotiations alone and, in these cases, litigation is necessary. We are experienced at taking matters to court and whilst always trying to negotiate, are able to take a robust approach if required to obtain the best outcome for our clients.
The end of a relationship is difficult for all concerned but particularly if there are children involved.
Trying to put children first whilst coping with the emotional turmoil of a relationship breakdown is extremely difficult but here at Allens we recognise that the interests of the children are paramount. Who a child should live with and how often they should see the non-resident parent are all difficult issues that need to be addressed upon separation and we are here to help with that.
We are able to provide advice on all aspects of child law including, but not limited to, contact, residence, parental responsibility and removal from the jurisdiction (taking them out of England and Wales).
With fewer couples deciding to tie the knot, separating after living together can be just as complicated as if couples were married. Despite what is generally believed, there is no “common-law marriage”, and therefore, if you are separating from someone that you lived with, it is important to receive the correct legal advice to ensure that you understand your rights and what you might be entitled to.
Pre and post nuptial agreements
Following recent case-law, pre and post nuptial agreements, whilst still not technically binding, would be upheld and relied upon by a court as long as they are drafted and executed properly and both parties have been given legal advice. It is always advisable to set out your financial affairs and what you expect to retain should the marriage end, prior to taking the plunge. Whilst it might not be that romantic, we are happy to discuss with you what would happen to your assets in the event of a divorce.
There are several things to take into consideration when starting a relationship or taking that next big step, whether that is moving in together, having children or eventually getting married.
For example, moving in with a partner can alter the ownership of a property. Therefore, it is always advisable to seek legal advice to ascertain how living together can affect a property’s ownership to ensure that you are protected should the relationship breakdown and you remain unmarried. Entering into a co-habitation agreement will ensure that taking the next step in a relationship goes as smoothly as possible.