Family Law Solicitors
As family law solicitors, we recognise a relationship breakdown can be a very stressful and emotional time for an individual. As life-changing events unfold, important decisions need to be made about financial matters and the care of children. We can therefore assist you in resolving your family issues in a sensitive but effective manner.
Individual judgement can sometimes be clouded by emotion. One of our impartial family law advisors can help you understand the situation from a fresh perspective and bring clarity and, ultimately, peace of mind.
We aim to minimise animosity by adopting a non-confrontational approach to resolving disputes and adhere to the Resolution Code of Practice. We offer practical and sensitive advice and are committed to achieving the best possible outcome.
Our specialist family law solicitors are trained to assist you in any of the following areas:-
Family Law Solicitors Helping with Divorce and Separation
The breakdown of a marriage can be a difficult and painful experience. If you have decided that your marriage has ended, our family law solicitors can guide you through the process of obtaining a divorce.
In order to obtain a divorce, you need to demonstrate to the court that the marriage has broken down irretrievably. To do this you need to rely on one of the following supporting ‘facts’:
- That your spouse has committed adultery
- That your spouse has acted in such a way that it is unreasonable for you to be expected to continue living with them
- That your spouse has deserted you for two years
- That you and your spouse have lived apart for two years and your spouse consents to the divorce
- That you and your spouse have lived apart for five years, whether or not your spouse consents to the divorce.
Our family law solicitors can also advise you in relation to the issues surrounding all financial matters and children matters, which need to be resolved on a breakdown of the marriage.
When cohabitees separate they potentially face the same painful experiences that a married couple face. The same difficult issues can also be faced by those not in a relationship but with a shared or joint interest in a property. We can advise you in resolving these issues.
These issues may concern any children, financial provisions for the children and the redistribution of finances and any assets between the individuals themselves.
There are no laws for cohabitees to receive shares of pensions, lump sum payments or maintenance from their former partners except where the lump sums or maintenance are for the benefit of a child.
If you are involved in a dispute with a former partner to whom you were not married then one of our family team members could help you in resolving these issues.
Children Issues-Contact/Access, Residence/Custody, Parental Responsibility
Our experienced family law solicitors can help you in resolving disputes as to the arrangements for your children following family breakdown.
The general principle behind the court’s approach is to investigate what is in the child’s best interests and how this can be met.
There are a number of orders that can be made:
- Child Arrangements Order (these orders replace the old Residence and Contact Orders from 22 April 2014). They decide who the child is to live with and/or with whom the child will spend time with and when;
- Prohibited Steps Order (an order preventing something such as removing the child from the country);
- Specific Issue Order (such as what school the child should attend).
Our family law team can also advise on the law regarding the area of ‘parental responsibility’. Parental responsibility is defined as the rights, duties and responsibilities associated with parenthood. Mothers automatically have parental responsibility as do fathers who were married to the mother at the time of the child’s birth and fathers who are named on the child’s birth certificate (if the child was born after 1 December 2003). A father can otherwise obtain parental responsibility either by formal agreement with the mother or by order of the court.
Financial Issues-dealing with the Family Home, Pensions, Spousal Maintenance, etc.
Our family team specialise in helping people to resolve disputes arising due to the division of matrimonial finances upon divorce.
The court can make orders in relation to spousal maintenance, lump sum payments, orders regarding property and regarding pensions. The area in which the court is unlikely to make orders is child maintenance as this is usually dealt with by the Child Maintenance Service (formerly CSA). There are some circumstances in which child maintenance orders can be made.
The court will take into account a number of different factors in deciding how to divide the matrimonial assets and these are set down in law. Examples of the factors to be taken into account are:–
- The financial and other needs of any children of the family
- The length of the marriage
- The current and future earning capacity and income needs of each party
- The contributions, financial and other, towards the marriage
A pre-nuptial agreement is a contract that is entered into by couples prior to the marriage which determines the division of property and assets including spousal in the event of a divorce.
Since there is no legislation in England and Wales relating to these agreements that makes them legally binding, nonetheless the Courts are increasingly enforcing pre-nuptial agreements proviso they meet the requirements, which our family solicitors can advise you upon. In addition we can assist in preparing the agreement on your behalf.
If you or your children are subjected to violence or harassment from a family member or cohabitee then we recommend you seek urgent advice.
Our family law solicitors team can advise you as to whether you may obtain family law Orders from the Court to protect you from further violence and whether you are entitled to public funding for this. The family law act injunctions that are available are as follows:
- Non-Molestation Order – this may be appropriate if you and/or your children are subject to violence or threatened violence. It may also be appropriate to seek this in cases of pestering, such as if you are receiving abusive text messages or repeated telephone calls in the middle of the night and where the Protection from Harassment Act is not sufficient. When this Order is made it carries an automatic power of arrest.
- Occupation Order – this excludes the other party from your home and/or the immediate surrounding area or other designated place when the violence and/or threats are very serious and where on balance it is better that the order be made.
Testimonials For Our Family Law Solicitors
“I instructed Lawrence Lupin Family Law Solicitors to transfer the tenancy into my sole name due to my relationship breakdown and domestic violence. The service and legal expertise I received was exceptional”. – A
“I was distraught when my ex-partner stopped contact with my son, and I sought advice from Lawrence Lupin Family Law Solicitors who provided me with clear and efficient advice. Thank you”. – J
If you require legal advice on any of the above family issues then please call one of our family law solicitors today on 0208 733 7200. We can offer you an initial 1 hour consultation for £100.00 plus VAT.