Family Law
Robinsons has a dedicated team of specialist family lawyers in Canterbury. We are committed to providing an exemplary service to all our clients. We recognise that family breakdown is traumatic and requires not only a thorough knowledge of the law, but a practical, sympathetic and understanding approach. As members of Resolutions we work to a specific code of practice which encourages solutions rather than confrontation. Resolution is a group of over 5,000 independent family lawyers committed to easing the pain and financial cost of family breakdown. We offer realistic advice tailored to your individual circumstances and needs and pride ourselves in providing solutions to legal problems, no matter how difficult they may be.
We can advise you on a wide range of issues including:
We also advise on issues relating to children including:
Relationship breakdown often involves many other aspects of law such as company or business transfers, land valuations, shares, pensions and trusts. Our family team can call on the knowledge of other departments within the firm and liaise with other professionals to provide an impartial view if it is in an area outside of the firm’s expertise. We are also fully alert to the benefits of outside mediation and will be happy to discuss your requirements with you.
Pre-Nuptial Agreements
Such agreements are designed to protect the property of either or both of the spouses on the dissolution of their marriage should that event ever occur. Essentially they are to protect what each party brings into the marriage.
At present such arrangements are not valid in English law in their own right although they may have some evidential weight should a Court be asked to consider financial arrangements on the breakdown of a marriage. That evidential weight is likely to be greater if there were a shorter marriage or no intervening events such as the birth of children, ill health or a change in financial circumstances, for example a cash windfall of some kind.
Following the House of Lords' decision in White v White, it may be that greater emphasis will be put on what the parties have brought into a marriage, which may make pre-nuptial agreements more important in England than they have been in the past.
We are experienced in both drafting and advising on Agreements [and continue to monitor the progress of the Law Commission’s draft bill on the issue to ensure that we are providing our clients with the most up to date and relevant advice.]
Co-Habitation/Living together Agreements
Such agreements are not only used to set out what would happen in the event of a break up, but to organise the day to day practicalities of how you live together.
An agreement that sets out what would happen in the event of a break up, is not an admission that you will break up. In fact it can serve to strengthen a relationship by helping both partners feel more secure.
In the event of relationship break down such agreements can help in concluding matters more amicably and fairly than when no such agreement is in place. These Agreements when signed as a deed by both parties, having had the opportunity of obtaining legal advice, are binding in the same way as any legal contract.
Cohabitation
When a cohabitation relationship breaks down the law is very different to that of married couples. Just because you have lived together does not mean you have acquired an interest in the shared home. This can be particularly problematic when children are involved. Generally speaking former cohabitants are reliant on trust law to resolve any property ownership disputes between them. Our experienced Family and Civil lawyers can help you through this difficult area.
Civil Partnerships
A Civil Partnership can be registered in England and Wales in a registry office or approved premises. In order for you to enter into a Civil Partnership you must give notice of your intention to do so. Once you have registered your Civil Partnership you have similar legal rights to married couples upon separation.
In a Civil Partnership you both have a legal responsibility to support one another financially if the relationship ends. This is the case whether or not children are involved. Financial support is dealt with in a similar way to divorcing couples.
If you wish to end your Civil Partnership you will need to obtain permission from the Court. There are a number of different ways to do this specifically a dissolution order, a separation order or an annulment.
We can assist in all areas of the dissolution of partnerships to minimise the impact on you both during this difficult time.
Separation
Some married couples choose to formally separate rather than divorce. This can be for a number of reasons including religious and moral beliefs. Any agreement regarding property and the assets of the marriage can be recorded formally in a Deed of Separation. These agreements are a contract between the parties.
An alternative to a Divorce is Judicial Separation. The Court will grant a Judicial Separation Petition where divorce is not considered on religious or moral grounds. This gives parties the same outcome as a divorce although you cannot remarry.
Divorce
A relationship breakdown can be distressing for all parties concerned. Every Divorce Petition is based upon the irretrievable breakdown of a marriage. This has to be supported by one of five reasons; Adultery, unreasonable behaviour, desertion, two years separation with your spouse’s consent, or five years separation. A straight forward simple divorce without any financial elements can take as little as a few months. We provide advice and assistance to our client’s to make this difficult time as pain free as possible.
Financial Settlement
It is a common misconception that upon divorce financial issues are automatically resolved. This is not the case and we will provide expert guidance through what can be a difficult and complex procedure.
Financial settlements can be agreed between parties and without lengthy court proceedings we are able to incorporate this agreement into a Consent Order. The Consent Order is then approved by the Court and is binding on both parties.
Often parties are unaware of the true extent of the assets of the marriage and if this is the case full financial disclosure will be required. We can assist you in agreeing a financial settlement and if necessary negotiating with the other party or refer you to Mediation.
On the occasions when mediation and negotiations do not produce an agreement Court Proceedings are our last resort. Having considered all the financial disclosure the Court will then decide how the assets of the marriage will be shared.
When an agreement is reached , it is essential that you have either a Consent or Order of the Court to ensure that your share of the matrimonial assets are protected. If you do not have an Order any of the following situations may arise:
- Your former spouse may be in a position to make a claim against your assets at any time in the future
- If your former spouse in declared bankrupt then the Trustees in Bankruptcy may seek to seize your assets
- Your former spouse may be entitled to make a claim against your estate should you die first.
Sale or Transfer of Property
Your matrimonial proceedings may result in your family home needing to be sold or transferred to yourself or your former spouse/partner. If the decision is that your property is to be sold and you both consent our property department can deal with this for you. If the property needs to be transferred this can be done either by keeping an existing mortgage or obtaining a new one. Our property department has many years of dealing in such matters and always works closely with the family department to ensure that the transaction is dealt with as quickly and professionally as possible. If you have any queries contact either the family or property department.
Domestic Violence
Domestic violence can include physical, sexual and verbal abuse and threats. It can also include more subtle behavior such as psychological games and harassment and can involve any family member partner or former partner.
Non-molestation orders are civil court orders which aim to protect people experiencing domestic violence. They can forbid the abuser from molesting the person applying (asking) for the order and sometimes the applicant's children as well (only if they are under 18 years old). Such orders can be granted against a person legally 'associated' to you.
If you suffer any of the above you can apply to the Court for an Occupation Order regulating the occupation of the family home. We can assist in all types of Orders depending on your individual circumstances. If you are experiencing domestic violence we can provide you with the details of local Domestic Violence Groups and refuges.
Change of Name Deed
There are a number of reasons people wish to change their name, not least on divorce or separation or to disassociate themselves from a difficult past.
Whatever the reason, it is important that such a change has legal effect. If you want to get all your documents and records changed to show a new name e.g. your medical records, UK passport, driving licence etc, you will be asked to produce documentary evidence of your change of name. A Change of name deed is a formal statement to prove that you have changed your name and it provides you with the necessary documentary evidence of the name by which you wish to be known.
We can assist in drafting change of name deeds for both children and adults and a change of name, depending on the circumstances, can be affected quite quickly and simply for a single fixed fee.
Please contact us to discuss this further or to arrange an appointment
Wills
Many people believe that making a Will can wait until the divorce and finances are all settled. It is understandable that you will be preoccupied during this time, but a Will is very important at any time, even more so during the time between separation and divorce. Any Will that you make or update during this time will remain valid even after you are divorced. It will not be necessary to change your Will in the future unless you wish to do so or there is a change in your circumstances. It is important that you have a Will in place during this uncertain time to ensure that should anything untoward happen your wishes are carried out and your assets do not automatically pass to your spouse. Please speak to one of our team sooner rather than later.
Children Issues
There may be a raft of issues to be sorted on family breakdown and these can range from working out where a child is to live, to settling contact arrangements and/or specific issues relating to a child’s upbringing. Consideration is likely to be given to financial provision for a child’s upbringing and there may even be a need to provide protection for the child and/or for the person caring for him/her. Each case is different but, we are able to advise on all child related matters whether it involves parents who are married or unmarried – or to assist other interested parties such as grandparents. We will be pleased to provide structured, sensitive and confidential advice in relation to all issues involving children. We are always concerned to put the child’s interest at the heart of the matter. It may be that we will recommend mediation to try and resolve issues or to narrow those issues, taking the heat out of conflict wherever possible.
Parental Responsibility
Parental responsibility is the body of rights which attaches to parents to make decisions in relation to the upbringing of a child. Where parents have been married to each other at the time of the child’s birth (or have married subsequently) both will have parental responsibility for a child. Where the parents are unmarried parental responsibility will automatically devolve upon the mother and a father will acquire it if he is present at registration and named on the birth certificate. This is the position as of 1st December 2003. Other than this a father can acquire parental responsibility by way of prescribed agreement or by a Court Order.
Contact Order
This is an Order settling visiting rights. It will require the person with whom the child lives to allow the child’s contact usually with an absent parent, but sometimes with other interested parties.
Residence Order
This is an Order settling where a child is to live – it can also confer parental responsibility.
Specific Issue Order
This is an Order determining a particular issue which has arisen or can arise in relation to the exercise of parental responsibility for a child. Such applications will typically but not exclusively relate to health education and religion.
Prohibitive Steps Order
This is an Order restricting parental responsibility usually in relation to one particular issue.
Financial Issues
The Courts have jurisdiction to make varying orders depending on the circumstances of the case to include maintenance, lump sum, settlement of property and transfer of property.
Child Abduction
This is a complex issue. We recognise that it may often involve an international element and urgent steps may need to be taken.
Adoption
These are other specialised areas upon which we can assist and provide detailed advice and representation.
Local Authority - Public Law Care Proceedings
This is a complex and specialised area in which we are able to provide detailed advice and representation. Under the new public law outline, where a local authority is considering issuing care proceedings it will invite the parents with parental responsibility to a legal planning meeting. If you receive such a letter you will be entitled to free legal advice funded by the Legal Services Commission. You should seek immediate legal advice. We have a number of years experience in advising and representing clients through public law proceedings. |
