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Divorce & Family Matters

Who Will Take Care Of Your Needs When Your Family Breaks Down Or Faces Legal Challenges?

When you are faced with a legal challenge involving your family, whether a divorce or a custody battle for your children, how do you know which solicitor is going to take care of your interests above everyone else? How can you find the right solicitors with the experience that you need? Will you be dealt with by one person that you can build a relationship of trust with, or handed from team member to team member?

Family law specialists

We specialise in various aspects of family law and we offer an understanding service to clients at what is often a difficult time. Tim Giles heads this expanding department and when you ask for our help you will receive it from Tim.

Tim provides a professional and sympathetic service in respect of all legal matters connected with your family. This is a complicated area of legal practice and the cause of much distress. That is why we give every matter the utmost sympathy and consideration.

By dealing with family matters in a conciliatory way, we always aim to resolve matters in the most constructive and cost effective manner. You can have full confidence that your legal issue will be handled to the highest professional standards as well as receiving a friendly, understanding and sympathetic approach.

Initial Interview at Nominal Fee

We know that we are best placed to handle your family law matters, but we want you to experience our service so that you can be confident that you have made the right choice too. That is why we offer an initial half hour interview at a nominal fee which offers us the opportunity to find out which services are appropriate for you and for you to see if you think we can help you.

We can explain the legal process and the decisions to be made; talk about mediation and offer other information. We will also let you know about the charges for those services. We are pleased to provide the following detailed explanation of our specialist Matrimonial & Family services. If you are affected by the circumstances described here, please contact us on 0121 236 7388 or complete our online enquiry form as soon as possible.

Divorce & Separation

We act for husbands and wives in divorce, judicial separation and nullity proceedings. If a divorce proceeds undefended without difficulty, it usually lasts about five months.

For there to be a divorce it must be the case that the marriage has irretrievably broken down and in addition you need to prove one of the following five facts:-

• Your spouse has committed adultery and you find it intolerable to live with them.
• Your spouse has behaved in such a way that is not reasonable to expect you to live with them.
• Your spouse has deserted you and you have separated for at least two years.
• You have been living apart for two years and your spouse agrees to a divorce.
• You have been living apart for five years.

To ensure that your divorce is dealt with by professionals please call us now on 0121 236 7388 or complete our online enquiry form.

Children Proceedings

Disputes between parents can often arise when couples separate. They may disagree as to where the child should live, whether the child should see one of the parents and if so arrangements or specific issues such as the choice of schooling etc.

• We will advise you on the court process and the factors that the court will consider in reaching its decision about the welfare of the child.
• We can advise you with regard to the various Orders which the Court can make including residence, contact, prohibited steps, specific issues and parental responsibility.
• If you are an unmarried parent, only the mother has parental responsibility unless there has been a Parental Responsibility Agreement signed by the parties or Order of the Court or the father’s name is on the birth certificate, post November 2003.
• Unmarried fathers often want to be on an equal standing to married fathers. We will advise you where a child abduction has occurred and where there are international elements.
• We can advise other members of the family, e.g. grandparents as to their rights to contact with the child.
• When the Local Authority becomes concerned about the welfare of the child, we can advise both the parents and the children.

To ensure that your children’s interests are protected by professionals please call us now on 0121 236 7388 or complete our online enquiry form.

Unmarried Couples

An increasing number of couples choose to live together without becoming married and the application of the law in relation to property and finance is quite different to that of a married couple. It is a common misconception that you acquire rights as being a ‘common law’ husband or wife.

• In order to avoid later difficulties, we can advise on living together agreements. These are drawn up before couples cohabit in order to express their intentions in the event of the relationship failing.
• Where there is a property dispute we will advise you upon applications under the Trusts of Land and Appointment of Trustees Act. If there are children, then consideration needs to be given to making an application under the Children Act for a lump sum and/or property adjustment for the benefit of the child.

To ensure that your interests are protected by professionals please call us now on 0121 236 7388 or complete our online enquiry form.

Domestic Violence

Regrettably domestic violence is all too common in both married and unmarried families.

• We can advise on emergency procedures involved.
• There can be issues as to the occupation of the home which need to be addressed whilst the final settlement is pending.
• We advise both men and women concerning these issues.

If you are the victim of domestic violence, whether male or female please call us now on 0121 236 7388 or complete our online enquiry form.

Maintenance and Child Support

The Child Support Act normally regulates the amount of maintenance payable for a child. That Act has greatly diminished the powers of the Court.

• We can advise with regard to child support assessments. The Court retains some jurisdiction for instance in the payment of school fees, the child having a disability, the child going onto further education and ‘top up’ cases for high earners.
• We can advise on the amount of child support the Agency is likely to require a parent to pay and against that advice on levels of maintenance for parents who do not wish to involve the Agency.

Call us now on 0121 236 7388 or complete our online enquiry form for more information.

Property & Money

There are often misconceptions as to what each party to a marriage is ‘entitled’ to receive in a divorce settlement. In fact any decision is at the discretion of the Court. The Court should take into account all the circumstances of the case and the first consideration is given to any child of the family who is under 18 years of age. In exercising its power the Court must have regard towards the following matters:

• The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the Court be reasonable to expect a party to the marriage to take steps to acquire.
• The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.
• The standard of living enjoyed by the family before the breakdown of the marriage.
• The age of each party to the marriage and the duration of the marriage.
• Any physical or mental disability of either of the parties to the marriage.
• The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family.
• The conduct of each of the parties, if that conduct is such that it would in the opinion of the Court be inequitable to disregard it.
• In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution of annulment of the marriage, that party will lose the chance of acquiring (e.g. loss of pension benefits).
• Whether it is possible and reasonable to achieve a clean break between the parties.
• In summary, the Court has the following powers, transfer of property between the parties, putting property into trust, Order for the sale of property, lump sum Orders transferring money, maintenance Orders for a spouse whether indefinite or lasting for a stated period and pension Orders known as pension attachment orders and pension sharing orders. The Court also has limited powers to order maintenance for children (see maintenance/child support).

Each case must be considered in detail on its individual merits in order to give advice on likely settlement. There is a duty on each side to make a full and frank disclosure with regard to their finances. The majority of cases often settle after negotiation without the need for the Court to impose a decision.

Settlements can be made without there being a divorce whether in the course of judicial separation proceedings, or simply by agreement and a Separation Deed is advisable to reflect the terms reached.

Ensure That Your Family Is In Safe Hands

To ensure that your family matter is dealt with by professionals please call us now on 0121 236 7388 or complete an Enquiry Form and we will be in touch with you.

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