Family and Divorce Department
Our family department handles disputes including divorce, separation, residence and contact to children. We also assist with financial settlements and family mediation. We are members of the Family law and Children panel.
Relationship matters
There are different options available and an outline is provided as follows:
COUNSELLING
Professional assistance can be sought through an organisation such as Relate thus enabling relationship problems with a view to resolving your differences and effecting a reconciliation with you and your partner. We can give them your details and help you to arrange a convenient appointment.
MEDIATION
If you are separating or divorcing you can attend a meeting either alone or together with a trained mediator, who will help you to work out your own solution regarding finances and children. This way you both negotiate terms of settlement, and thereafter seek independent legal advice with regard to such settlement, before a finalised agreement is reached. This way discussions take place face to face and it is hoped that costs are kept to a minimum.
DIVORCE
There is only one ground for divorce, and that is if the marriage has irretrievably
broken down. This can be shown in one of five ways:-
a) Adultery
b) Unreasonable behaviour
c) Desertion
d) Separation of two years (both parties must give consent)
e) Separation of five years
Whichever of the five facts you rely on to show that your marriage has irretrievably
broken down will need to be supported by relevant information.
It is difficult to say how long a divorce will take, as there are too
many factors to be taken into consideration.
Divorce form can be found here.
CHILDREN
Under the Children's act 1989 the courts are concerned with what is in the best interests of the children. An order is not made unless one is considered to be necessary. It is anticipated that the parents try to reach an agreement. If however, they are unable to do so, each parents is entitled to apply for a residence/contact order, and or any other orders in respect of the children
ANCILLARY RELIEF
Again it is hoped that a fair and reasonable settlement
can be decided between the parties without the necessity of a full court hearing,
if an
agreement cannot be reached, it will be necessary to apply to the court
for the court to decide how matter should be resolved.
Where an
agreement can be reached it is advisable to convert the agreement into a
consent order which is signed by both parties and approved by the court.
We have provided a basic outline of the options that are available.
Depending on your financial circumstances it may be possible to receive
assistance with funding. The Legal Services Commission, Legal Help Scheme
may allow two/three hours work initially. Thereafter a formal application
may be made to receive further funding.
We have provided a Divorce information form for you to complete and return to
us. We shall be pleased to assist you with any queries that you may have.
We shall offer you an appointment as quickly as possible.
