Family Law
If you are experiencing problems with your relationship you will find that our approachable family team are willing to help answer many of the questions that you may have.
At the first interview you will be advised as to whether you may be entitled to public funding (formerly Legal Aid) and have the opportunity to find out where you stand. We will listen to you and then explain the options available and the consequences of any action that you may wish to take.
We appreciate that enquiries of this nature are sensitive and you can rest assured that you will receive practical jargon-free advice from solicitors who have many years experience of this type of work.
You will be advised and assisted to resolve issues fairly and speedily with the minimum of acrimony and unnecessary expense on issues arising from relationship breakdown including:
- Divorce
- Separation
- Civil Partnerships
- Financial Settlements
- Children applications (including contact and residence)
- International Child Abduction
- Separation agreements
- Adoptions
- Care proceedings
- Domestic violence injunctions
Our Family Department is one of the largest in York. Our solicitors include:-
- Accredited members of the Solicitor's Regulation Authority (formerly the Law Society) Children Panel who have expertise in proceedings relating to children
- Accredited members of the Solicitor's Regulation Authority Family Panel
- Members of Resolution. Resolution family lawyers are committed to the constructive resolution of family disputes. They follow a Code of Practice that promotes a constructive and non-confrontational approach to family problems. Visit the website www.resolution.org.uk for more information on Resolution
We also have an in-house trained collaborative solicitor who can work with you, your former partner and their collaborative lawyer to try and resolve issues face to face, giving you more control of the situation. This can often minimise the pain of family breakdown and can be more cost effective than a traditional court based approach. Visit the website www.yorkcfl.com for more information on Collaborative Law.
Divorce
The person who starts the divorce proceedings is known as 'the Petitioner' and the other party is the 'Respondent'.
There is only one ground for divorce in English Law, namely irretrievable breakdown of marriage; but that can be established in one, or more, of five ways, namely:-
- The adultery of the respondent
- The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.
- Desertion by the non-petitioning spouse for a period of two years immediately preceding the presentation of the petition.
- Separation for two years by consent immediately preceding the presentation of the petition.
- Separation for five years where there is no consent immediately preceding the presentation of the petition.
Adultery and unreasonable behaviour are the two facts which are most often relied upon by divorcing couples
Finances
This is a complex and evolving area and we will give you expert advice on how to divide your property, money and pensions. We are experienced in handling high worth cases including businesses.
The court takes various matters into account when considering the financial arrangements between you and your spouse. The court considers all the circumstances of the case, giving first consideration to the welfare of any children under the age of 18 and, in particular, the following factors:-
- 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.
- The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have.
- The standard of living enjoyed by the family prior to the breakdown of the marriage.
- The age of each of the parties to the marriage and the duration of the marriage.
- Any physical or mental disability of any party to the marriage.
- The contributions which each party has made or is likely to make including contributions to looking after the home or caring for the family.
- The conduct of each of the parties.
The aim of the Court is to achieve fairness and the Court would ordinarily look at a claim for financial relief on either a contributions or needs basis.
Separation
It is possible to regularise your separation without actually divorcing. This can be by a formal separation agreement which usually embodies the terms of financial settlement as well as including a clause that you and your spouse would agree to live separate and apart for a period of two years and agree to a divorce petition being lodged after two years.
Usually the financial settlement is embodied within a separation agreement, however, there are no restrictions on what can or cannot be included in such an agreement and it is important to bear in mind that should either person make a subsequent financial application to the Court, the Court is not bound by the financial arrangements contained in the separation agreement).
Children
The law relating to children is governed by the Children Act 1989. The Act changed the old arrangements in relation to custody, care and control and access. The Act introduced a number of new arrangements in connection with children which include:-
- Residence Orders
- Defined Contact Orders
- Prohibited Steps Orders
- Specific Issue Orders
- Parental Responsibility Orders
The ethos behind the Children Act 1989 is of non-intervention and the Courts hope that the parents will be responsible when dealing with the welfare of the children which means that the Court will not have to become involved. Only in the absence of agreement would either parent need to lodge an application with the Court.
Mediation
We will discuss with you whether we feel your case is appropriate for mediation. Mediation which involves an impartial third person assisting those involved in family breakdown to communicate better with one another and to help them to reach their own agreed and informed decisions about some or all of the issues relating to or arising from the separation or divorce including children, finance or property.
One advantage of reaching an agreement through mediation is that it is almost always considerably cheaper because it does not involve going to Court. Another advantage of reaching an agreement through mediation is that such agreements usually last and you would therefore be more likely to get on better with your former spouse in the future.
We work alongside York Family Mediation Service and can formally refer you if appropriate. For more information visit their website at www.nfm.org.uk.