Family Law

Divorce involves three core legal issues: **legally dissolving the marriage** itself, achieving a **financial settlement** (dividing assets, pensions, and debt), and making **arrangements for any minor children** (where they live and time spent with each parent). We guide clients through all three.

The legal process of dissolving the marriage (the decree itself) can take around **6–8 months**. However, the entire process, including reaching and finalizing the crucial **Financial Order**, often takes **9 to 18 months**, depending on the complexity of assets and the level of cooperation between parties.

Courts aim for a **fair outcome**, prioritising the **needs** of any children and the housing needs of both parties. The division is based on all assets, including property, savings, and pensions, whether acquired before or during the marriage. It is rarely a simple 50/50 split.

**Separation** is the factual process of living apart and making practical arrangements. **Legal Divorce** is the formal court procedure that legally ends the marriage. Until the legal divorce process is complete and a **Financial Order** is issued, assets are still considered marital property.

You can agree privately, but having a solicitor convert this into a legally binding **Child Arrangement Order** is highly recommended. This Order provides structure, certainty, and enforceability, protecting both parents and, most importantly, ensuring the arrangement is focused on the child's best interests.

Courts base all decisions solely on the **child's best interests**. Factors considered include the child’s wishes (depending on age/maturity), the stability of the environment, each parent's capacity to meet the child's needs, and any history of harm or abuse.

These are formal legal contracts made **before** (Prenuptial) or **after** (Postnuptial) marriage that specify how assets will be divided in the event of divorce. While not absolutely binding, they carry significant weight in court, provided they were fair and properly executed with independent legal advice.

Yes, it is possible. This requires proving to the court that you have taken all reasonable steps to locate them. This complex process is called **deemed service** or **dispensing with service**, and our team has specific expertise in handling these challenging applications.

Pensions are considered a major marital asset. The court can order a **Pension Sharing Order**, which transfers a percentage of one spouse's pension to the other, or a **Pension Attachment Order**, which earmarks a portion of the pension payments for the ex-spouse upon retirement.

Mediation is a process where a neutral third party helps the couple negotiate agreements, particularly regarding children and finances. It is often a mandatory step (e.g., a MIAM meeting) before court proceedings can be started, and it can save significant time and cost.

We can act urgently to secure your safety and the safety of your children. This may involve applying to the court for immediate protection orders, such as a **Non-Molestation Order** (to prevent violence/intimidation) or an **Occupation Order** (to exclude a perpetrator from the family home).

If a Financial Order has been made and sealed by the court, it is very difficult to change. It can only be altered in rare circumstances, such as fraud, non-disclosure of assets, or a significant, unforeseen change in circumstances (a 'Barder event') shortly after the Order.

Parental Responsibility (PR) is the legal right, duty, and authority to make important decisions about a child's life, including education, medical treatment, and religious upbringing. Mothers usually have PR automatically; fathers may need a court order or to be married to the mother to obtain it.

Early instruction ensures you receive accurate advice on your rights before making any missteps, helps protect key assets, formalizes temporary living and financial arrangements quickly, and often leads to a faster and less combative negotiation process.

**Book a confidential initial consultation with our Family Law specialists.** We will discuss your situation sensitively, clarify your legal position regarding your children and finances, and outline a clear, focused strategy to achieve a secure resolution for your family.