Family Law services
Family Law regulates the way that couples deal with their finances and family arrangements. It guides separating couples on how to divide their assets and what arrangements to put in place for their children. Family law can also provide protection for victims of abuse within their family relationships.
Because every family situation is different, a great deal of discretion is exercised in the area of family law to provide an outcome that is fair to all concerned. Family law encourages couples to take a constructive approach to resolve a situation with as little conflict as possible. In this way family law is very distinct to other areas of the law. At E J Coombs Solicitors we specialise in family law and all of our solicitors are experts in that area.
Getting Together
Few people would enter other contractual arrangements with a third party without having this recorded in a document. Yet the vast majority entering into a relationship give little thought to how their and their partner’s affairs are to be regulated. For some this can be difficult to unravel if the relationship ends, not to mention expensive. For many people such difficulties could be avoided by simply having an agreement drawn up from the outset.
Pre-Marital & Pre-Nuptial Agreements
A pre-marital agreement (sometimes called a “pre-nuptial agreement”) is an agreement made before a couple marries, setting out how their financial and other affairs are to be conducted during their relationship and in the event that the relationship comes to an end. They are particularly popular in other European countries. In England, the courts are not yet allowed to follow a pre-marital agreement alone and other facts of the case must still be considered. Such agreements can, however, be a good indication of the parties’ intentions and increasingly the English courts are taking them into account when considering the appropriate settlement.
These agreements can be as flexible as you wish. They can cover financial arrangements, arrangements for children and any other matter about which a couple wants to be clear. To avoid being challenged, the agreement should be completed no less than ten weeks before the wedding date and both parties should have independent legal advice and full knowledge of the other’s financial position. The agreement should be reviewed regularly.
We are happy to prepare pre-marital agreements, whether these be in connection with a first marriage or a subsequent marriage where the couple may wish to preserve the assets that they are bringing into the marriage for children of their former relationship.
For simple pre-marital agreements we offer a fixed fee. For other agreements we are usually able to provide a bespoke fixed fee once we have some information relating to the case.
Post Marital & Post Nuptial Agreements
Most people have heard of pre-marital agreements, but it is also possible to have such an agreement drawn up once the parties are married (a “post-marital or “post-nuptial agreement”). As for pre-marital agreements, the courts cannot be bound by these agreements but will often take them into account as part of the evidence of the case in the event that the marriage ends.
Post-marital agreements might be useful, for example, to amend an existing pre-marital contract where circumstances may have changed, or to protect assets inherited by one or other party during a marriage.
As for pre-marital agreements, it is necessary for both parties to have independent legal advice and to have full knowledge of the other’s finances before entering into the agreement.
Trust Deeds
A trust deed, which can also be known as a “deed of trust” or a “declaration of trust,” is a legal agreement between the joint owners of property.
These are most commonly used where an unmarried couple is buying a home together, particularly when one of them is putting more money into the purchase than the other.
A trust deed can include various pieces of information such as:
• the amount each person contributed towards the purchase;
• the amount of each person’s share in the ownership of the property;
• what happens if one or both owners wish to sell.
A trust deed is aimed at protecting you in the event that you go your separate ways at a later point and reduces the risk for you buying with someone else.
Cohabitation Agreements
Where a couple is unmarried, but wish to share a home together, arrangements can often become complicated. One of them may have put more into the house than the other, or the house may be held in one of their names but both are contributing financially. If the relationship comes to an end, these scenarios can lead to an outcome which was not intended by either of them at the outset.
A simple way of avoiding such difficulties is to have a cohabitation agreement drawn up, preferably before a couple move in or buy a house together. The agreement can set out specifically the way the couple would like their finances to run while they are together and what will happen in the event that they separate.
We offer a cohabitation agreement on a fixed fee basis in most cases.
Splitting Up
For most people, going through a divorce or separation is an extremely stressful and upsetting time. We can provide you with options on how best to proceed in your particular case and support you through the process.Divorce
Divorce is the only way of legally dissolving a marriage. Under English law there is only one ground for divorce, which is that the marriage has broken down irretrievably. It is no longer necessary to prove that one party is to blame and you can obtain a divorce if you believe that the marriage is at an end, either by making an application solely or jointly with your ex spouse. Careful thought has to be given and advice taken on which is the most appropriate. The divorce process is seen very much by the courts as simply a means of dissolving the marriage and whether the application is made solely or jointly will not affect any other aspect of the case. Nevertheless, the whole issue is emotionally charged and we are always sensitive to this and guide our clients in a way that feels comfortable to them. To start a divorce, we need your original marriage certificate or a certified copy of the marriage certificate (obtainable from the Registrar of the district in which you were married). We will also need some background information from you which we can discuss at either our initial meeting or a later meeting. Provided divorce proceedings are undefended and straight forward they will take on average 6 – 8 months. However, if there are disputes about the children and/or finances this could delay the final stage of the divorce. The vast majority of divorces are dealt with by the courts on paperwork alone and there is very rarely any need to attend court about the divorce itself. It is only when there is a dispute about the children and/or finances that an appearance at court may be necessary.Separation Agreements
In many cases a divorce may not be desirable or advisable. In those cases it is possible for a couple to simply live separately but still remain married. In cases where one or both parties may have some objection to divorce e.g. on the grounds of religion, it is possible to apply to the courts for a judicial separation. That will not dissolve the marriage but will give a formal declaration that the parties are separated. Either way, it is possible to regulate financial and other arrangements which flow from a separation. This is usually in the form of a separation agreement (sometimes called a “separation deed” or a “deed of separation”). Provided that a separation agreement is drawn up properly, in any subsequent divorce the courts will normally follow such an agreement, unless there has been a change in circumstances which makes this unfair. For the agreement to be drawn up properly, both parties must have taken independent legal advice, both must be fully aware of the extent of the other’s finances, neither party should be under any pressure to sign the agreement and the terms of the agreement must be such that they would be considered by a court to be fair in all the circumstances of the case. If a separation agreement is entered into and later there is a divorce, the agreement can be incorporated into a court order within the divorce proceedings.Civil Partnership Dissolution
The law for dissolution of a civil partnership mirrors more or less the law in respect of divorce. As with divorce, couplea must have been in the civil partnership for more than one year before they can start dissolution proceedings. The only ground for dissolving a civil partnership is that the civil partnership has broken down irretrievably To start a civil partnership dissolution, we need your original civil partnership certificate or a certified copy of this (obtainable from the Registrar of the district in which your civil partnership took place). We will also need some background information from you which we can discuss at either our initial meeting or a later meeting. Provided dissolution proceedings are undefended and straight forward they will take on average 6 – 8 months. However, if there are disputes about the children and/or finances this could delay the final stage of the dissolution. The vast majority of cases are dealt with by the courts on paperwork alone and there is very rarely any need to attend court about the dissolution itself. It is only when there is a dispute about the children and/or finances that an appearance at court may be necessary.Financial Settlements for Separation or Divorce
If you are going through a separation or divorce you will need to come to some sort of agreement about how your income and assets are divided up.
For unmarried couples this is governed largely by the increasingly complex area of property law.
For married couples the situation is quite different. There is no rigid formula that can be applied. Each case is judged on its merits and the individual facts and circumstances of the parties involved.
Take a look at the number of ways we can help you draw up a financial settlement.
Married Financial Disputes
The law governing the division of income and assets on divorce is set out in The Matrimonial Causes Act 1973. Since that Act came into force, there have been thousands of court cases which guide us on how the law is to be interpreted.
As each case is very different to any other, the courts have a huge amount of discretion in the type of orders that they can make in a case. Because of this, it is difficult for anyone other than a family law specialist to predict the outcome of a case.
The facts that a court must take into account are wide ranging and include:-
(a) the welfare of any child of the family;
(b) the income, earning capacity, property and other financial resources of the parties to the marriage ;
(c) the financial needs of the parties to the marriage;
(d) the standard of living enjoyed by the family;
(e) the age of each party and the length of the marriage;
(f) any physical or mental disability;
(g) the contributions which each of the parties has made to the welfare of the family, including any contribution by looking after the home or caring for the family
It is very rare that the conduct of the parties is relevant in financial cases and the grounds for divorce set out in any petition will not usually affect any settlement made.
We aim to achieve a settlement for our clients in the most cost effective way. This means exploring all possibilities such as mediation, round table meetings, arbitration, as well as court proceedings if they are absolutely necessary. The vast majority of our cases are concluded without the need for court proceedings. Where court proceedings are required, we will try and negotiate a settlement for our clients as soon as possible within those proceedings, as long as it is in our client’s best interests to do so.
However a settlement is reached, it is advisable to have this drawn up into a formal document to ensure that it is effective. Agreements reached by a couple between themselves, even if recorded in a document, are rarely enforceable.
If there are divorce proceedings underway, the financial settlement will be recorded in a court order within those proceedings. In the majority of cases, a court order can be obtained without having to attend court at all. Such a court order is known as a “Consent Order”.
If there are no divorce proceedings underway, the settlement can be drawn up into a separation agreement (sometimes called a “separation deed” or a “deed of separation”).
Provided that a separation agreement is drawn up properly, in any subsequent divorce the courts will normally follow such an agreement even if one party to it has changed their mind, unless there has been a change in circumstances which makes this unfair.
For the agreement to be drawn up properly, both parties must have taken independent legal advice, both must be fully aware of the extent of the other’s finances, neither party should be under any pressure to sign the agreement and the terms of the agreement must be such that they would be considered by a court to be fair in all the circumstances of the case.
If a separation agreement is entered into and later there is a divorce, the agreement can be incorporated into a court order within the divorce proceedings.
It is difficult to predict how long it will take to deal with financial issues. Often couples will be able to agree these in mediation in which case it will take us approximately 2 – 3 months to tie up the documentation. In cases where an agreement cannot be reached in mediation it is often possible for us to negotiate an agreement for our clients within 3 – 6 months. If court proceedings are necessary then these will usually take 9 – 18 months.
Unmarried Financial Disputes
The law relating to unmarried couples is very different to the law in place for those who are married. Unmarried couples have very few rights in respect of one another. In most cases where couples are unmarried the dispute relates to ownership of the family home. This is a complicated and changing area of the law and expert advice is needed in order to resolve the situation.
Children
Making arrangements for your children on separation can be one of the most emotional aspects of the situation. The law approaches arrangements for children on the basis that it is better for the parents to agree such arrangements between them if at all possible. After all, they as parents know what is best for their children and what will work in their particular circumstances. Sometimes it is difficult to have those discussions but mediation and assistance from Solicitors can help.
In those cases where a couple cannot agree on arrangements for their children, the courts can assist. As with finances, the vast majority of cases, even if brought to court, can be agreed without the need for a Judge to make a final decision.
Child Maintenance
Maintenance for children is no longer dealt with by the English Courts in most cases. The Child Maintenance Service (formerly the Child Support Agency) is responsible for carrying out assessments of the person who is liable for child maintenance.
It is not necessary to involve the Child Maintenance Service if an agreement can be reached between the parents direct. We can advise you on the appropriate level of maintenance with reference to the CMS guidelines.
In those cases where the parties have complex finances (in particular high incomes or extra outgoings such as school fees), we can advise you on top-up maintenance for children via the courts.
Arrangements for Children
Where a child will live or how long they will spend with each parent can be a highly charged issue.
There are no hard and fast rules about how often a child should see each parent and it is very much dependent upon the facts of each case and what is in the best interests of the child.
Parents can often agree these arrangements between themselves or with the assistance of mediation. If not, we are able to assist through negotiating on behalf of our client or by guiding them through the court system where necessary. As with financial issues, we make every effort to try and reach an agreement as early on as possible, even if the court has become involved.
In appropriate cases, the arrangements for children can be recorded in a court order.
Domestic Abuse Support & Advice
Domestic abuse can take many forms, including:
• psychological
• physical
• sexual
• financial
• emotional
It can happen in any relationship, regardless of the parties’ sexes, location, ethnic or financial backgrounds.
Perpetrators of domestic violence will often persuade their victims that they are to blame for their actions and that their behaviour is ‘normal’. However, physical and emotional abuse of any sort is never acceptable.
It can be extremely difficult to accept that there is an issue that needs resolving and to seek help. You can contact us in complete confidence to discuss any concerns you have, whether by telephone or in person. We have links with counsellors, drug and alcohol advisory services and domestic violence support groups. We can advise you of the many options open to you and fully support you through the process.
Protect Yourself
The most important thing in any abusive or violent situation is to take immediate steps to protect yourself and your children.
If need be phone the police, or leave the house and go to a friend’s house. Before you take any further steps, remove yourself from the immediate threat of harm.
After that there are a number of practical steps which you can take to protect yourself and start down the road of resolving the situation.
• keep a diary of events
• take photographs of any injuries
• keep the police informed – each individual event may seem petty for the police but it will help them to build up an overall picture in the event that any criminal proceedings are brought
• If you need to seek medical attention keep a note of the date and time and name of any medical professionals that you see
After you have protected yourself from any immediate or further harm, please contact us and we can take steps to resolve your situation.
Often just taking that first step, or making that first phone call will lift a weight from your shoulders and set you on the road to a more fulfilling future
Court Orders
It is possible to apply to the courts for orders to protect yourself and the children from further abuse.
Non Molestation Orders
These orders will provide for a general protection from violence, harassment or indeed any contact from your ex-partner. If someone is found to have breached a Non-Molestation Order intentionally, they can be arrested by the Police and can be sentenced up to five years in prison. It is therefore a powerful weapon to have in your armoury against further domestic violence.
Occupation Order
This order can regulate who may live in the family home, how near someone may come to the family home or the area surrounding it. If there has been serious abuse, a court can attach a power of arrest to the order which would enable to the Police to arrest anyone who would seem to be breaching the order.
Restraining Orders
If there are any criminal proceedings underway against the offending party, the Criminal Courts can impose a restraining order on them. This is similar to a Non-Molestation Order/ Occupation Order and also carries criminal sanctions if breached.
Get in touch
If you need any further information or to contact us for advice, please get in touch