Family Law

Separation and divorce

The end of any relationship is not easy for anyone involved. The decision to separate and divorce is turbulent for any couple. Our specialist divorce lawyers can help guide you through the process and find solutions that are right for your family, children and individual circumstances.

Collaborative law

Our approach to family law is centred around providing positive solutions for you - while minimising the emotional trauma for you and your family. Collaborative law allows you to find a more constructive way to deal with family law disputes. 

Finance

Deciding who gets what following a separation or divorce is often contentious. Whereas many couples can continue to work together for the benefit of their children, finance issues can be more problematic.

Despite this, not all cases need to end in expensive court cases. Our team are experts in negotiating settlements that are fair and reasonable for both parties. We'll look at your unique circumstances as a whole and act as mediators, drawing on decades of experience to construct a strategy and to reach an agreement.

Unfortunately, there are times where a mutual agreement is not possible. In these circumstances, the court can step in to make a financial order, known as the 'contested' route. This means the court will decide how assets will be split, dividing up pensions, property, savings and investments. It can also include arrangements for maintenance payments, including child maintenance.

The court will consider a wide range of variables, including age, ability to learn, living expenses, standard of living, financial needs, roles within the family and disabilities.

Taking the court option takes longer and is more expensive.

Pensions

Pensions can sometimes be overlooked during divorce or separation – but they are often one of the most valuable assets. It’s also common for one partner to have a significantly larger pension pot than the other, if they have been the main earner for a long period of time.

Pensions can be offset against other assets such as property, or earmarked, allowing the separating couple to split the money at an agreed percentage once the funds become accessible, usually from age 55. A third option is to split the pension into two pots from the date of divorce, giving both people greater flexibility.

Our family team includes wealth protection experts who can advise you on the best route forward to protect your money.

Pre-nuptial agreements

Pre-nuptial agreements are often associated with celebrities or the mega-rich, but an increasing number of people are seeing the benefits of reaching agreements with their spouse prior to marriage.

Pre-nuptial agreements are detailed documents that define and regulate the financial affairs during the marriage, but also in the event of a future separation.

They are very flexible documents that can be tailored to the bespoke needs of each individual couple. Assets or future inheritance can be ringfenced, offering people certainty as to what their financial situation might look like upon separation.

Pre-nuptial agreements are not legally binding in the UK – but they are taken seriously by the court if they are drafted thoroughly.

Civil partnerships

Both opposite and same-sex couples in the UK can choose to enter a civil partnership or to have a marriage.

A civil partnership gives your union legal recognition just like a marriage, bringing both rights and responsibilities. Once you have registered a civil partnership, it can only be ended if one person dies, or by applying to court.

Pre-registration agreement can be reached before entering into a civil partnership, which sets out what happens to assets and/or children in the event of a relationship breaking down.

We can help couples formulate a pre-registration agreement - or help with the separation process if there is no agreement in place.

Children

Making the best arrangements for your child when a relationship breaks down can be stressful, but it's absolutely paramount that it is done properly and sensitively.

Disagreements over who the child should live with, how often they should see each parent, who they should holiday with and what school they should go to are common, not to mention child maintenance disputes. Our friendly, caring team will work closely with you to gather the specifics of your case to advise on the most appropriate course of action.

A child arrangement order – formerly known as custody or contact – is used to determine who is to be responsible for a child's care following separation or divorce.  In the vast majority of cases it will be in the best interests of the child that they maintain a meaningful relationship with both parents - and possibly extended family - but it's important that this is discussed and agreed.

Where possible, we’ll strive to reach amicable agreements outside of court, using alternative dispute resolution where appropriate.

Domestic abuse

There is no statutory definition of domestic abuse. It covers a wide range of behaviours, not just physical violence and threats. It might also include sexual violence, emotional or other psychological abuse, harassment, or coercive or controlling behaviour. This can include financial and indirect controlling behaviour.

Controlling behaviour can include a range of acts designed to make a person subordinate or dependent by:

• depriving someone of the means needed for independence, resistance and escape
• exploiting a person for financial gain
• isolating a person from friends, family or other sources of support
• restricting or regulating their activities or behaviour

Coercive behaviour can include acts such as physical assault, threats, humiliation and intimidation or other actions used to harm, punish or frighten someone.

We have considerable experience in advising on the legal options open to those who are suffering from or have been accused of domestic abuse. Our highly trained, sympathetic experts can assist you in taking appropriate steps to move towards a resolution.