Your Life
Family Law
Relationships form and often go through changes. These may include moving in together as cohabitants, getting married or entering a civil partnership, having children, purchasing property together and so on. In some cases, relationships also come to an end.
Our Family Law team can help guide clients through their personal journeys and cover the following:
- Cohabitation agreements and disputes
- Pre and post nuptial agreements
- Divorce and Dissolution
- Resolution of finances alongside a divorce or separation
- Arrangements for children
- Domestic abuse
As committed members of Resolution, our aim is to resolve any issues and bring matters to a fair conclusion, whilst avoiding any unnecessary confrontation. This brings huge benefits in terms of reducing the emotional and financial toll on those concerned.
We are experienced in advising clients alongside various processes including direct negotiations, mediation, negotiations through lawyers, private hearings and arbitration. Court proceedings are always a last resort but, where necessary, we can offer full representation throughout.
Above all, our focus is on looking after our clients at what is often a significant point in their lives. All our family law advice is, of course, in complete confidence and we are happy to speak informally on the phone before arranging any appointment.
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COHABITATION AGREEMENTS AND DISPUTES
There are often misconceptions about “common law marriage” and rights that one or both parties to a relationship may acquire if they move in together. We can provide clarity on this and help record the intentions of a couple who decide to cohabit in the form of a Cohabitation Agreement, where appropriate. It might be that one party already owns the property in their sole name and is looking to protect their asset, or a couple is purchasing a property in joint names and wish to document the arrangement, for example.
We also assist unmarried clients going through a separation, including where property or other joint assets are concerned. If children are involved, we can consider whether financial provision for their benefit is appropriate and, if so, how this might be achieved. In some cases, this can include capital provision (housing) whilst they remain in their minority. We also have experience of situations concerning “top up” child maintenance where the paying parent’s income exceeds the Child Maintenance Service’s threshold.
Please note that this area is also the subject of a campaign for significant change to the law in relation to cohabitation. We are keeping such developments under close review and will be able to advise clients if and when they may be affected by this.
PRE AND POST NUPTIAL AGREEMENTS
Preparing a pre or post-nuptial agreement might seem like tempting fate or suggesting you do not have confidence in your relationship. However, more and more couples are seeing it for what it really is: a simple financial agreement that can potentially save you both enormous amounts of cost and issues if things do not work out. They are not automatically legally binding in England and Wales but are likely to be upheld providing certain criteria is met, all of which we can provide guidance on.
We understand that broaching the idea any such agreement as you approach a wedding or are already married can be a delicate subject. However, you can be confident that we will handle the process in a sensitive, professional and objective manner.
DIVORCE AND DISSOLUTION
The breakdown of any relationship can be painful and we are sensitive to how overwhelming the process can be at the outset for couples who are married or in a civil partnership.
We are experienced in helping clients navigate the way forward and can provide clarity on the options open to them, including formalising the separation by way of a divorce or dissolution, as well as resolving any financial or other issues that have arisen as a result.
We also have connections with counsellors and therapists, should clients wish to seek support for the emotional side of things as part of their journey.
RESOLUTION OF FINANCES ALONGSIDE A DIVORCE OR DISSOLUTION
As with all aspects of family law, the division of finances needs careful consideration and tailoring to the circumstances of the family involved. We advise clients regularly on this area and have helped many reach a fair outcome which ensures their future needs are met, ranging from straightforward to complex and/or high value situations. We have extensive experience of helping resolve situations involving homes, other property, businesses, trusts, investments, pensions and assets abroad, for example.
Besides providing legal advice, we explore which practical processes for addressing the issues are best suited to our clients, based on their individual situations, and whether the input of another expert such as financial planner and/or pensions expert is appropriate. The aim is to provide our clients with a comprehensive package of all the advice and support they need.
ARRANGEMENTS FOR CHILDREN
The breakdown of a relationship where children are involved can be especially difficult and require sensitive handling. In many cases, couples manage to agree on the practical arrangements between them without needing to involve lawyers or other professionals, which is often the preferred option. If for any reason this is not possible, we have expertise in a wide range of children issues, including the following:
- Disputes over how the children spend time with each parent
- Situations involving allegations of abuse, safeguarding concerns and parental alienation
- Disputes over decisions such as location (including potential relocation), schooling or medical treatment
- Applications by grandparents or other relatives to spend time with children
- Name changes
- Parenting Plans
- Contested court proceedings
DOMESTIC ABUSE
Official statistics suggest that a quarter of all women, and one in seven men, will experience some form of domestic abuse in their lives. The real numbers are probably even higher – and figures, of course, are only one small part of the story. Although common, domestic abuse – which can be verbal, emotional and financial, not just physical – remains very difficult to talk about and can seem impossible to escape.
If you are being subjected to domestic abuse, in whatever form, you do not have to suffer in silence or go through it alone. Our Family Law team are experienced in supporting clients who are in, or have been in, difficult relationships. If you are considering contacting us for this reason, please be assured that your communication will be dealt with sensitively and in complete confidence.
”I want to thank you so much for your hard work and patience… I really appreciate the extra time and effort that you put in”
“Fantastic service I would not hesitate to recommend”
Our Experts
Emily Bower
Associate
Family Law
Emily is an Associate in the Family Department working at our Petersfield and Midhurst office. Emily studied at Southampton University, completing the LPC and LLM in Law & Business Management at the University of Law,…
Emily Bull
Partner
, Head of Department
Family Law
Emily is Partner and Head of the Family Law Department, based at our Petersfield office. Emily has a particular focus on finances for mid-high net worth clients with a range of assets, including businesses and…
