Divorce
If you are of the view that your relationship has broken down, and there is no chance of reconciliation which is a difficult decision to conclude, then we are here to help you.
Deciding to separate and petition for a divorce is not only difficult step to take but is very stressful. Irrespective of the reason for coming to that decision, we can provide guidance and support through the process, with sensitivity and compassion. Divorce proceedings require attention to details and full knowledge of the different stages.
There are various options that are available to you and not all family proceedings need to be painful or acrimonious. Whilst we encourage clients to be prepared for difficult situations, we always strive to resolve matters as quickly and as painlessly as possible, as emotions can run high.
Wherever we can, and when appropriate, we endeavour to keep matters out of the Courts, and to resolve the situation and reach settlements, particularly with regard to the finances, in order to cause as little pain and upset as possible to all involved.
With the right advice, the majority of couples are able to come to an agreement without resorting to court proceedings, often with the help of alternative dispute resolution methods such as mediation.
If possible, this is advisable to save expensive legal costs as there is no Legal Aid for divorce. Although there can be entitlement for legal aid to resolve the financial situation, the costs are recoverable from any settlement which is achieved.
Accordingly, there is very little point in applying for legal aid and we do not take legal aid cases, but will discuss the financial costs with you and come to terms for payment by instalments. We find that this is the best and cheapest method for our Client.
We believe that there’s no reason why your divorce should force you to put your life on hold, and we will help you with all aspects including:
› The administrative process of filing or responding to the divorce petition
› Divorce financial settlements to agree the division of money and property
› Child maintenance and spousal maintenance
› Arrangements for children, including where they will live and decisions about their upbringing.
You’re welcome to contact us for an initial chat at no charge and with no obligation. It’s an opportunity to discuss your situation, run through your options and assess the likely costs involved.
To find out more, please telephone Mrs Kath Leyland Contact us here.
Children
When parents separate, children, especially those old enough to express their views can often feel trapped, caught in the middle of their parent’s dispute and desperate to try to please both parents.
Moreover, it is a sad reality that children can often feel their own views are lost in their Mum and Dad’s disputes and often, what is eventually agreed or ordered is not what the child themselves might want or what might be best for them.
There are no winners in court battles regarding children.
We see many cases that boil over into legal disputes and court proceedings. In proceedings the Court can appoint a professional called a CAFCASS officer who would be directed to prepare a report within which to identify a child’s wishes and feelings, but often by this point a great deal of damage has been done and significant costs incurred.
Research shows that children who are involved in court battles are more likely to go through similar battles as adults with a negative impact on their academic and career prospects.
In divorce proceedings and in the majority of cases, both the mother and the father of a child will have parental responsibility.
Parental responsibility means all the rights, duties, powers, responsibilities and authority a parent of a child has in relation to the child and the child’s property by law.
It enables a person to make decisions about the child’s property and welfare to include, but not limited to, religious upbringing, accommodation, education, and medical treatment.
The situation with regard to younger children can become even more complicated as Local Authorities have a duty to safeguard vulnerable children.
When Social Services are concerned about a family, they may become involved, and may call a Child Protection Conference or a Pre-Proceedings meeting. They may issue court proceedings for a Care Order (Care Proceedings) or in some urgent cases for an Emergency Protection Order.
These situations can be very upsetting, traumatic and difficult to resolve, especially if you face the possibility or the reality of your children being removed from your care.
You need to contact us immediately if this situation arises. We will work with you with care and sensitivity, to liaise with Social Services and provide you with a strong experienced representation, to make sure that you are treated fairly and that your voice is heard.
For more information please Contact us here.