what we do
The breakdown of any marriage and consequential disagreements concerning children is likely to be a deeply stressful and difficult experience. Our aim is always to try to help the parties work towards an amicable resolution if this is possible, to concentrate on areas of agreement, identify the areas of disagreement and to help clients understand the legal issues where agreement cannot be reached. This will help the client to be better informed as to the decisions that need to be made.
Where agreement can be reached, the terms can be set out in a draft consent order which is sent to the court and can be dealt with administratively saving the client legal costs.
The ground for divorce is the irretrievable breakdown of a marriage resulting from adultery, unreasonable behaviour, separation or desertion. A couple cannot divorce within the first year. Thereafter, they can divorce based on adultery or unreasonable behaviour at any time, or based on 2 years' separation if both parties consent or 5 years separation or desertion without consent.
Where a couple are able to reach agreement as regards arrangements for the children and a financial settlement this can be set out in legal terms in a Separation Agreement which forms an enforceable contract. It is best if both parties have been legally advised. This is the cheapest option but there should be full disclosure concerning financial assets and it is important that neither party feels any undue pressure or duress that could lead to an unfair settlement.
Applications can be made to the court for residence, contact, specific issue and prohibited steps orders relating to children, although as a general principle the court will not make any order unless it is deemed necessary. A residence order deals with where the child is to live, a contact order with arrangements for the absent parent, or sometimes a grandparent, to have suitable contact with the child, a specific issue order with an issue concerning the child's upbringing such as what school the child is to attend or perhaps medical treatment and a parent may obtain a prohibited steps order, for example to prevent the other parent from taking the child out of the jurisdiction. In all cases, the welfare of the child is paramount.
It may also be appropriate for the parent with whom the child resides to apply to the court for a maintenance order requiring the absent parent to pay regular maintenance. Income tax relief can be obtained provided a maintenance order in place.
Clients in family matters often arrive embittered and upset. It is necessary to try to separate the legal issues from the emotional issues and to help our clients to do this also. In all family cases we strive to resolve matters by a consent order if it is possible, and in any case to avoid unnecessary acrimony.