Family Law
The answers given below are not relevant to people who live together and who are not married or in a civil partnership. References to spouses also means civil partners.
What is a civil partnership?
Civil partnerships are a (legally) recognised union between two people of the same
sex. It is, to all intents and purposes, a right of marriage for gay and lesbian couples.
Couples who become partnered will have the right to exactly the same legal
treatment across a range of matters as a married couple would expect. The
procedure for dissolving a civil partnership is similar for a divorce.
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When can I get divorced?
You cannot issue proceedings until you have been married for at least one year. You
must satisfy one of the grounds for divorce, there are 5 grounds under which you can
proceed.
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How long does it take to get divorced?
If both parties agree that the marriage is over, then the process can take between
4-6 months. The negotiation in respect of the division of assets can however take
much longer.
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Will the Court interfere with agreed arrangements
in respect of our children?
The legal system promotes a no order principle, so if the parents can agree as to
arrangements of where the children will live and when they will see the parent with
whom they are not living then the court will generally not interfere.
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If the breakdown of the marriage is my fault/my decision
will I be penalised in the financial settlement?
No, but there are always exceptions, there are always exceptional circumstances.
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How will I cope financially now that my spouse
has left me and I don't work?
Generally a non-working spouse will have rights in respect of maintenance from the
working spouse, and an application to the court for maintenance can be made.
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Can my spouse force me to leave the family home?
No, not without a court order.
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I have left the family home, can I return?
Yes, unless there is a court order preventing your return.
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What happens if my partner is preventing me
from seeing the children, can I do anything?
Yes, you can apply to the court for a contact order.
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Is a pre nuptial agreement a legal document?
Yes, but see below 'Are the courts bound by a pre-nuptial agreement?'
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Are the courts bound by a pre-nuptial agreement?
No, but it can be an important circumstance which the court can take into account in
considering the division of assets on the breakdown of the (marriage).
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Are the courts bound by a pre-nuptial agreement?
No, but it can be an important circumstance which the court can take into account in
considering the division of assets on the breakdown of the marriage.
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My partner wants me to sign documents, what should I do?
Don't sign anything unless you have taken your own legal advice, don't rely on what
your partner says.
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My spouse is violent what can I do?
You can apply to the court for protection, to stop your partner coming anywhere near you or contacting you directly (on the telephone) or indirectly (by letter or through a third person). You could even ask the court to remove your violent spouse from your home and prevent them from returning.
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My ex is moving hundreds of miles away with our children,
what can I do?
You can apply to the court for a prohibited steps order, preventing them from taking
the children. What the court decides depends on the individual circumstances.
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My partner and I are not married, do I have any rights?
Unlike a married person or someone in a civil partnership you do not have any
entitlement to maintenance from your partner, or to share in your partners assets.
There is no current legal framework for people who live together although this area
of law is under review.
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Our Service to You
Family Law department at Bramhall Solicitors has developed a strong reputation for
confident assistance in a wide range of matters including;
- Divorce and Separation
- Pre-nuptial and Separation Agreements
- Breakdown of Civil Partnerships
- Children matters including residence, contact and prohibited steps applications
- Ancillary relief
- Cohabitation agreements and disputes
- Applications to the court to deal with specific issues or to prevent children from being removed from the country
- Domestic Violence - non-molestation order applications (injunctions) and occupation orders
We are committed to keeping abreast of new legislation, and providing you with both a sympathetic and confidential service. We recognise the emotional elements of a family breakdown, and work towards ensuring that our involvement does not add to the multitude of problems facing the parties.
We practice within the Law Society's Family Law Protocol and those of "Resolution" (formerly the Solicitors Family Law Association), which means we will seek to resolve disputes in a non-confrontational manner wherever possible. We practice collaborative law. We ensure that the focus of any family dispute involving children is the children, and their welfare remains a priority throughout any instruction.
Whilst we work towards settling disputes by negotiation, keeping legal costs to a minimum we will always litigate aggressively if and when needed. Our extensive knowledge of the law in the family area ensures that the full benefits the law has to offer are utilised to maximum effectiveness.
From the outset you will be appointed a single solicitor who will maintain a close link with you until the conclusion of the case.
