Services

Family

The 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 recognise that where marriage breakdown and other family issues are involved our clients will require not only the highest quality legal advice but, also, a great deal of emotional support. Our aim will be to provide you with that support in a way that will help you through your situation with the minimum of trauma and stress.

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. If it does become necessary to go to court, our extensive knowledge of family law and court procedures will ensure that you are guided through the litigation process in the way which maximises your chances of achieving a successful outcome.

From the outset you will be looked after by a partner in the practice who will maintain a close link with you until the conclusion of the case.

You cannot issue proceedings until you have been married for at least one year. The ground for divorce is always the irretrievable breakdown of the marriage. There are 5 alternative facts that can be used to establish that ground, the most common being two year separation with consent, adultery and behaviour.

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.

The legal system promotes a no order principle, so if the parents can agree the arrangements for 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.

Generally no, but conduct can be relevant in exceptional circumstances.

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.

No, not without a court order.

Yes, unless there is a court order preventing your return.

Yes, you can apply to the court for a contact order.

Yes, but see below ‘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.

Don’t sign anything unless you have taken your own legal advice, don’t rely on what your partner says.

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.

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.

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.

How can we help you?

Bramhall Solicitors can help you by providing you with a high quality legal service.

Our starting point is that our clients need looking after. Legal matters can be stressful – so, whether you are moving house, dealing with bereavement, trying to work out what you should do in your Will or facing family issues, we will make it our priority to provide you with all the legal support and advice you need.

 

Get in Touch

Please give us a call on 0161 439 9777, or fill out the form below and we’ll call you back as soon as we can.

Alternatively, you are welcome to visit us at our office in Bramhall at Errwood House, 212 Moss Lane, Stockport, SK7 1BD. Visit our contact page for map and directions.

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