Sometimes, family life is not smooth sailing and there are moments when the helping hand of a solicitor is needed to make those difficult times easier to handle. Family law covers a wide range of areas, from divorce and child arrangements, to wills and injunction proceedings, and much more. In this guide, we walk through some of the key family-related areas that a family law solicitor may help you with.
Sometimes, family life is not smooth sailing and there are moments when the helping hand of a solicitor is needed to make those difficult times easier to handle. Family law covers a wide range of areas, from divorce and child arrangements, to wills and injunction proceedings, and much more. In this guide, we walk through some of the key family-related areas that a family law solicitor may help you with.
If you have concerns about your family law situation and you feel you need legal advice, contact specialist family solicitor Helen Miller of Stowe Family Law. She is an exceptionally skilled family law expert with over 20 years’ experience, and Managing Partner at this well known specialist family law firm.
Reasons for instructing a solicitor and correcting mistakes
A common misconception is that acting for yourself is easy and will save you thousands of pounds. This can have disastrous consequences particularly if you have made a fundamental error along the way which could mean you have caused yourself financial damage. The following examples can have dire results, so consideration should be given as to whether not using a solicitor is a false economy in the long run. Common mistakes made by those acting in person include:
- A wrong box is ticked/completed on the divorce petition
- Accepting an offer in open correspondence that you later want to renege on
- Signing a badly drafted financial consent order or child arrangements order
- Not having a financial consent order in place at all
- Signing a pre-nuptial, post-nuptial or separation agreement with no understanding of what it means, and no financial disclosure having taken place
- Saying something that implicates you in court proceedings and detrimentally affects your case
- Delay in dealing with finances which has resulted in assets increasing in value over time from your own efforts, or you have come into money, both of which can be claimed by your ex if a final order has not been made
Cohabitation
There are several things to consider when you are thinking about moving in with someone. A family lawyer will talk you through the options available, such as drawing up a cohabitation agreement setting out what happens if the relationship breaks down. The cohabitation agreement can also cover who pays what and all the other legal minutiae that come with living with another person in a shared space.
Prenuptial and separation agreements
Entering into a prenuptial agreement before marrying helps protect both parties assets in the event of a future divorce. Conversely, although separation agreements largely deal with the same things as a prenup, it is entered into following the breakdown of the relationship. In many cases, the parties do not wish to divorce straightaway or have religious reasons for remaining married. A separation agreement allows the finances and arrangements concerning children to be dealt with.
Divorce, separation, and financial matters
If communication has broken down, then you might need a solicitor who can communicate with your ex in a professional and amicable way. Perhaps you have reached an agreement between you, but require a solicitor to implement the legalities of the agreement and explain the divorce process.
Typical specialities include:
- Separation of married and cohabiting couples, and those in a civil partnership
- Divorce of married couples and dissolution of civil partnerships
- Aspects of financial dispute on separation or divorce from negotiation to obtaining a consent order ensuring the financial settlement is legally binding.
Children matters
It is not uncommon for separation and divorce to lead to disputes regarding children. This may include:
- Private law matters such as where the children will live/who they will live with; specific issues, such as where the children will go to school; prohibited steps – preventing an ex from changing a child’s surname or moving out of the country; parental responsibility applications; and special guardianship orders
- Public law matters such as applications by local authorities for care orders, supervision orders, emergency protection orders, applications for contact to children in care, and representing parents or other carers at conferences and meetings with social services
A family solicitor may also help grandparents make an application for contact to their grandchildren. Such conflicts are not easily resolved, especially if the relationship with the child’s parents is damaged. Because grandparents do not have an automatic right to have contact with their grandchildren, they must apply to court for permission to be given the go-ahead to apply for a contact order. This adds a further layer of complexity which family solicitors are used to dealing with.
TOLATA applications
This is not strictly family law, but is commonly dealt with by family solicitors because it concerns applications by cohabitees or former cohabitees who are not able to agree how the equity in a property they have been living in together should be shared. TOLATA refers to the act used to make the application, specifically Section 14 of the Trusts of Land and Appointment of Trustees Act 1996. This gives the court power to declare the nature of a person’s interest in property and impose a fair solution based on the couple’s dealings with it. This is a complex area of law, where specialist advice should be taken.
Domestic violence and injunction proceedings
A family law solicitor can help with the legal arrangements to keep you and your children safe including obtaining court injunctions such as an occupation order or a non-molestation order. The law does not take any form of domestic abuse lightly, so if you or your children are experiencing any form of domestic abuse or coercive control, you should speak up and seek legal advice.
Family wills
It is sensible to create a will to ensure that your property, finances, and belongings are distributed where you wish them to go when you die. If you have children, a will is essential, so guardianship arrangements can be made if both parents die together. Most family solicitors in law firms will be able to offer advice in this regard, but are likely to pass you on to their probate department if your circumstances are more complex and require estate and tax planning.
Alternative dispute resolution
Agreeing a way forward with your ex-partner will be less stressful and expensive than going through court proceedings. A family law solicitor who is a trained collaborative lawyer or mediator can help you negotiate a way through the dispute, whether it is regarding the finances, concerning the children, or in any of the areas discussed above.
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The information on this website is to be considered a guide and is therefore not legal advice. You use this information with the understanding that Wiselaw does not accept liability for any direct or indirect losses as a result of anyone relying on or acting upon the information on this website. Whilst we endeavour to provide accurate information, Wiselaw does not accept liability for any errors or omissions on this website.
