Supporting you through family legal matters and divorce
How can we help you?
FAMILY LAW
We understand that family matters can be emotionally challenging and require a delicate approach, so you need a team that you can trust to help you through this tough time. Â
Whether you’re seeking guidance on cohabitation agreements, pre-nuptial or post-nuptial agreements, or navigating the complexities of separation, divorce or dissolution of your civil partnership, financial settlements, or you are struggling to reach an agreement as to best care arrangements for your children; our dedicated team at AmciusLaw are here to listen, represent you and achieve the best possible outcomes. We have extensive experience in handling a wide range of family law issues and cases. We are skilled negotiators and are able to arrange representation in court if necessary.
Whatever your situation may be, we are here to provide the support and expertise you need during this critical time. Â
Our approach:  Â
We recognise that every family situation is unique, and we take the time to understand your specific needs and concerns.  Â
Our approach is centred around open communication and active collaboration, ensuring that with you are involved in the process every step of the way. We strive to achieve fair and favourable outcomes that protect your best interests and those of your loved ones. Â
How we help you
At AmicusLaw, we are proud to recognise the exceptional service of our Armed Forces and Blue Light Workers. To show our gratitude to those who work within these sectors, we are offering a 10% discount on all family legal services. This discount is available on our standard chargeable rates, with no minimum case value or cost required. Get in touch with our expert team today.Â
We offer a fixed fee initial consultation for £195 plus VAT (1 hour).Â
This includes a follow up client care letter containing our advice.
Please note that we also offer Legal Aid at AmicusLaw.
Helping you plan for the future
Cohabitation agreements are legal documents that set out the rights and obligations of unmarried couples who are living together. They can cover a wide range of issues, including finances, property, children, and pets.
Cohabitation agreements are not legally required, but they can be a very good idea to have, especially if you have a significant amount of assets or if you have children together. If you separate without a cohabitation agreement, it can be difficult and expensive to resolve any disputes that arise.
What can a cohabitation agreement cover?
Cohabitation agreements can cover a wide range of issues, including:
- Ownership of property:Â This can include the home you live in, as well as any other properties you own jointly.
- Finances:Â This can include your bank accounts, debts, and savings.
- Children:Â This can include child custody, child support, and access to children.
- Pets:Â This can include ownership of pets and who will be responsible for them in the event of a separation.
You can also include any other issues in your cohabitation agreement that are important to you.
Why should I get a cohabitation agreement?
There are a number of reasons why you might want to consider getting a cohabitation agreement:
- To protect your assets:Â If you have any significant assets, such as a home or savings, a cohabitation agreement can help to protect you from losing them in the event of a separation.
- To avoid disputes:Â If you separate without a cohabitation agreement, it can be difficult and expensive to resolve any disputes that arise. A cohabitation agreement can help to avoid this by setting out your rights and obligations in advance.
- To provide certainty:Â A cohabitation agreement can provide you with certainty about what will happen if your relationship breaks down. This can give you peace of mind and allow you to focus on your relationship.
A pre-nuptial agreement, also known as a prenup, is a legal contract that two people sign before they get married. It sets out how their assets and finances will be divided if they get divorced.
Pre-nups are not legally required in the UK, but they can be a very good idea to have, especially if you have a significant amount of assets or if you have children from a previous relationship.
What can a pre-nuptial agreement cover?
Pre-nuptial agreements can cover a wide range of issues, including:
- Ownership of property: This can include the home you live in, as well as any other properties you own jointly.
- Finances: This can include your bank accounts, debts, and savings.
- Business interests: If you or your partner own a business, a pre-nup can help to protect your business interests in the event of a divorce.
- Inheritance: If you or your partner expect to inherit a significant amount of money, a pre-nup can help to ensure that this inheritance is protected in the event of a divorce.
Why should I get a pre-nuptial agreement?
There are a number of reasons why you might want to consider getting a pre-nuptial agreement:
To protect your assets: If you have any significant assets, such as a home or savings, a pre-nup can help to protect you from losing them in the event of a divorce.
To avoid disputes: If you separate without a pre-nuptial agreement, it can be difficult and expensive to resolve any disputes that arise. A pre-nup can help to avoid this by setting out your rights and obligations in advance.
To provide certainty: A pre-nuptial agreement can provide you with certainty about what will happen if your relationship breaks down. This can give you peace of mind and allow you to focus on your marriage.
A post-nuptial agreement works similarly to a pre-nuptial agreement with the exception that it takes place after the marriage.
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A separation agreement is a written contract between two people who are separating or divorcing. It sets out the terms of their separation, including how they will divide their assets, finances, and childcare responsibilities.
Separation agreements are not legally required, but they can be a very good idea to have. They can help to avoid disputes and make the separation process easier and less stressful for everyone involved.
What can a separation agreement cover?
Separation agreements can cover a wide range of issues, including:
- Division of assets and debts:Â This can include the home you live in, as well as any other properties, vehicles, and savings you have jointly.
- Child custody and support:Â This includes who the children will live with and how much child support will be paid.
- Other issues:Â This could include things like pet ownership, life insurance, and healthcare coverage.
You can include any other issues in your separation agreement that are important to you.
Why should I get a separation agreement?
There are a number of reasons why you might want to consider getting a separation agreement:
- To avoid disputes:Â If you separate without a separation agreement, it can be difficult and expensive to resolve any disputes that arise. A separation agreement can help to avoid this by setting out your rights and obligations in advance.
- To protect your interests:Â A separation agreement can help to protect your financial interests and your parental rights.
- To provide certainty:Â A separation agreement can provide you with certainty about what will happen after you separate. This can give you peace of mind and allow you to focus on moving forward with your life.
Although the breakdown of a relationship can be one of life’s most difficult experiences, the divorce process itself can be reasonably concise and dignified if handled by an expert divorce solicitor.
Recent changes in legislation have resulted in one of the biggest shake-ups in divorce law, most notably the introduction of no-fault divorce.
With a no-fault divorce or dissolution, you don’t need to apportion blame to one spouse or civil partner such as unreasonable behaviour or adultery, or wait to have been separated for at least 2 years. Under the new law, one party (or both parties in some cases) simply needs to state that the marriage or civil partnership has come to an end.
Divorce or dissolution is now an online process from the issue of the Application to the Final Order when the divorce or dissolution becomes final. It is unlikely that you will need to attend Court as this is only required in exceptional circumstances.
Divorcing parties are now given the option of issuing either sole applications, where the person making the application becomes the Applicant and the other the Respondent, or joint applications where the parties are Applicant 1 and Applicant 2 respectively.
Divorce or dissolution is the legal process of ending your marriage or civil partnership; financial matters, such as distributing property and assets, or sorting out contact arrangements for your children, are not automatically triggered by this process. It is important that you take legal advice in relation to these separate (but often concurrent) issues.
The process of divorce or dissolution is sensitive and one of the most difficult things you will have to deal with. At AmicusLaw, our expert team will be in your corner, helping to protect your interests and those of your children.
On divorce or the dissolution of a civil partnership, the law allows each party to claim various types of financial relief from the other.
The financial claims do not end upon Final Order, and remain live until dismissed by way of a separate court order. If an agreement is reached between the parties, the terms of that agreement can be reflected in a consent order which is sent to the court for approval.
If an agreement cannot be reached without the assistance of the court, either party can make an application to the court for a financial remedy order.
The Orders available are:
Interim Spousal Periodical Payments
This is where one party is ordered to pay income to the other party on a regular basis e.g. monthly until either the divorce has been concluded or a financial settlement has been reached.
Such applications are usually made on an urgent basis and consideration needs to be given to whether the applicant has any other resources upon which they can rely before such a claim is made.
Spousal Periodical Payments Order (also known as a Maintenance Order)Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â
A dependent party may be entitled to regular income payments for themselves in addition to any child maintenance they may receive. Whether this is appropriate will depend upon all of the circumstances of the case and in particular the parties’ respective resources and reasonable needs.
Lump Sum(s) Order
This is where one party is ordered to pay the other a lump sum or series of lump sums on or before a specified date.
Property Adjustment Order
This may include the sale of a property or could require one party to transfer all or part of an interest in property to the other party. The transfer can either be outright or subject to a Charge (like a mortgage) in favour of the transferring party.Â
In some cases it may be possible for a delayed transfer or sale of the family home to take place. The Order for this would specify their entitlement to a certain percentage or lump sum value of the property upon the occurrence of the first of a series of named events e.g. the recipient’s re-marriage or the youngest child of the family reaching the age of 18 or completing full time education.
Orders in relation to Pensions (including Pension Sharing and Pension Attachment Orders)
With Pension Sharing the Order directs that a proportion of the member’s Pension Fund should be transferred to the other party. It may be possible for the pension to remain with the same pension provider or you can choose an alternate scheme depending upon the rules of the member’s Pension Scheme.Â
Financial Settlements can be complicated but with the right Solicitor on your side you can rest assured that your interests are being protected through all of the formal steps.
The Court has a duty to consider whether there should be a clean break so that the assets are distributed in such a way as to ensure that each party is financially independent, and that one party is not required to make on-going spousal periodical payments to the other. A clean break also provides that neither party is able to return to the court to ask for other financial orders to be made as their claims have already been resolved.Â
Where a property is owned in joint names, the first step is to establish from the Title Deeds whether you hold it as joint tenants (where the property automatically passes to the other on death irrespective of any Will) or tenants in common (where you each own separate shares which will pass in accordance with the terms of your Will or Rules on Intestacy in the event of your death).
Where the property is held as joint tenants you will each be treated as owning an equal share regardless of unequal financial contributions towards its purchase or maintenance.
On separation, you can either agree to sell the property and share the net proceeds or transfer it to your partner with a payment being made by them to you in respect of your interest. AmicusLaw can help with this.
If you are not married just living in a property which is in the sole ownership of your partner will not automatically entitle you to a share of that property regardless of how long you have lived together or whether you have children.
An application to Court can be complicated and expensive and if possible, every attempt should be made to reach an agreement. At AmicusLaw we can advise you in relation to this complex area, explain your options and support, guide and represent you through negotiations and ultimately, if necessary, through Court proceedings.
Where you and your partner or spouse have children together, the law is helpful, as the one who has day to day care of the child/children can apply to the Child Maintenance Service (or CMS) for maintenance.
We understand that when you separate it can be an emotional time and the most important issue to any parent will be the care of your children. It can be hard to amicably work out your childcare arrangements, especially when you may disagree on how these arrangements should look.
Ideally you will be able to put your care arrangements into place informally with the help of a parenting plan which will provide certainty as to how contact arrangements will be.
If you have concerns about the other parent or their care of the children it is important to take proper legal advice to ensure you are acting in the best interests of the children.
In some circumstances it may be necessary to make an application to Court. The Court can help you both come to an agreement as to how child arrangements should be or provide protective measures. AmicusLaw can guide you through this process and make the necessary application to the court and arrange representation for you at any hearings.
There is no one right answer or template as to the right way to share care of your children, and this is where our experts at AmicusLaw are able to assist. We are able to offer support and advice to parents in need of guidance. Â
Please contact our Family Team for more information on 01823 288121 or email info@amicuslaw.co.uk
meet Our Family Law Team
Emma Jones
Family Paralegal
Lev Boreiko
Associate Chartered Legal Executive ＆ Head of Family Department
Angela Luxton
Solicitor
Sophie Holloway
Family Executive
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