FAMILY LAW

Our professional and helpful team can help you personally with Family Law

 

When facing a stressful family break up, custody battle or emotional family situation, it’s vital to have an experienced family legal team on your side. Jarmans Solicitors have a family legal team with decades of experience in mediating and resolving disputes through our friendly, understanding, and approachable Famliy Law Service.

 

Jarmans believe in being open and honest with our clients throughout their time with us and offer a fixed fee first interview to enable you to discuss your case in detail. Once we understand your case and circumstances, we will then follow up with a letter which includes your instructions, a proposed plan of action, and an estimate of the costs for your action.

 

We offer a free, 15 minute, prebookable phone call with one of our experienced family law team.

Alternatively, we offer a fixed £99 fee for a 45 minute meeting with one of our highly experienced family solicitors.

If you would like some confidential advice about a family legal issue, contact us today to book a meeting.

 

Dissolving a Civil Partnership

Civil Partnerships provide same sex couples with the most of the rights that married couples enjoy. This means that registered couples in a civil partnership receive the following rights:

• They are obliged to financially support each other and the children of the family

• They are obliged to pay child support

• Parties in Civil Partnerships are protected from domestic violence

• There is an exception on Inheritance Tax on property passed between partners

• The partnership is recognised under inheritance and testacy rules

• Entitlement to pass on bereavement benefits and benefits from occupational pensions to the surviving partners

• Access to fatal accident compensation

 

Should a Civil Partnership break down there will have to be a formal dissolution process through the courts. This process is very similar to divorce proceedings.

 

Co-habitation Rights

When you’re building a home with someone, the last thing you want to think about is a potential break up. However, at the start of the relationship, it’s best to come to an agreement about what should happen if you end up separating. Unmarried couples aren’t protected in the same way that couples who are married or in civil partnerships are, so it’s important to address potential legal and financial problems before they happen. Even if a relationship is considered one that is long-term, in the eyes of the law there is no such thing as a ‘commonlaw husband/wife’. This means that should a break up or death occur, legal and financial affairs related to children, mortgages, and other finances such as pensions and savings could suddenly become extremely important.

 

Creating a ‘living together agreement’ means that each of you is protected should any eventualities arise. Jarmans offers an affordable, understanding and approachable service which will help you both to create a document that embraces both of your wishes.

 

Should you be in a relationship that has broken down without a living together agreement, we are happy to work with you and advise you of the best course of action to ensure that your split is as amicable as possible.

 

Domestic Violence

If you are experiencing or have experienced domestic violence there are a number of routes that you can take to protect your safety.

Non-Molestation Order

These are commonly put in place to protect you and your children from harassment, violence, or threatened violence by a spouse, civil partner or partner.

Occupation Order

Enables you to have occupation of your home at the exclusion of your spouse, partner or civil partner.

 

To apply for either of these orders under the Family Law Act 1996, you must be able to prove one of the following:

• You must have been or be married to each other;

• You must be or have been civil partners of each other;

• You are or have been cohabitants;

• You have lived in the same households other than as tenants, lodgers, boarders or one being the employee of the other;

• You are related;

• You have formerly agreed to be married (are engaged), or enter into a civil partnership;

• You have entered into a civil partnership agreement;

• You have or have had an intimate personal relationship with each other which is or was of significant duration;

• You are both parents of the same child or have parental responsibility over the child;

• You are both involved in Family Court Proceedings together

 

If a Non-Molestation order is broken the Police have the right to arrest the perpetrator and charge them with a criminal offence.

An Occupation Order can also carry the power of arrest if it is broken and an ex-spouse/partner can be arrested even if they haven’t committed a criminal offence.

 

If you are worried that you may be living with domestic violence, we offer a free 15 minute advisory service which is pre-bookable so you can find a safe space to speak.

 

Pre and Post Nups

A couple can decide to regulate what would happen to their properties and finances should they divorce. If they decide this before they get married it’s called a Prenuptial Agreement. If they have already entered a marriage or civil partnership it is called a Postnuptial Agreement.

 

In recent years, nuptial agreements have gained increasing significance and are now considered legal in many European countries as well as USA, South Africa, Canada, and New Zealand.

While they still aren’t enforceable in UK courts, Judges are now far more likely to consider well prepared and written nuptial agreements that have been signed in the right circumstances.

 

Child Law

Break ups and divorces can have a lasting impact on children and it is vital that they understand what is happening and how they may be affected. Reducing the amount of friction between parents during a separation can make it less upsetting for any children or young people involved.

 

Our experienced family law team can help to mediate, advise and represent parental and interested parties, ensuring that Child Law matters are met and that the children involved are considered and communicated with.

 

Case Study:

A 16 year marriage, two children. The parties separated after eight years and entered into a Deed of Separation in 2010. The wife as per the Deed of Separation was due to pay a lump sum payment of £25,000 upon the youngest child of the family attaining the age of 18 years, however the father failed to pay child maintenance for a number of years equating to the sum of £33,000. The husband failed to attend all of the Court hearings and the District Judge ordered that the Deed of Separation made between the Applicant and the Respondent be varied to extinguish the beneficial interest of the Respondent in the family home. The Court also ordered a clean break on capital.

 

Testimonial for Family Law

“l recently started using Jarmans to handle my divorce mainly because of their reputation.

This is quite a stressful time and I was made to feel at ease with Gordon Johnson who is handling my case. l was given clear and straightforward advice and information as to what I needed to do and where to proceed next.

Any time I needed advice, had a question or booked an appointment it was dealt with speedily, on the same day in most cases.

l would recommend Jarmans to anyone needing legal advice and cannot fault their professional approach to matters in hand”.

NEED HELP?

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