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Areas we specialise in

Advice is given and representation at Court is provided in the following areas:-

1. Divorce or Legal Separation
2. Children Act Matters
3. Finances in Divorce
4. Civil Partnerships and Unmarried Couples
5. Inheritance (Provision for Family and Dependants) Act 1975

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We understand that the decision to divorce or separate is never taken lightly, we aim therefore to deal with such cases both tactfully and with compassion.

Advice is given and representation at Court is provided in the following areas:-

When the marriage breaks down irretrievably - Divorce or Legal Separation where appropriate.

1. Residence Orders (“custody” no longer exists)
2. Contact Matters (“access” no longer exists)
3. Parental Responsibility, as a father - if you are not married to the mother of your child you may not have parental rights, duties and responsibilities to your child.
   
   

1. Transfer or sale of the family home.
2. Contact Matters (“access” no longer exists)
3. Other capital assets - e.g. holiday homes, business interest, partnerships, narrowboats!
4. Pension Sharing - can you claim a share of your spouse’s pension? How is this share determined? Should it be income for life or a one off capital payment?
5. Clean break Order or ongoing maintenance until death or remarriage or a definite date.
   
   

Tracy Starr

Cases involving couples who are married or who have formed a Civil Partnership (i.e. same sex couples) are dealt with under the Family Proceedings Rules. These rules afford the Court a wide discretion in deciding the outcome of each case.

Cases involving unmarried couples, however, are dealt with under the Civil Procedure Rules, a totally different Court procedural system with different factors to consider. The concept of “Common law husband and wife” does not exist in the Law at present.

Inheritance (Provision For Family and Dependants) Act 1975 claims: These amount to a claim made either by a spouse, ex-spouse (or Civil Partner) or partner (unmarried) or a child or other dependant of a person who has died where the Deceased has failed to make adequate financial provision for the claimant. The time limit for lodging such claims is very strict.

Contact us for more information...