| Also see: Mental
Health
GUIDE TO THE FAMILY
DEPARTMENT
Our Family Team includes members of Resolution and the Law
Society Family Panel. We are committed to helping clients
resolve matters following the breakdown of their relationship
and other family problems as amicably and effectively as
possible.
We have a Legal Services Commission franchise for dealing
with family work and dependant on your financial circumstances
you may be entitled to Community Legal Services Public Funding
under the Legal Help Scheme or under a full Public Funding
Certificate.
Click here to read more about the Family Team from a
printable file.
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DIVORCE AND FINANCIAL
ISSUES
In general terms, divorce is only possible if your marriage
has irretrievably broken down due to one of the following
reasons.
- Adultery
- Unreasonable behaviour
- Desertion
- Two years separation if you both agree
- Five years separation without consent
The financial implications of the divorce or relationship
breakdown can cause concerns. Our lawyers are experienced in
dealing with all types of financial resolutions.
We can advise you in connection with agreements made in
mediation or we can negotiate a settlement on your behalf or
represent you in Court proceedings.
We can advise you on the division of matrimonial assets,
maintenance payments and also in connection with pensions.
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CHILDREN
We have extensive experience in dealing with matters
relating to children, whether it be where they live
(residence), your legal rights towards your children (parental
responsibility) or ensuring that you stay in touch with your
children (contact) after the breakdown of your relationship.
Whether you are a parent, step-parent or grandparent or a
person concerned about a child, we can help you negotiate a
settlement or refer you to mediation and if necessary
represent you and guide you through the Court process.
We can also assist parents and grandparents if they are
involved in Social Services and need to be represented at
meetings or in Court if they are care proceedings.
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COLLABORATION
The breakdown of a relationship is never easy and divorce
or separation can be a challenging process. Confrontation over
the terms of the separation will make things even more
difficult.
If you are looking for an approach that avoids going
through the courts, then collaborative law may be the right
process for you. The principles of collaborative law are
fundamentally different from the traditional court litigation
based approach.
The collaborative law process is based on open, honest and
dignified discussions. Each client is supported by their own
trained collaborative lawyer. The clients and their lawyers
work together in a series of meetings without the threat of
court proceedings, to find a fair and mutually acceptable
solution specifically tailored to the needs of their family.
Click here to read more about Collaboration Law from a
printable file.
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THE UNMARRIED FAMILY
An increasingly large number of partners choose not to
marry. We can advise you how to protect your respective
property and in the event of your relationship breaking down
we can advise and represent you in connection with the
distribution of assets.
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DOMESTIC VIOLENCE
If you are in fear of a partner or fear for the safety of
your children, we can provide supportive legal advice and put
you in touch with organisations who can assist you. If
necessary we can make an application to the Court for Orders
to protect you and your family.
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DISSOLUTION UNDER
CIVIL PARTNERSHIPS
The Civil Partnership Act 2004 came into force on the 5th
December 2005. This enabled same-sex couples to obtain legal
recognition of their relationship. Couples who form a Civil
Partnership have a new legal status that of “Civil Partner”.
Civil Partners have equal treatment in a wide range of legal
matters with married couples.
Dissolution is the term used to describe the termination of a
civil partnership and is a procedure similar to divorce. To get
dissolution you must have been in a civil partnership for more
than a year.
We can help you by filing the Petition giving the reason why
you are applying to end your civil partnership. We can also
advise you in respect of financial and property matters arising
from your relationship and in relation to any children of the
family
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MEDIATION
Mediation is a means of resolving all kinds of family
issues and also a way for parties in a divorce or for
cohabitees to resolve financial issues and problems relating
to their children.
We can advise you on the advantages of mediation and refer
you to an independent mediator. If an agreement is reached we
can advise you on the implications of the agreement and if
necessary make an application to the Court for the agreement
to be made into a Court Order.
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CHANGE OF NAME FOR
CHILDREN
Should you wish to change your child’s name for example if
you remarry or have other children, it may be possible to
prepare a Change of Name Deed.
Where only one parent has Parental Responsibility for a
child, that person can lawfully change the child’s name. Where
two or more people have Parental Responsibility for the child,
one of them can change the child’s name if all the others agree.
If there is a Residence Order in force, a child’s name cannot
be changed without the written agreement of anyone else who has
Parental Responsibility or the permission of the Court.
We can help and advise you about the arrangements necessary
to change your child’s name prepare the documentation required.
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