Family law
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FAMILY LAW
There are indeed a number of headings that one can apply Family Law to, for example Divorce; Financial Remedy; Residence Contact Prohibited steps specific issue orders; Injunction proceedings; Trustee of Land Act applications where people are not married; Same sex marriages; Pre-Nuptial Agreements, all of which we can guide you through to enable you to have an agreement or an order to cover your needs.
We will just give you a little “heads up” in relation to some of these issues: –
Divorce
There have been major changes in Family Law Courts this year. First of all, the Court has gone online and secondly where you use to have to sign adultery; unreasonable behaviour; 2 years desertion; 2 years with consent or 5 years without consent as reason’s for the divorce, you now no longer have to do that. So a petition can be prepared on a no fault basis.
Financial Issues
In divorce proceedings, these must be resolved prior to a final order in relation to the divorce, being made. Such issues can relate to the matrimonial home; pensions; inheritance rights; income and capital provision. Basically, we refer you to mediation and if things cannot be agreed then we ask you to secure a MIAMS Form from the Mediator so allowing us to make a formal application to the court. In making that application there will be a period of 10 weeks to enable each of the parties to produce their financial disclosure and thereafter there will be a Directions Hearing should it be that one or both of the parties than that given are entitled to a little more disclosure.
Then it moves on to a Financial Dispute Resolution appointment, where each of the parties and their Legal Representatives attend Court with a view to try and negotiate a settlement. If this cannot be agreed, then there has to be a Final Hearing where all the parties have to attend and give evidence and the Judge will make the decision. In 99.9% of cases, we would advise that cases settle at the Financial Dispute Resolution appointment if not before. We emphasise to people the need for a clean break to avoid there being any comeback in the future and this can be done by obtaining a Consent Order through the Court. Failure to do so could result in future issues, especially in relation to inheritance.
Issues Relating to Children
First of all, there is a Residence Application where one of the parties seek sole custody of the child/children.
Contact
There will be a referral to mediation but if the parties cannot agree, then an application can be made to the Court. The Court will order a safeguarding report first of all and subject to the outcome of that, the District Judge will make a decision as to whether or not there is a need for Hearing or some alternative suggestions. The Courts are now more attracted to the parties finding their own way through things rather than being dictated to by a Court. However, there are always those cases where it is impossible for the parties to deal with it and therefore a Court has to assist.
Prohibited Steps Order
This might be used to keep one of the parties away from the child/children save for terms of contact. There has to be serious justifiable reasons before a Court will make such Order.
Specific Issue Order
Let us say for example that you want your child to go to School A and the other parent wants the child to go School B. This is something that the Court can decide.
TOLATA Application
This covers situations where parties are unmarried but living under the same roof. The Court can decide on the respective interests of the property based on evidence as to contributions between the parties; initial deposit on the property and the value of work done on the same.
This often can be fraught with arguments, and one has to balance the claim against the need to proceed to Court. Negotiation is far better, and this is something that we can do.
Pensions
We can help you obtain a Pension Sharing Order or a Pension Attachment Order if you have a claim on your respective spouses’ pension. People tend to think that this is not attractive enough because of course you can’t have money “up front” so to speak. However, it would be something essential when you come to retire because the State Pension is already negligible and who knows what could happen with government cutbacks. We are able to steer you through this application and make life easier in the long run.
Costs
It is always difficult to give an accurate estimate because each case differs from another. In cases of divorce, we would guesstimate in the region of £850 plus VAT plus Court Filing fee.
In those cases, relating to finance then uncontested, approximately £850 plus VAT plus Court Filing fee. In contested cases, costs can be anywhere between £1,500 to ££5,000 dependent on the circumstances of the case. In matters involving children, then if terms can be agreed then say £850 plus VAT. If matters can’t be agreed, then costs can be anywhere between £1,500-£4,000 plus a Court Filing fee.
None of these figures can be written in stone because each case differs but they are guidelines.
Carol McGuire is the person who Practices Family Law and having been in such a field for the best part of 40 years plus, she has the experience to direct you in a more positive way
We nolonger do offer a free half hour interview, but any time spent after that will be charged for at the hourly rate of £250. If you decide that you are going to instruct us and this is something you would need to do half way through the meeting, then we would give you the first 30 minutes free and take instructions on which applications you wish to make.
It is always difficult to give an accurate estimate because each case differs from another. In cases of divorce, we would guesstimate in the region of £850 plus VAT plus Court Filing fee.
In those cases, relating to finance then uncontested, approximately £850 plus VAT plus Court Filing fee. In contested cases, costs can be anywhere between £1,500 to ££5,000 dependent on the circumstances of the case. In matters involving children, then if terms can be agreed then say £850 plus VAT. If matters can’t be agreed, then costs can be anywhere between £1,500-£4,000 plus a Court Filing fee.
None of these figures can be written in stone because each case differs but they are guidelines.
Carol McGuire is the person who Practices Family Law and having been in such a field for the best part of 40 years plus, she has the experience to direct you in a more positive way.
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