Family law
The Family Law department at Bramhall Solicitors has developed a strong reputation for confident assistance in a wide range of matters including;
- Divorce and Separation
- Pre-nuptial and Separation Agreements
- Breakdown of Civil Partnerships
- Financial settlement
We recognise that where marriage breakdown and other family issues are involved our clients will require not only the highest quality legal advice but, also, a great deal of emotional support. Our aim will be to provide you with that support in a way that will help you through your situation with the minimum of trauma and stress.
We practice within the Law Society’s Family Law Protocol and those of “Resolution” which means we will seek to resolve disputes in a non-confrontational manner wherever possible.
Whilst we work towards settling disputes by negotiation with the aim of keeping legal costs to a minimum we will always litigate aggressively if and when needed. If it does become necessary to go to Court, we will ensure that you are guided through the litigation process in a way which maximises your chances of achieving a successful outcome.
From the outset you will be looked after by a Partner in the practice who will maintain a close link with you until the conclusion of the case.
When can I get divorced?
You cannot issue proceedings until you have been married for at least one year. The ground for divorce is always the irretrievable breakdown of the marriage. There are 5 alternative facts that can be used to establish that ground, the most common being two year separation with consent, adultery and behaviour.
If both parties agree that the marriage is over, then the process can take between 4-6 months. The negotiation in respect of the division of assets can however take much longer.
Will the Court interfere with agreed arrangements in respect of our children?
The legal system promotes a no order principle, so if the parents can agree the arrangements for where the children will live and when they will see the parent with whom they are not living then the court will generally not interfere.
If the breakdown of the marriage is my fault/my decision will I be penalised in the financial settlement?
Generally no, but conduct can be relevant in exceptional circumstances.
How will I cope financially now that my spouse has left me and I don’t work?
Generally a non-working spouse will have rights in respect of maintenance from the working spouse, and an application to the court for maintenance can be made.
Can my spouse force me to leave the family home?
No, not without a court order.
I have left the family home, can I return?
Yes, unless there is a court order preventing your return.
What happens if my partner is preventing me from seeing the children, can I do anything?
Yes, you can apply to the court for a contact order.
Is a pre-nuptial agreement a legal document?
Yes, but see below ‘Are the courts bound by a pre-nuptial agreement?’
Are the courts bound by a pre-nuptial agreement?
No, but it can be an important circumstance which the court can take into account in considering the division of assets on the breakdown of the marriage.
My partner wants me to sign documents, what should I do?
Don’t sign anything unless you have taken your own legal advice, don’t rely on what your partner says.
My spouse is violent what can I do?
You can apply to the court for protection, to stop your partner coming anywhere near you or contacting you directly (on the telephone) or indirectly (by letter or through a third person). You could even ask the court to remove your violent spouse from your home and prevent them from returning.
My ex is moving hundreds of miles away with our children, what can I do?
You can apply to the court for a prohibited steps order, preventing them from taking the children. What the court decides depends on the individual circumstances.
My partner and I are not married, do I have any rights?
Unlike a married person or someone in a civil partnership you do not have any entitlement to maintenance from your partner, or to share in your partners assets. There is no current legal framework for people who live together although this area of law is under review.