Family Law
Family breakdown
Sometimes there are tough decisions to be made and we will help you through that. As members of Resolution members (formerly the Solicitors Family Law Association) we are committed to negotiating a fair settlement for our clients. However if no other route will ensure a just settlement we will put your case forcefully before the court.
Our clients come from all backgrounds from those with substantial assets to those with limited resources but no matter your situation you will receive personal service that aims to meet your individual needs and circumstances.
Family law often requires an immediate response and we aim to be there when you need us offering a cool head and practical advice on how to cope with problems and resolve them.
Solving family law problems often involves many other aspects of the law and our family team works closely with other departments in the firm to offer advice on company law, trusts and tax issues.
When advising on family breakdown or preparation for family life the Stock Fraser Cukier family team looks to offer solid advice with an empathetic ear.
- Prenuptial, civil partnership and cohabitation agreements
- Divorce
- Financial Issues
- Children
- Unmarried couples
Prenuptial, civil partnership and cohabitation agreements
Nowadays more people are preparing for married life or to live with a partner by organising their legal and financial affairs on a formal basis. At Stock Fraser Cukier we have experience in drafting and advising on pre-nuptial and cohabitation agreements.
No one likes to imagine that their relationship will break up but a written agreement can ensure that you, your partner and your families know your rights and obligations towards each other.
Providing you have been married for one year you can apply to the court for your marriage to be dissolved.
The only legal ground for divorce is the marriage has irretrievably broken down. The person who starts the proceedings (the Petitioner) proves irretrievable breakdown by establishing one of the following five facts:
- your partner has committed adultery and you find it intolerable to live with him/her;
- unreasonable behaviour;
- desertion for a period of two years;
- two years separation and your partner agrees to the divorce;
- you have been separated from your partner for five years or more.
The vast majority of divorces are undefended and will normally take between 4-6 months from the filing of the petition for divorce until decree nisi which is the first stage of the divorce. The Petitioner then has to wait a for a period of 6 weeks before applying for decree absolute. It is not unusual to put off an application for decree absolute until finanical matters have been resolved.
Dissolving a Civil Partnership
If you are seeking to dissolve a civil partnership the process is very similar to that of divorce but adultory cannot be cited as a reason for the irretrievable breakdown of the relationship.
Whilst the legal formalities of getting a divorce are often relatively straightforward reaching a financial settlement with your partner can be more difficult. Any financial settlement is based on the full and frank disclosure of both partners' financial situations and most cases are settled through negotiations between solicitors. Often this is done in accordance with a court timetable which ensures that the case proceeds at a definite pace. Very few cases reach a final full hearing in front of a judge.
There is no specific formula for deciding how finanical matters will be resolved between you and your partner but certain factors have to be taken into account in reaching a fair settlement. These will include the financial situation and needs of both partners as well as the length of the marriage and the age of the parties. If there are children involved their welfare will be put at the fore of a settlement.
For anyone undergoing a separation or divorce the well being of any child caught up in the situation is often of the deepest concern. Whether it is the living arrangements for a child, contact with a non-resident parent or life choices for a child - we can help you reach an agreement with your partner or apply to the court for a decision.
Some child welfare issues are not as a result of divorce or separation and may involve extended family. These are often delicate situations which need to be approached with tact and confidence.
It is far from unusual for partners to live together as cohabitees. However your rights as a cohabitee are quite different to that of a married spouse. Although changes to the law have been discussed for many years, at present your rights in respect of property and assets are based on the law of contract and trusts which can be complex.
If you are buying a property together or moving into a property which is one of your sole names we recommend that you take advice on how best to set out each partner's rights in the property to safeguard both your interests.
We can also set out each partners rights and duties in respect to other assets or liabilities in a cohabitation agreement and the extent of your obligations to each other should you separate.
As a cohabitee you are not necessarily considered "next of kin" and you would not automatically inherit your partner's estate under the laws of intestacy (dying with no will in place). We therefore recommend that you make wills to ensure that provision is made for your partner and your family in the event of your death.
Children
When parents are unmarried a mother will have parental responsiblity for a child from birth but a father may not automatically have parental responsiblity especially if his name does not appear on the birth certificate. Fathers can nevertheless acquire parental responsibility with the mother's formal agreement, or by order of the court.
Whether or not a father has parental responsibility he will still be obilged to pay maintenance for his child. Additonally, if you are the parent caring for your child after separation you can also apply to the court for further financial provision (normally as a lump sum) from the other parent.
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To discuss any of the above matters contact Miriam Gitlin or Ian Baker