FAMILY MATTERS

Children Matters

There may come a time following the breakdown of your relationship with you partner/ex-partner that you are having a disagreement in terms of who the children should spend time with and when, or who they ought to have contact with. At Renaissance Solicitors we assist in all matters relating the

From 22 April 2014 Child Arrangement Orders replaced, what was previously known as Residence Orders and Contact Orders under Section 8 orders of The Children Act 1989 as amended by the Children and Families Act 2014.

Who can make an application?

Certain categories of people that are entitled to make an application for a Child Arrangements Order include:

• parents or guardian of the children or each  person with Parental Responsibility,
• if they have lived with the children for three years within the last five years, and the application is made within three months
• If Child Arrangement Orders are in force, and consent is given by whom the children legally reside.
• Children are under the care of the Local Authority, and consent is given by the Local Authority

How can we help?

For further information on Child Arrangement Orders please call our team of highly trained lawyers can offer advice and assistance in relation to any matters in relation to childcare arrangements. We work together to settle any disputes which may arise relating to them, and always consider what is in the best interests of the children .

Divorce

Divorce is the legal process of the termination of a marriage. It is a very stressful and emotional time for anyone, and everybody involved. According to the Office of National Statistics (ONS) with 42% of marriages now ending in Divorce, a person is worried and overwhelmed by so many issues. You’re worried about your future, worried about your finances and most importantly your children. The Law in relation to divorce in the UK has developed over the years to reflect the attitudes we have towards Divorce in this day and age. The courts are now able to grant couples a divorce if the petitioner (person who is starting divorce) can establish one or more of the 5 grounds that are needed for a divorce to be granted as set out under S2 of The Matrimonial Causes Act 1973.

Perhaps you are you somebody that is thinking of starting proceedings against your partner? You maybe someone that is ending a long term marriage and feel you can no longer continue to it? Have you has been betrayed by your spouse in your marriage and felt cheated on? Or maybe you are somebody that has just received divorce petitions unexpectedly?

With so much to think through we are here to help you! It is fundamental that you obtain the best possible legal advice in order to ensure that your interests and legal rights are protected fairly during a period whilst your life, along with your personal circumstances, are going through a great change.

At Renaissance Solicitors we work very closely with you, and assist you at every step of the way. We pride ourselves in having family law specialists who understand that importance of establishing a personal working relationship with our clients, and Explaining to you the process of how the things, and answering any queries that you may have.

The divorce procedure breakdown

• Issue the petition court fee being £550
• Court sends petition to the respondent
• Respondent files and acknowledgment of service to petitioner
• Petitioner files statement in support of divorce and application for decree nisi if the divorce is undefended
• District Judge considers the petition
• If grounds are accepted, the petition gets listed in the Judges list for pronouncement of decree nisi.
• Petitioner can apply for a decree absolute after a minimum wait of 6 weeks
• Petitioner applies for decree absolute

What if the respondent fails to file an acknowledgment of service?

In this scenario the petitioner will need to arrange to have the documents personally served on the respondent. Alternatively, applications to the court can be made for other types of service

What if the petitioner fails to apply for a decree absolute?

• If the petitioner does not apply for a decree absolute, after 4.5 months the respondent can apply to the court for the decree absolute and a fee of £255 is payable.  
• A hearing will take place before a Judge for the decree absolute
• A decree absolute will not be granted until all financial matters are finalised.

Separation Agreements

You may be going through a point in your life where perhaps you no longer feel understood by your partner, or maybe you both feel you just need time apart to think things through, but divorce certainly isn’t an option.

A separation Agreement is seen an alternative to divorce. It is when couples decide it is best to live apart formally, but decides to divide the responsibilities for example in relation to the children, property, assets and so forth; yet wish to have their agreement set in writing.

We at Renaissance Solicitors provide professional and friendly advice to our clients, and to any couples that maybe wishing to seek this approach. We explain the advantages and disadvantages of a Separation Agreement including there being more room for compromise and conciliation, and to decide whether or not divorce is the best possible outcome for them.

With separation Agreements being a complicated area of Law, it is crucial one seeks legal advice to ensure that both parties agree to the outcome, and that both parties fairly adhere to it. We have experience in dealing with all kinds of separation agreements, and assist you in dealing with the whole process, in order to make it stress free for you as possible.

Financial Settlement

When it comes to being separated or divorced from your partner, it is a very stressful and difficult time. Apart from dealing with the emotional aspects of the breakdown of the relationship, one has to think about the financial implications as well, and any matters in relation to the division of any assets that you may own on your own or together with your partner.

Seeking legal advice is helpful as it’s not only a good way to know where you stand with your finances, but also to prevent costs rising in the future, should any issues arise as to the division of the finances following the breakdown of your relationship.

At Renaissance Solicitors our team of professional family lawyers have extensive experience dealing with low value cases to those that are worth high net. Thus, unless you have already negotiated the division of your possessions beforehand, when trying to reach a financial settlement, it is always best to consult a solicitor to talk through your options.

Our team of professional specialists always work towards reaching an outcome for our clients that is not only in their best interests but also fair. If we think an agreement isn’t proportionate, we are always prepared to go to the courts in order to protect your rights and interests. However, we always advocate mediation to reduce costs and ensure a quicker and less taxing process for our clients to reach an amicable agreement.

When reaching an agreement we take everything into account including the division of the matrimonial home, earning capacity of both parties, interests, investments, lifestyle and much more. Therefore, we decide each case on its own facts. Apart from dealing with straight forward cases, we have experience in dealing with parties having interests involved abroad as well.

What happens when I go to court?

Should both parties not be able to reach a settlement, then mediation is required which is now a mandatory requirement. Should this process fail we will then seek the assistance of the court to reach an agreement that is not only fair, but also realistic. When seeking the assistance of the courts the courts will then apply the principles under s25 Matrimonial Causes Act 1973.

What factors will the courts take into account when deciding a Financial Settlement?

The courts are likely to take everything into account including the age of the parties involved, your lifestyles and your standard of living, the duration of the marriage, your current earning capacity along with your future earning capacity, what you have contributed to the marriage and most importantly whether or not you have any children. These are just some of the few factors taken by the courts when deciding a fair and proportionate settlement.

How long do financial settlements take?

Once an application has been to the courts, there is no reason for it to be dragged for years. This is clearly time consuming and stressful for everyone involved including the both parties, lawyers and most importantly the courts. Once an application has been made estimated time is usually between 3-6 months. The courts set a strict timetable to ensure that the case is dealt with swiftly with the intention of keeping costs to a minimum.

Financial settlement procedure

Form A is file and served. This is the application to start the process requiring a £255 court fee. This is the application to start the court procedure. Either party to the divorce can make the application.

Court sets date for the first directions appointment (FDA). It also sets the date for the filing and exchanging of Form E (5 weeks before the hearing) and the exchange of other documents for the FDA (two weeks before the hearing).

Court sends Notice of First Appointment to both parties

Applicant sends a copy of Form A to the mortgage company

File and exchange Form E – 5 weeks before the FDA

FDA documents filed and served:

• Concise statement of issues
• Chorology of key facts and dates
• Questionnaires
• Form G – is it possible to combine the FDA and the FDR hearing?
• Agreed case summary and
• Draft directions order

Form H – estimates of costs files before the hearing

FDA at court can be combined with FDR appointment if both parties agree.

Court makes directions in order to determine the following:

• Which questions should be answered
• What valuations should be taken; and
• And what other expert evidence is needed

Prepare for FDR Hearing:

• Answer questionnaires;
• Obtain valuation/ expect evidence
• File proposals for settlement
• File costs statement

FDR Hearing

This is a without prejudice hearing at which point the judge will try to assist a settlement of financial issues. Statistically Most cases settle here or just after and the courts make a final order on the agreed terms if not ….

Preparation of final hearing

If there is no settlement at the FDR, the judge makes directions order and sets the case down for a final hearing. In advance of the hearing:

• Bundle of papers for the court will have to be prepared and filed
• Barristers will be briefed and may discuss matters in conference
• Open proposal for settlement will be filed and served
• Detailed costs estimates will have to be filed

Final Hearing - the court will listen to the evidence, grant orders and give reasons

Consent Orders

Once a couple have divorced and have agreed upon a financial agreement in terms of the division of their financial assets, they will then need to make the agreement binding.

A consent order is a legal document that confirms your agreement. It explains how you’re going to divide up assets like:

• money
• property
• savings
• investments

It can also include arrangements for maintenance payments, including child maintenance.

The order can be made as early as the Decree Nisi stage, and it shows the breakdown of many finances including capital, income, pensions, child maintenance and anything in relation to the matrimonial home.

It is always advantageous to have a consent order due to prevent any future claims being made against you.

At Renaissance Solicitors we assist our clients by heling reach an agreement if they have not reached one, or prepare the consent order document professionally if you have reached an agreement, which will then enable you to obtain the order from the court.

Asking the court for approval

You and your ex-partner both have to sign the draft consent order.

Both of you also need to fill in:

• a notice of an application for a financial order
• a statement of information form

Send these forms with your draft consent order to the court dealing with your paperwork to divorce or end your civil partnership. Keep your own copies.

A consent order costs £50.

Annulments

An annulment is another way of legally ending the marriage, without going through the formal procedure of a divorce. It is when the marriage is declared invalid, and it can no longer be continued.

What are the grounds - There are 2 grounds that need to be met in order for an annulment to be declared. Firstly, if the marriage is void, meaning it is as if it never existed. Secondly, if the marriage is voidable, which means that the marriage was valid up until the decree is declared.

A few of the reasons when an annulment can be granted include:

• for cultural/religious reasons,
• if you didn’t or can’t consummate the marriage,
• the parties are too close, a party
• was under the age 16 at the time of marriage,
• The respondent is a person whose gender at the time of the marriage had become the acquired gender under the Gender Recognition Act 2004 amongst many other reasons for marriage to be declared void or voidable. 

When do you apply for an annulment?

In order to apply for an annulment it needs to be made within 3 years of marriage, or 6 months from the date of the gender recognition certificate being issued.

How long does an application take, and what is the procedure?

If you meet the criteria for annulment, and both parties agree to it, it should take between six to eight months to process.

The procedure for annulment is by a “Nullity Petition” being sent to the courts. After which he courts then issue a “Decree of Nullity”, and once this has been pronounced, you will go back to the status you had before marriage as if the marriage never took place.

The procedure of obtaining an annulment is very complex. At Renaissance Solicitors we have a team of professional family solicitors that specialise in obtaining annulments for our clients. We assist you from the very outset guiding you every step of the way from start to finish. Our solicitors are widely experience when it comes to obtaining annulments, ensuring your matter is run as quickly as possible with minimal stress.

Pre-nuptial Agreements

A pre-nuptial (also known as a pre-nup) agreement is an agreement that is entered into before marriage. It sets out how the assets are to be divided if the marriage was to break down.

The benefit of having a prenuptial agreement in this day and age is it allows couples to a degree of control how of their assets are to be divided.

When making a pre- nup one needs to understand that although they are not legally binding they are recognised by the courts. For this reason there is a check list that needs to followed, that the courts will use as a guide, when analysing prenuptial agreements. Therefore, it is best to get one done by an expert. Furthermore, without obtaining legal assistance, you could potentially be putting your assets and your earnings at risk, in the event of a divorce or dissolution.

Post-nuptial Agreements

A post nuptial agreement (also known as a post-nup) is entered into by the parties after marriage, whilst the couple are still together, and allows them to plan how the assets are to be divided if the marriage was to breakdown or if one partner was to die.

Post-nuptial agreements are seen as being beneficial as they are used to protect ones assets, but can also be used to ensure that any children from a marriage or previous relationship have their inheritance protected.

The sorts of issues a post-nup may cover include:

• Business assets
• Division of home & other property
• Financial assets ( including  future assets and /or debts)
• Future inheritances and/ or income
• Investments, insurances or and pensions
• Maintenance agreement
• Personal and joint  property
• Wills and trusts (including specific property)

Most post-nups are legally binding, and is enforceable in the courts, if one of the parties breaches the agreement.

Why having a pre and post nuptial agreement is beneficial?

When you are in a relationship and things are going right one doesn’t think about what might happen if things were to go wrong in the future. You do however want to be practical and plan for all eventualities, to reduce potential future uncertainties and distress should your relationship break down

English courts are known for being subjective in family law matters, and so are unlikely to pass a favourable verdict in the event of a makeshift agreement. If certain procedures are not followed, then your partner could make a claim in the future that the agreement that you may have set up beforehand is invalid, thus leaving it up to the judges to decide how your assets are to be decided.

Why use Renaissance Solicitors?

Our specialist family law team can give you expert legal advice about pre- and post- nuptial agreements, prepare bespoke agreements for you and help and guide you through the processes which must be observed. We know every relationship is different and we make sure the agreement will suit your own circumstances.