Family Matters

Our team of highly trained family specialists are always prepared to act on your behalf in a range of family issues including:

• Divorce / High Net Divorce
• Separation Agreement
• Financial Settlements
• Annulments
• Child Arrangement Orders & Child maintenance
• Civil Partnership & Same sex marriages
• Prenuptial and Post Nuptial Agreement
• Domestic Violence
• Non Molestation and Occupation orders

Our family solicitors possess a wealth of family legal knowledge and we have built a strong reputation in this sector. With family Law being a very sensitive complex area of Law, our specialist legal team is here to guide you through every step of the way. Whatever your legal issue maybe we have dealt with it before. We provide full support to our clients, and are very sympathetic in terms of dealing with all family issues, ensuring professional competent advice is always given from start to finish. At Renaissance Solicitors, our team of solicitors treat each case with the utmost care and sensitivity to ensure the best outcome for you.

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 may be 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.

• 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

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

• 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. 

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.

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.

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.

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.

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.

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

For initial advice, a quotation or to arrange a meeting with one of our conveyancing solicitors, please contact us on  020 8521 1100.