Family Issues
Our Family Department is well established in Coventry. We provide a professional quality service for all of our clients. We appreciate this may be an extremely stressful and often emotional time for our clients. It is therefore important to us that you feel confident and able to discuss matters with us. Should you choose to instruct us you will receive accurate, sensible and straightforward advice to assist you with your particular problem.
Funding
On the breakdown of a marriage or relationship money is often limited and therefore it is important at the outset to understand how legal fees are accrued and how they can be discharged.
At Band Hatton we aim to be understanding to our clients needs and to discuss as accurately as possible potential cost implications. At an initial interview costs will be discussed. Because costs are often dependent upon the action taken, we may be able to offer a standing order system to enable costs to be met on a monthly basis, and we offer the ability to pay accounts by way of credit cards.
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Change of Name Deeds
Frequently parties when they have divorced or separated from a partner decide that they wish to revert to their maiden name or change their name. We are able to prepare a Change of Name Deed for you at a minimal cost of £75 plus VAT.
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Children
When relationships breakdown there are frequently arguments and disagreements in relation to the children of that relationship. Most parents want the best for their children, but have difficulties in communicating with their former partners and have differing views in relation to the best steps to take to benefit their children.
The less acrimony there is between parents the better children can cope with the breakdown of their parents' relationship.
Often parents need advice in relation to the way in which they should deal with issues surrounding their children and we aim to provide sensible and sensitive responses to those queries and questions.
Frequently similar questions are asked and we have prepared a guide in relation to some of those queries. This is not intended to be in place of advice tailored to your individual needs but may be of some assistance and guidance.
On separating from your spouse there are often financial considerations to be worked out and agreed.
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Civil Partnership and Pre-Registration Agreements
The Civil Partnership Act came in force in the UK on 5th December 2005 with Civil Partnerships being capable of registration here on the 21st December of that year.
The Act accords to same sex relationships effectively all the rights, responsibilities, benefits and advantages of civil marriage save the name and thereby removes the legal, social and economic disadvantages previously suffered by same sex couples who wish to engage in long term relationships.
There are legal consequences that flow from the formation of a Civil Partnership as well as on the breakdown of that relationship. Parties considering entering into a Civil Partnership may also be well advised to give consideration to a pre-registration agreement which would regulate how their assets are to be divided in the event of a relationship breakdown. Pre-registration agreements are similar in nature to a married couples pre-nuptial agreement.
We are able to provide advice and guidance in relation to the termination of civil partnerships and advise upon the adjustment of assets held by the parties as a consequence of the dissolution.
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Cohabitee Disputes / Agreements
More and more often, people set up home together without giving any thought to what will happen if the relationship breaks down.
The law relating to co-habitation can be unclear. If legal advice is sought from experienced lawyers at the start of a relationship then it is frequently possible to draw up a co-habitation agreement or trust deed relating to property, which sets out your intentions at the commencement of your relationship, and which as a consequence helps to reduce difficulties and areas of contention in the future should the relationship come to an end.
Frequently questions are asked in relation to how property should be distributed upon separation and we have prepared a list of some of the most common questions. However, this should not replace tailored advice by a qualified family lawyer, as this is a particularly complicated area.
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Collaborative Family Law
Collaborative Family Law is a relatively new form of alternative dispute resolution, which is now becoming more widely available in the UK for any sort of relationship dispute.
Both Dawn Mobbs and Tracy Cross have trained as Collaborative Family Lawyers in order to offer this service in addition to the more usual practice of traditional family law. Because this is a form of alternative dispute resolution, the whole approach is far less adversarial in nature - making for a more positive experience for all involved in the process.
Each party is represented by a trained collaborative lawyer, and a contract to collaborate is signed. This means an agreement not to go to court. If the process does break down for whatever reason, then each party must start with a new lawyer. This is a huge incentive once in this process to see it through and find a resolution. The process is driven by you - rather than by the lawyers or the court. As a result you feel more in control of the outcome, with the lawyers providing advice and acting as guides.
The emphasis of the collaborative process is that there must be respect, honesty and openness with each other throughout the process. By dealing with matters in this way, the whole process should be quicker, less emotionally painful and stressful, and cheaper than the traditional litigation based approach.
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Divorce and Separation
Relationships frequently breakdown and you may be seeking to dissolve the marriage or to obtain a decree of judicial separation.
Questions frequently arise in relation to divorce proceedings including common questions such as "When can I apply, How do I get a divorce and How long will it take?"
We have prepared "A guide to Divorce Proceedings" which answers some of those questions. This may give some guidance but should not replace advice from a qualified Family Lawyer who will tailor the advice given to your specific circumstances.
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Financial Settlements
A financial settlement can be reached within divorce proceedings or judicial separation proceedings. Alternatively, a deed of separation which reflects the date of separation and the parties intention to divorce in 2 years time will set out the financial agreements reached at the time of separation, which are then put into effect.
When considering financial matters between parties, the first step is always to seek full and frank disclosure of both parties financial circumstances. It is extremely important that we have an understanding which is accurate of the financial circumstances of both parties. Once that information has been received we look to advise and negotiate a sensible settlement taking into account various factors.
We have put together "A Guide to Financial Matters" which sets out the types of Orders that the Court can make and some of the options and considerations that the Court may take into account. However, because this area has to be tailored to an individual's needs and assets it is not possible to give a general answer in each case. Advice should be sought from qualified family lawyers to tailor the information specifically to your needs.
At Band Hatton we have a strong team who specialise in financial matters and who will be happy to assist in negotiating financial settlements.
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Personal Protection
Sadly there are times when a person may find themselves in fear for their personal safety as a result of the actions of a partner or family member. In these circumstances, advice can be given as to the options for obtaining the most effective protection given the individual circumstances.
The Police have considerable powers in this area and we can help in liaising with the Police in order to achieve effective protection. In the event that this is not adequate we can advise and assist in achieving further protection through the civil court. This is a highly specialised area often requiring urgent attention and priority will be given in such circumstances.
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Pre-Nuptial / Pre-Registration Agreements
Increaseingly these days people are looking to organise their affairs prior to marriage or a civil partnership in order to achieve some certainty in the event that the relationship subsequently breaks down.
In the past such agreements did not find much favour with the Courts but in recent times, with a properly drafted agreement and legal advice being obtained, the Courts are more likely to take account of any agreement entered into.
Contact us for further advice and information in this regard.
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For further information :
Please contact -
For a copy of any Guides mentioned on this page please use our Register page on the top menu.
Resolution (formerly Solicitors Family Law Association)
Collaborative (Resolution Web Site explanation of Collaborative Law)
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