Beaujeux Wilde & King Solicitors - Family & Divorce Law

BWK Solicitors - Family & Divorce LawWe know that divorce, dissolution, separation or matters concerning your children can be an emotionally challenging time for all concerned.

The main concerns arising out of a relationship breakdown, often being what will happen with the arrangements for your children, and how the finances and assets will be divided on separation.

While the stereotype of divorce involves contentious court battles it doesn’t have to be that way.  In fact, the Courts encourage, and couples choose to separate amicably and avoid the expense and stress of litigation.

Seeking advice at an early stage is often recommended as we can provide you with detailed legal advice and reassurances to your concerns, allowing you to make an informed decisions about your future.

Our supportive, compassionate, and down-to-earth approach can support you through the process and ensure you achieve the best possible outcome for you, and your family.

We can assist with:

  • Divorce
  • Separation
  • Dissolution of Civil Partnerships
  • Financial Settlements
  • Cohabitation
  • Children matters
  • Nuptial Agreements
  • Domestic Abuse
  • Non-Court Dispute Resolution
  • Funding Options

Our Family Law Team

Our Family Department has a wealth of experience in all aspects of Family Law. We offer supportive, compassionate and down-to-earth advice, helping you achieve the best possible outcome for you, and your family.

Divorce

There is only one ground for a divorce in England and Wales, and that is the irretrievable breakdown of the marriage. This ground must no longer be demonstrated to the Court by relying on one of the following five facts: adultery; unreasonable behaviour; separation of at least two years with the other spouse’s consent to a divorce; separation of at least five years; or desertion. No fault divorce means that instead of having to attribute a fact, you are simply able to cite irretrievable breakdown of the marriage which can be done on a joint or sole basis.

You are no longer able to contest a divorce, however, you are able to defend the divorce if there is an issue as to which country the proceedings should take place or if there is an allegation that there was no marriage.

We can advise you on the most appropriate way forward in any event and are able to offer fixed fees in relation to the online divorce process.

Civil Partnerships

You may be considering dissolving your Civil Partnership. The process for dissolution of a Civil Partnership is very similar to the process for a divorce, this means that you do not have to give a reason or rely on a fact to end your Civil Partnership.

Claims that may arise in relation to a Civil Partnership can be in respect of capital, income, and pensions. It is best to seek advice at the earliest opportunity to enable you to understand your options.

Financial Settlements (Financial Remedy)

Resolving financial matters between separating couples can be challenging. We can help you with negotiating a financial settlement no matter what the circumstances are.

If you can agree financial matters between you, then we can draft that agreement into what will become a legally binding document for a Judge to consider. This document is known as a Financial Remedy Consent Order.

If it is not possible to agree the terms of settlement, then the next step would be to attempt mediation. We can refer you to a suitable mediator in the local area. The appointed mediator will help you both try to reach an outcome that works for your family whilst playing an impartial role and assisting in managing expectations.

If mediation is not successful, then we will do all we can to negotiate a settlement for you. In come cases, the only way of resolving a dispute is to go to Court. We can advise and assist you through the entire process. We work closely with experienced Barristers in order to form your specialist legal team, where appropriate.

Cohabitation

If you are planning on living with your partner, or are currently cohabiting, it may be worth drawing up a Cohabitation Agreement. Cohabiting couples often assume that living together as a couple creates similar rights and responsibilities as marriage, and still prevalent is the misconception that there is such a thing as “common law” husband and wife.

Cohabitation does not generally give you automatic rights to each other’s property or for financial support from one another and, if your partner dies, cohabiting does not entitle you to inherit. Conversely, if a cohabiting couple separate and there are children involved, then both cohabiting partners may have rights and responsibilities – even if only one of them is their biological parent. Whatever the circumstances we can advise you on all aspects of relationship breakdown and guide you through the process.

Children

We understand that it is not always possible to agree on the arrangements for the children between you and your partner or spouse. We are here to help, advise, and guide you through the process.

When dealing with issues of this nature, we encourage clients to consider alternative dispute resolution (ADR) methods, such as mediation, which many find helpful. We can discuss with you a range of services that you may find useful in circumstances where there is a dispute regarding the children.

In the event that an agreement cannot be reached, we can assist you with a court application or help you to respond to such an application if the other parent has made one. We understand that the court process can be daunting, especially for individuals who have not previously had dealings with the court. We can help you through the process and assist you in bringing matters to a conclusion as quickly as possible.

In the event that a contact order is breached, we can also assist you with enforcement or variation of such an order where appropriate.

Nuptial Agreements

Increasingly, couples who are about to embark on marriage recognise the need to establish and define what will happen if the relationship breaks down. We understand that this is an emotive subject, as Pre-Nuptial Agreements are, of course, predicated on the relationship breaking down at some stage.

Whilst planning for a potential separation before even getting married is not particularly romantic, it can help reassure a couple of any financial uncertainty involved in the event of a relationship breakdown. Indeed, many individuals, or those embarking on a second or subsequent marriage, may bring assets into the marriage that they would be keen to protect.

A properly drafted Pre-Nuptial Agreement can help to protect your assets in the event of the marriage breaking down. However, it is crucial that detailed legal advice is obtained, the agreement is carefully drawn up, and it addresses all relevant legal requirements.

For those who have already married without a Prenuptial Agreement, a Postnuptial Agreement remains an option and is a way to help protect your financial position.

At present, both forms of Nuptial Agreement are still not legally binding in English law, but significant weight can be attached to their contents if they are prepared in accordance with the legal requirements set out in recent legal cases. It is therefore crucial that detailed legal advice is sought at the earliest stage if you have concerns about protecting your assets.

Domestic Abuse

Domestic abuse may take many forms, including physical, psychological, or financial. It may be inflicted on anyone in a relationship and on those whose relationships have come to an end.

We aim to provide highly sensitive advice and will discuss your needs and protection, including whether you wish for an application to be made to the Court for an injunction (Non-Molestation Order) or Occupation Order. A Non-Molestation Order can prohibit the perpetrator from using or threatening violence against you or your child, or intimidating or pestering you, to ensure the health, safety, and well-being of you and your children. An occupation order can exclude the perpetrator from your home if you live together. We ensure that we are as discreet as possible if we need to contact you, especially if your partner is still living with you and you are worried about them discovering that you have taken legal advice.

Non-Court Dispute Resolution

Many family disputes can be resolved without ever going into a courtroom. Going to Court should generally be a last resort – it’s expensive, stressful, and time-consuming. We always explore alternative methods first, which are often quicker, cheaper, and less damaging to ongoing relationships, especially when children are involved.

Alternative dispute resolution methods can be particularly effective in family matters because they allow you to maintain more control over the outcome and can preserve important relationships that need to continue, especially as co-parents.

Funding Your Case

We understand that legal costs can be a significant worry when you’re already dealing with relationship breakdown. There are various ways to fund family law cases, and we’ll help you explore all available options to ensure you can access the legal support you need.

Contact us

To schedule an appointment with a member of our friendly and responsive legal team to discuss your family or divorce-related inquiry, please contact us via email at info@bwksolicitors.co.uk or telephone us at 01494 773377 (Amersham/Chesham office), 01494 870075 (Chalfont office), or 01296 747151 (Stone office).

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