Beaujeux Wilde & King Solicitors - Family & Divorce Law

BWK Solicitors - Family & Divorce Law

We know that divorce, dissolution, separation or matters concerning your children is likely to be  an emotionally turbulent time for all concerned. There are many permutations of relationship breakdown, from concerns as to what will happen with the arrangements for your children, to how the finances and assets will be divided

Seeking advice at an early stage is often sensible as it allows you to have the information you require to make an informed decision.

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
  • Matters relating to children
  • Nuptial Agreements
  • Domestic Abuse

Our Family Law team

Our team is here to provide the necessary support for our within Buckinghamshire and the surrounding areas.

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

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.

Alternatively, 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.

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

We encourage you to speak to your partner/former partner,  directly regarding a settlement, once you have taken our advice and where it is possible to do so. If you feel unable to speak with your partner/former partner, you can instruct us to do so on your behalf. If you are able to agree 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 Consent Order

If it is not possible to agree with your partner/former partner, , 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 and your partner/former partner  try to reach an outcome that works for your family whist 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 directly with your partner/former partner or their solicitor, if they have one.

In some 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.

If you are planning on living with your partner, or are currently cohabiting, it may be worth drawing up a Cohabitation or Living Together 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.

Ideally, you should try to agree the arrangements for the children between you and your partner or spouse. However, we understand that this is not always possible. 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 which 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, particularly for those who have not had any dealings with the court in the past. We can help you through the process and assist you in bringing matters to a conclusion as quickly as possible.

In the event that an agreement made or approved by the court is breached, we can also assist you with enforcement or variation of such an order where appropriate.

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 relationshipbreaking down at some stage.

Whilst making arrangements 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 breakdown of the relationship. Indeed, many individuals, or those embarking on second or subsequent marriage, may bring into the marriage assets which 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, that the agreement is drawn up carefully and that it addresses the various legal requirements.

For those that have already married without a Pre-Nuptial Agreement, a Post-Nuptial 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 may take many forms including physical, psychological, or financial. It may be inflicted on anyone in a relationship and also 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 wellbeing 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.

Contact us

To make an appointment with a member of our friendly and responsive legal team to discuss your family or divorce related enquiry please contact us:
Tel: 01494 870075 (Chalfont office) or 01296 747151 (Stone office)

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