When to consult a family law solicitor

by Mark Piercy

If you need advice on a family law problem, you should instruct a specialist family lawyer, who is a member of Resolution and committed to resolving family law disputes in a constructive and non-confrontational way, designed to preserve the dignity of all concerned and to encourage agreement. A small specialist firm can often provide a more personal and affordable service than a large firm with many departments and large overheads.

Mediation and collaborative law

Increasingly clients are encouraged to find ways of resolving issues by means other than court proceedings, such as mediation or collaborative law.

Divorce proceedings

Getting a divorce with the help of a family lawyer is usually straightforward. Divorce proceedings are seldom defended or require attendance of the parties at court. A simple divorce usually takes about 4 months from start to finish.

Divorce Children issues

If you can reach agreement about the care of your children, there will be no need for a court order. If there is disagreement, a family law solicitor can prepare proceedings to enable a court to make orders about residence and contact, or specific issues such as a child's education. The court will encourage the parties to reach agreement wherever possible but, failing agreement, will make any orders under the Children Act 1989 that are necessary in the interests of a child.

Financial issues arising from divorce

The courts have wide-ranging powers on divorce to redistribute income and capital assets. The courts powers are contained in the Matrimonial Causes Act 1973. To achieve a fair result the court considers all the circumstances of the case and the particular factors set out in section 25 of the Act. There is no set formula which the court applies. It is essential for each party to make full disclosure of your financial circumstances, including income, capital assets and pensions.

Child maintenance is generally calculated by reference to the Child Support Act. The parent with whom a child is not living will pay a percentage of his or her income by way of child support. The court has residual powers to order top-up maintenance in particular circumstances.

Pre-nuptial agreements

Before embarking on marriage, it might be wise to take advice from a family law solicitor about the advantages of a pre-nuptial agreement. The point of a pre-nuptial agreement is to agree what will happen if the marriage ends in separation or divorce. Increasingly, the courts are taking such agreements into account when a marriage breaks down. Such agreements need to be preceded by financial disclosure and each party should have the benefit of independent legal advice. They also need to be made at least 21 days before the wedding.

Cohabitation

If you are cohabiting, or thinking of cohabiting with another person, and particularly if you are contemplating a joint purchase of property, you should consider entering into a cohabitation agreement, in case your relationship breaks down and you need to decide what will happen to the property you live in or to assets which you have acquired together. A family lawyer can prepare a cohabitation agreement which will state how each party has contributed, or will contribute, and how the property will be divided in the future.

Inheritance claims

If you are financially dependent on another person (e.g. a spouse, cohabitant or parent) who dies without making reasonable provision for you in their will, you may be eligible to make a claim against their estate. A family lawyer can give you appropriate advice.

The best advice in all these circumstances is to consult a specialist family law solicitor.

Author's info:
Mark Piercy is a leading London family law solicitor, specialising in all areas of family law, including divorce and relationship breakdown, pre-nuptial and cohabitation agreements, issues relating to children and family inheritance claims. He practised for many years as a barrister and appeared as advocate in a number of reported cases. He has higher rights of audience as a solicitor. He is a member of Resolution, a CEDR accredited mediator and a collaborative lawyer. He has written articles and lectured on family law.

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