Family Law

Divorce

We understand that splitting up from your other half is an emotional time and we aim to make the whole process as straightforward as possible.  There are many things to think about such as what will happen to your home, how you will survive financially and most importantly what will happen with the children.  Our lawyers are empathetic and sensible and will do what they can to minimise conflict and achieve a constructive and agreed outcome.  In this way you can look ahead to a life after divorce.

If you would like a preliminary conversation with a solicitor to discuss your options we offer a fixed fee consultation for £40.

Download our Divorce Factsheet

Useful Links:

resolution.org.uk

theparentconnection.org.uk

gingerbread.org.uk

Managing Relationships

We can help guide you in relation to preparing the following;

  • Pre-Nuptial Agreements
  • Post Nuptial Agreements
  • Living Together Agreements
  • Separation Agreements

These can usually be completed in collaboration with your partner’s solicitor and for a fixed fee to help you manage legal costs.

If you would like a preliminary conversation with a solicitor to discuss your options we offer a fixed fee consultation for £40.

Download our Managing Relationships factsheet

View case of Radmacher v Granatino

Children and Divorce, Dissolution and Separation

When parents start the divorce process usually their principle concern is the effect it will have on the children.   Your main considerations will be:

  • Who are the children going to live with 
  • Where will they live
  • How you will support them financially (see Finances on Divorce)

We can assist in the process by ensuring you have objective and appropriate advice on how best to resolve any parenting disputes that arise.  Reaching an agreement that is best for the children is the aim. We can put you in contact with mediation services and if any dispute cannot be reconciled we can advise and assist in the Family Court with whatever applications are required, whether that is to do with child arrangements (contact and residence) or some other specific issue.

Useful links:

familylives.org

theparentconnection.org

gingerbread.org

advicenow.org.uk/guides/sorting-out-arrangements-your-children

Download our Children and the Family Court factsheet

If you would like a preliminary conversation with a solicitor to discuss your options we offer a fixed fee consultation for £40.

Finances on Divorce or Dissolution of a Civil Partnership

Mostly people agree how to share out their money, assets and property when they spit up and it is reassuring to know that very few couples actually end up in a final hearing in a court with a judge deciding the outcome for them.

Our role is to guide you towards an agreement that covers the four main issues on divorce:

  • If you have children, who they are going to live with and where
  • How you will each support the children you have
  • Where you will each live
  • What you will live on

We can point you towards mediation, be your representative in a lawyer to lawyer negotiating process, guide you in approaching arbitration, prepare Consent Orders and support you through the court process if disputes remain live for the court to resolve.

Useful link:

familymediationcouncil.org.uk

Download our Financial Orders on Divorce Factsheet

 

Domestic Abuse & Protective Injunctions

Domestic abuse can take a variety of forms including physical, emotional, financial and sexual. If you are subjected to any form of domestic abuse we are able to provide quick and positive assistance to achieve the protection you need.

We can offer Legal Aid in order to apply to the Court for a protective injunction against an abuser. Court Orders can range from Non-Molestation Orders to Occupation Orders. These Orders can direct a person not to continue their abusive behaviour and can even require them to leave a property. Breaking a Non-Molestation Order is a criminal and arrestable offence and therefore enhances the protection offered by the criminal justice system.

Legal Aid

Civil (non-criminal) cases

Civil cases include things like debt, family or housing problems. To get legal aid, you usually need to show you can’t afford to pay for legal costs and your problem is serious.

You’ll usually have to give details and evidence of your income, benefits, savings and property, and those of your partner. If you’re under 18, you may need to give information about your parents’ or guardians’ income.

Your financial situation isn’t taken into account for cases about:

  • mental health tribunals
  • children in care
  • child abduction

You may also have to provide evidence about your problem, eg in a divorce case, by providing a court order or GP letter showing that you or your child have been a victim of abuse. We can provide you with a list of the types of evidence that must be provided when making an application.

https://www.gov.uk/check-legal-aid is the link to assess eligibility for non-criminal legal aid

Paying the costs of your case

Legal aid might not cover all the costs of your case. You may have to:

  • pay some of the costs upfront
  • pay back some of the cost if you win money or property from your case

The Legal Aid Agency (LAA) will make a charge or claim – known as the ‘statutory charge’ – on any money or property you win. If this is your home, payment can be deferred and the debt placed as a charge on your home (similar to a mortgage).

We can explain how this works. 

Oslers Partners

  • Mary E. Cleaver LLB (Hons)
  • Claire R. Lockwood LLB (Hons)
  • James S. Yardy LLM