Family Law

Family Law

At David Lee Solicitors, we take your family’s continued well-being very seriously. That is why family law is not just a speciality, but something very close to all of our hearts. Below, you will find a list of our services in this area – please click on each one to learn more about it:

Divorce

Marriages do not always end happily ever after. If your marriage is breaking down, it is important to make sure you have the right support in place. Friends and family are great, but there is no substitute for expert legal advice. You need it right from the start to make sure that an already difficult experience is not made worse.

Your Lawyer will be by your side from start to finish, offering you the peace of mind that comes from working with someone you know and trust. We can help you draft a divorce petition to obtain a Divorce. We can advise you on the best way to protect your finances and your children. We can represent you in mediation, or, if an amicable resolution is not possible, represent you at Court.

Financial orders

In a divorce, both parties have financial claims against each other. These claims may be about the matrimonial home, money, possessions, pension or about future payments. They may even be about debts that have been created during the marriage.

When possible, you can avoid a lengthy (and expensive!) Court process by simply agreeing on a financial settlement. If that is proving difficult, we can represent you in a family mediation, supporting you every step of the way. As a last resort, if an agreement cannot be reached, the Family Court will be asked to decide the issues and make a Financial Order. If that happens, we can represent you at Court.

Children

We pride ourselves on understanding the difficulties that separating parents may face when trying to reach an agreement over arrangements for their children. We can provide you with specialist advice that will resolve any immediate problems, and will allow you to move forward with long-term arrangements that suit both parents and children.

In some circumstances, parents can agree where the children should live and how much time the children will spend with each parent. At other times, parents may want to settle matters relating to children and contact amicably rather than using the Court process, but cannot reach the decision between themselves. In these cases, mediation is the best option. If mediation fails, Court is the next, and final, option. We can advise you on all the issues that you are likely to meet in these proceedings, including:

  • Deciding the arrangements for a child and how to achieve them
  • Deciding where a child should live and how much time they spend with each parent
  • Prohibited Steps Orders – to prevent something happening, for example taking a child out of the country
  • Specific Issue Orders – to decide a particular issue, such as where a child will go to school
Domestic violence

As a victim of domestic abuse, you need to understand that you are not alone. Statistics show that one in four women will suffer some form of domestic abuse over their lifetime. For every five victims of abuse, three will be female and two will be male. One hundred and twenty women, and thirty men are killed by their current or former partners each year.

The Courts have wide-ranging powers to protect victims of domestic violence and their children. We can go to Court for you, to get an injunction to protect you from further violence or abuse, which can last from six months to a year. If necessary, we can ask the Court to make an order that the person who has been violent towards you must leave the family home and allow you to return. We can seek an Injunction, protection notices and orders, which are effective immediately and can last from forty-eight hours to twenty-eight days.

Civil partnership

The Marriage (Same Sex Couples) Act 2013 was implemented on 29 March 2014. However, the Civil Partnership Act 2004 also remains in force. There are subtle differences between your legal rights under a civil partnership (or a same sex marriage), and a marriage between couples of the opposite sex. This can have all sorts of Legal implications for you.

Our specialist advice covers a number of issues affecting same sex couples, including:

  • Terminating a civil partnership
  • Divorce following a same sex marriage
  • Financial settlements
  • Pensions
Cohabitation disputes

The idea of a common law wife or husband having the same rights as a married couple is a myth. No rights are obtained by living together. The law treats these couples as separate people with no automatic rights against each other, if the relationship comes to an end. When an unmarried couple separates, each person keeps the assets which are in their name, even if this is the family home.

If property is jointly owned, then there is a process to divide the value of the property. This can be long-winded and expensive, but we can guide you through it. The law relating to cohabitation is a complex area and female cohabitees can often lose out if they are not receiving the specialist advice we can provide.

Contact Us

At David Lee Solicitors, we are only ever a phone call or an email away. If you want to make an enquiry concerning potential legal representation, please use the contact form on this site. Alternatively, if you would rather speak to someone in person, you can call us on 01926 852 188

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