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 Family Law
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| The breakdown in a relationship, whether
you are married, or simply cohabiting, will nearly always be distressing.
It can be difficult to think clearly about making arrangements for the
future. At a time when everything is in turmoil, the idea of discussing
these personal problems with a solicitor can seem like the final straw.
We understand these concerns. We appreciate that every relationship and situation is different. Consequently, we listen carefully to your needs before providing you with clear advice and practical guidance about the options open to you. We will not try to rush you into anything you are unsure about. Our aim with our family law services is to help you take control of the situation so you can make your own decisions with confidence, at a pace which suits you. We focus on negotiation and agreement to resolve family disputes quickly and sympathetically, particularly where children are involved. Whenever possible, we attempt to reach a satisfactory resolution without having to go to court, sometimes by working with outside mediators. The members of the Family Team are all experts in their field and, among them, there are a number who are members of Resolution (formerly the Solicitor's Family Law Association). In addition, one of the team is a child law specialist and a member of the Law Society's Children Panel. |
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| Meet the team: Susan Record | Alison Cook | Sarah Finnis Pauline Lewis | Keith Down Patricia Unwin | Mark Siddons |
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| Pre-Nuptial/Cohabitation Agreements
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| Pre-Nuptial Agreements Although not absolutely enforceable in this country, pre-nuptial agreements are being increasingly regarded as important in the event of relationship breakdown and serve as additional evidence to the court as to how to proceed. Accordingly, these can be extremely valuable to couples where, for instance, there is an inequality of assets at the outset of the relationship, or where one individual needs to protect his or her interests for children arising from a previous relationship. Cohabitation Agreements Whereas the court has ultimate control when dealing with financial issues concerning divorce, if couples who are living together enter into a properly constructed cohabitation agreement this will almost certainly be absolutely binding on them. Accordingly, it is possible to properly protect your position by entering into such an agreement at the outset. |
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| Meet the team: Susan Record | Alison Cook | Sarah Finnis Pauline Lewis | Keith Down Patricia Unwin | Mark Siddons |
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| Divorce
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Girlings are experienced divorce solicitors.
The only ground for divorce is that the marriage has irretrievably broken
down. However, the marriage must have been in existence for one year
and, to establish that the marriage has irretrievably broken down, it
is necessary to "prove" one of five facts:
Proceedings are commenced by 'lodging' the petition (and where there are relevant children, a statement of arrangements for the children) with the court, together with the marriage certificate and the court fee (unless you are exempt from paying this fee). The court will send the documentation to your spouse. He should then respond with an acknowledgement of service. Defended divorces are rare, and presuming that the case proceeds on an undefended basis the next step will be to make an application for decree nisi. This is "the almost there stage" of divorce. Six weeks after decree nisi it is possible to apply for decree absolute. This is when the divorce is finalised. As long as the court does not require any further information, and your spouse does not resist any of the orders you seek, it will probably not be necessary to attend court for the divorce. |
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| Meet the team: Susan Record | Alison Cook | Sarah Finnis Pauline Lewis | Keith Down Patricia Unwin | Mark Siddons |
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| Divorce Procedure
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| Application for financial relief is
made by lodging a form ("Form A") with the court. The court should set
a date for a first appointment not less than 12, nor more than 16 weeks
after the date of filing the notice. That first appointment is a procedural hearing and it is unlikely that matters will be resolved fully at that hearing. After the application has been lodged it is necessary to gather together information about your financial circumstances, and include them on a document known as "Form E". This must be lodged with the court at least five weeks before the date of the first appointment. It will include values of property, details of bank accounts and the amount of money held in them, the transfer value of pensions, the surrender value of endowment policies, details of your earnings etc. After Form E has been filed, each party may demand questions of the other where issues are unclear, perhaps requiring further documentation to be produced. At the first appointment the district judge will consider what further directions need to be made for the future conduct of the case, and indicate which of the questions referred to need to be answered. He may well refer the case to financial dispute resolution (FDR). Financial dispute resolution gives both parties an opportunity to reach an agreement, with some guidance from the district judge. The solution will, however, be one which is agreed. If the case cannot be settled at this hearing, a final hearing will take place on another date when the court will impose a solution. |
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| Meet the team: Susan Record | Alison Cook | Sarah Finnis Pauline Lewis | Keith Down Patricia Unwin | Mark Siddons |
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