Divorce is the procedure to formally dissolve your marriage. Dissolution is the same procedure applicable to civil partnership. It is unusual for either to be defended and often it is possible to conclude this part of the proceedings without the need to attend Court. The Court always has to be satisfied the relationship has irretrievably broken down and this is evidenced in the Petition. If the proceedings are undefended the average time from the issue of the Petition to conclusion is four to six months.
It is currently not possible to enter into a civil partnership with heterosexual relationships. The law pertaining to cohabiting couples is extremely complex and combines family and civil rules. Please speak to a member of our Department for further information and advice.
Ancillary relief is the financial part ancillary to any divorce/dissolution proceedings. This is where all the financial issues are considered such as whether any house should be sold. The financial issues can be resolved through negotiation, through mediation or through the Court process. There is a duty on both parties for full and frank disclosure of any finances, you will be criticised if there is an attempt to hide or dispose of assets which were acquired during the marriage or partnership.
Essentially, yes. Before any agreement is finalised it is important that full financial disclosure takes place. This must happen, if full disclosure is not given then any agreement reached or order of the Court could be challenged at a later date. Financial disclosure is where each of you completes a schedule of your financial position together with the relevant supporting documentation. You should be aware that this will require disclosing copies of all statements for at least twelve months. These are then exchanged so the entire financial situation is clear. It is possible to achieve financial settlement by agreement either with the assistance of mediation or negotiations between solicitors. In few situations it is necessary to ask a District Judge to make a decision. There is no set formula as to how the marital assets are to be divided. This is entirely discretionary but set against statutory criteria and each party's needs and the welfare of any minor children.
Please also refer to the information sheets provided by Resolution www.resolution.org.uk/factsheets.php
Parental responsibility is automatically granted to mothers and to fathers who are married to or marry the mother of the child. Unmarried fathers and step-fathers can obtain parental responsibility through a Parental Responsibility Agreement or Court Order. For children born after 1st December 2003 unmarried fathers obtain parental responsibility if they are named on the child's birth certificate.
Often when parents separate we find one parent will assume control of the child(ren) and try to dictate how much time the absent parent has with the child(ren). We can help you maintain a relationship with your child(ren) after separation. This may be achieved by direct communication with the other parent or it may, in some cases, involve Court proceedings.
It is essential that the children do not become involved in the adult emotions and distress at the time of separation. They are often very confused and do not understand why they now have to share their time and home.
It is very rare that the Court would support children not seeing both parents and will usually only do so when there is a risk to the child.
The terminology of custody and access are now known as residence and contact and these are the terms that lawyers and the Courts will use.
When deciding where a child should reside everyone involved will take account of a number of factors contained within the Children Act including the child's wishes and feelings. The final decision will be made after deciding what is best for the child. In most cases the child will stay with the parent with the day-to-day care but sometimes this is not possible and the arrangements made need to be changed. No-one will make the decision without taking all the facts into account.
If there is a real dispute about where the child should reside then it is more likely than not the assistance of the CAFCASS (Children and Family Courts Advisory Service) will be sought. The CAFCASS Reporting Officer will be the eyes and the ears of the Court and any recommendations in their report will be persuasive to the Judge at final hearing.
As soon as there are any child protection issues and Social Services are involved in your child's life it is important to take specialist legal advice from a Law Society Children Panel Member. This is an extremely complex area. Please speak to a member of our Department for further information and advice. We have three Children Panel members in our Department who will be pleased to assist.
If you are in fear of your personal safety you are always advised to contact the Police for assistance. Within the family and civil courts it is possible to obtain an Injunction under the Family Law Act or the Protection from Harassment Act. An Injunction can protect you from threats of violence, actual violence, harassment and can, where necessary, be used to keep someone out of your home.
In an emergency we will endeavour to see you on the same day if at all possible. We support ADVICE (Against Domestic Violence in the City of Exeter) and are members of the local forum together with other local organisations including Womens Aid and the Police. Please see the bulletin for more information.
Our Children Panel Specialists will be able to advise you on the emergency procedures necessary to avoid your child being abducted out of the jurisdiction. If you suspect or have real concerns that your child may be at risk of being removed from the country then you should contact our office urgently.
We can make an urgent application to the Court to injunct the bank account and forbid any money transfers. This is a drastic measure and should only be taken if there is a real risk that the money will be removed and hidden from assets that should be disclosed in any financial proceedings.
We can apply to the Court for an Order suspending the other owner's rights to occupy the house whilst the property issues are being resolved. In these circumstances we have to satisfy the Court that such a drastic measure should be taken.
We would always advise that you should have a current and up to date Will to ensure on your death your wishes are complied with. It is especially important when you are separating or divorcing. Our Probate Department can assist you.
If there is jointly owned property which is to be sold or transferred then we would advise you to seek specialist advice from our Conveyancing Department who can assist you. This is especially important if you are planning to purchase another property with any new partner and your position needs to be protected under the terms of a Declaration of Trust.
Public funding (formerly legal aid) is available to those who meet the financial criteria and whose matter is suitable for assistance. We offer public funding to those clients who are eligible and will discuss this possibility with you throughout your case as your financial circumstances change.
In some cases it is felt appropriate to instruct a Barrister to assist with your case. Barristers are experts who deal with advocacy and research assisting Solicitors and other legal advisors in cases where that extra specialist knowledge is required. If a Barrister is felt appropriate in your case this will be discussed with you.
Crosse + Crosse Solicitors, 14 Southernhay West, Exeter, EX1 1PL Tel: +44 (0)1392 258451 - Fax: +44 (0)1392 278938 - DX: 8313 EXETER - Email: mail@crosse.co.uk