Fixed Fee Services
Our experienced Family Department offers specialist legal advice relating to all aspects of family relationship breakdown. Please contact us for further information and details of the services we provide as well as our flowcharts (coming soon) and factsheets (coming soon).
Within our full range of services we offer a fixed fee package for certain uncontested matters.
DIVORCE/CIVIL PARTNERSHIP - Petitioner £500 plus VAT
DIVORCE/CIVIL PARTNERSHIP - Respondent £220 plus VAT
(STEP) Parental Responsibility Agreement £200 plus VAT
CHANGE OF NAME DEED - Adult £75 plus VAT
CHANGE OF NAME DEED - Child £75 plus VAT
STATUTORY DECLARATION £100 plus VAT
Fees
All prices are exclusive of VAT and will need to be paid at the start of your matter. Other fees may apply such as Court fees or fees for obtaining additional documents or having Affidavits sworn. Should extra fees apply details will be provided.
If you believe you may be entitled to public funding (formerly known as legal aid) please contact our Family Department who will be able to provide further information. You may also wish to check your own eligibility for public funding using the Legal Services Commission's financial eligibility calculator.
Even if you are not financially eligible for public funding subject to your financial circumstances it is possible to apply for a partial/full exemption of the Court fees payable in proceedings. Please contact your local Court for the application form and details of the information and documents you will need to apply for this.
Conflict of Interest
To ensure we are able to assist with your matter you will be asked to provide certain details regarding your partner or the other adults involved in your case. This is to enable us to check our records and confirm that we have not already provided advice to the other party. We will not notify anyone that you have contacted us should a conflict arise and if we are not able to assist will provide you with details of alternative firms who would be able to help.
If your matter is not detailed in this section it is not part of our tailored fixed fee service. Please contact our Family Department who will be happy to discuss your case with you and the likely charges that will apply.
DIVORCE/CIVIL PARTNERSHIP - Petitioner
Where you have decided that your marriage/civil partnership has broken down and your spouse/partner will cooperate with the Court process.
We will:
•· Advise you of the process, timescales and additional costs
•· Advise you of the information and documentation we will need from you
•· Draft all the documents needed to complete the proceedings
•· Liaise with your spouse/partner or their lawyer before proceedings are issued
•· Liaise with your spouse/partner or their lawyer throughout the proceedings as required
•· File the papers with the Court
•· Send you your copy of the relevant court papers such as the Decree Absolute.
We will not:
•· Deal with the matter if either party is not resident in England and Wales
•· Deal with the matter if the proceedings are to be issued outside of England and Wales
•· Deal with the matter if your spouse/partner cannot be found
•· Deal with the matter if your spouse/partner will not cooperate or defends the proceedings
•· Deal with issues regarding the children or financial matters
•· Attend Court for a hearing regarding costs or any other element
You will:
•· Provide us with your marriage/civil partnership certificate at the start of the matter
(if you require we can obtain a copy for the relevant fee)
•· Provide us with all information needed to complete the documents throughout
•· Provide us with the contact details for your spouse/partner or their lawyer
•· Provide us with the Court fees when they become payable.
•· Notify us of any information that may change our advice to you or how the proceedings are conducted.
When you provide us with your initial detailed instructions we will confirm whether your matter is suitable for our fixed fee service. Should your matter not be suitable i.e. if the proceedings will be defended, there is a foreign element or other extra work will be necessary we will still be able to advise and assist you under our hourly rate service and full details will be provided. It may be the extra work can be carried out in addition to the fixed fee service for an agreed extra charge.
Your eligibility for public funding will also be considered at our initial appointment.
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DIVORCE/CIVIL PARTNERSHIP - Respondent
When divorce proceedings are being started by your spouse/civil partner and you do not contest the proceedings.
•· Check the Court documents including the Petition
•· Consider any claim for costs made in the Petition
•· Complete the Acknowledgement of Service
•· Liaise with the Court and your spouse/partner or their lawyer throughout the proceedings
•· Check and send you your copy of the relevant court papers such as the Decree Nisi and Decree Absolute.
•· Deal with the matter if the proceedings become defended
•· Provide us with all information needed to complete the Acknowledgement of Service
(STEP) Parental Responsibility Agreement
Mothers automatically obtain parental responsibility for a child at the time of birth. Fathers do not automatically obtain parental responsibility for a child.
If the child is born after 1st December 2003, the parents are not married and the father is not named on the birth certificate the father will need to obtain parental responsibility for the child by way of Parental Responsibility Agreement or Order.
If the child is born before 1st December 2003 and the parents were not married the father will need to obtain parental responsibility for the child by way of Parental Responsibility Agreement or Order.
If a step-father wishes to obtain Parental Responsibility this can be obtained through a Step-Parental Responsibility Agreement which will require the written consent of both parents with parental responsibility. The process for obtaining this is the same as a natural parent.
If you do not have parental responsibility for your child and the mother of the child is agreeable to you obtaining this a Parental Responsibility Agreement should be completed.
•· Take your instructions
•· Advise you on whether an Agreement is necessary or appropriate
•· Obtain the mother's consent to the Parental Responsibility Agreement
•· Draft the Parental Responsibility Agreement and agree this with the other parent(s)
•· Advise you as to the process of completing the document
•· Arrange for registration of the document
•· Negotiate with the other parent(s)
•· Become involved in disputes regarding the arrangements for the children
•· Become involved in disputes regarding any other matter including financial arrangements or maintenance
•· Issue Court proceedings or attend Court hearings on your behalf
•· Provide us with all information needed to complete the Agreement
•· Provide us with the contact details for the other parent or their lawyer
•· Notify us of any information that may change our advice to you or how the matter is conducted.
•· Ensure the document is completed correctly
CHANGE OF NAME DEED - Adult
Save in very exceptional and rare circumstances public funding is not available for a Change of Name Deed. If you believe there are exceptional circumstances which apply to your matter please raise these with us immediately.
As an individual over the age of 16 years old you are entitled to change your forename and/or surname to any other name.
A Change of Name Deed is the formal document which records both your old name and your new name. You will be required to sign the Deed in the presence of an independent witness both in your old name and your new name.
•· Draft the Change of Name Deed
•· Provide you with the completed original document and certified copies
•· Notify any person or company about your change of name
•· Prepare the document if it is to avoid criminal charges
•· Provide us with all information needed to complete the Deed
CHANGE OF NAME DEED - child
As the parent or other adult with parental responsibility for a child in your care you are entitled to change the forename and/or surname to any other name of that child where you have the consent of every other person with parental responsibility for that child.
A Change of Name Deed is the formal document which records both the old name and new name of the child as well as confirming the consent of all adults with parental responsibility. You will all be required to sign the Deed in the presence of an independent witness.
•· Provide you with the completed original bound document and certified copies
•· Notify any person or company about the change of name
•· Prepare the document without the consent of all adults with parental responsibility
•· Prepare the document if it is to aid or assist the abduction of a child
•· Prepare the document if the child is to be removed from the jurisdiction unless there is an Order of the Court or written consent of any parent.
•· Provide us with the contact details of each adult with parental responsibility
•· Provide us with the written consent of all other adults with parental responsibility to the change of the child's name
•· Provide us with a copy of any Court Order relating to the child's change of name
•· If the child is to be removed from jurisdiction, provide us with the written consent of all parents to the change of name and removal from the jurisdiction.
•· Obtain the signatures of all other adults to the document
STATUTORY DECLARATION
A Statutory Declaration is a formal document which is sworn on oath before a Solicitor or Commissioner for Oaths. There will be a separate fee charged to have the Declaration sworn of £5 which you will pay yourself directly when the Declaration is sworn.
A Statutory Declaration is often used to confirm a change of name where this has not been formally changed but written confirmation is required to obtain a new passport, driving licence, bank accounts etc.
A Declaration may also be required to confirm you are a UK resident or that you are divorced/single to enable you to be married overseas.
•· Take your instructions and advise you
•· Draft the Statutory Declaration
•· Provide you with the completed original bound document
•· Provide us with all information needed to complete the Declaration
•· Provide the document to the relevant person or company.
In exceptional circumstances your required Statutory Declaration may necessitate further work on our behalf including the need to clarify and confirm the requirements of the agency/country requiring the document. Should this fall outside of our fixed fee service an alternative fee will be agreed with you at the start of your matter.
Crosse + Crosse Solicitors incorp Charles Hope & Co, 14 Southernhay West, Exeter, EX1 1PL Regulated by the Solicitors Regulation Authority - SRA number 45764 Tel: +44 (0)1392 258451 - Fax: +44 (0)1392 278938 - DX: 8313 EXETER - Email: mail@crosse.co.uk