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As accredited Family Lawyers we are committed to non-confrontational
negotiation and to helping create stability for any
children involved.
However, whilst we try to minimise distress and the
likelihood of expensive court proceedings, we will also
take a firm, uncompromising line to protect your interests
when necessary.
When a court case proves necessary, (this is rare)
we will partner you through the entire process. We are
experienced advocates in the Divorce County Courts and
local Family Proceedings Courts and can advise you on
the implications of every decision you have to make.
We
specialise in the following areas |
- Divorce
proceedings
- Collaborative family law
- Disputes
over residence, contact and parental responsibility
- disagreements concerning the upbringing of
children
- Financial
setlement
- Domestic
violence or harassment injunctions
- Cohabitation
disputes
- Civil
Partnerships
- Seperation agreements
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Collaborative Family Law
This is the process in which you and your partner,
and both lawyers, try to resolve matters between you
without involving the Court to make decisions on your
behalf. The “No Court Commitment” of the
collaborative approach can be a beneficial way of resolving
issues whether or not you and your partner have children.
It is an approach that gives clients their own voice
and real control over the outcome.
What steps will we go through to get a
divorce?
If you are separated for the time being, we will aim
to negotiate an agreement which can then be recorded
in a Separation Deed. Divorce proceedings can take place
later.
If you decide to divorce immediately, this usually
takes around 3 to 6 months, but if there are financial
issues to be resolved it can take between 6 and 18 months,
sometimes longer. Once the divorce petition has been
issued by the petitioner, the other side (known as the
respondent) has to acknowledge service and state if
they intend to oppose the divorce. If it is agreed that
the divorce is to go ahead, the petitioner then makes
an application to the Court for the Decree Nisi. Once
this has been pronounced by the Court, the Petitioner
has to wait for a minimum of 6 weeks and then he or
she can apply to the court for the Decree Absolute which
brings the marriage to an end.
How do we sort out the finances?
It is important that we have a clear picture of your
own and your spouse's financial circumstances. Both
sides must provide this to each other so that we can
try to negotiate a fair agreement.
If we cannot reach an agreement, or the other side
is not co-operating or we just need a set a timetable
to sort it all out, an application for ancillary relief
should be issued. The Court then sets a timetable for
both sides to prepare a financial statement. We can
then ask for further information or other documents
that we need. A First Appointment takes place about
3 months after the application is issued. The Court
will order any remaining information to be provided
by you or the other side. We would come back to Court
about 2 months later and try to reach an agreement with
the help of the Court at a Financial Dispute Resolution
Hearing. Most cases do not go any further than this,
but if necessary, provision can be made for a Contested
Final Hearing.
How do we Reach a agreement about the children?
If at all possible, you should try and reach an agreement
with your spouse or partner. We can assist you in doing
that and will negotiate on your behalf if necessary.
We would where the case is suitable recommend a referral
to mediation. We can tell you more about that when we
first meet.
If, despite every effort an agreement cannot be reached
then consideration needs to be given to the issue of
an application to Court. We can represent you and guide
you through the complex Court procedures. You will find
that after the issue of Court proceedings, the Court
will make every effort to assist the parties in reaching
their own agreement and may direct the parties to attend
such things as Parenting Information Programmes and
Mediation Awareness Courses. Only in the most difficult
of cases, will the Court decide what is happen to the
children.
How much will it cost?
This depends upon the nature of the case. Your solicitor
will give you an estimate of the likely cost when you
first meet, and will confirm in writing to you. Please
feel free to ask us at any time what the bill is likely
to be, and we can tell you about various options to
pay.
Please Contact Nuala Brannan by
Tel: 0191 261 5181
or by Email:nualabrannan@hjhs.uk.com
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