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Welcome to our CVG Family Law FAQ section. We understand that legal matters involving your family can be complex and emotionally challenging. To help you get started, we've compiled answers to some of the most common questions our clients ask.
We are specialist Family Lawyers dedicated to and passionate about advising and representing those most in need. That includes domestic abuse victims, both male and female. We specialise in domestic abuse, Private Children Law, divorce and financial matters upon divorce or separation. Our Private Children Law cases include advising and assisting our clients in reaching agreements that work for them and their children, both outside of court, through to representing clients in Children Act court proceedings that involve allegations of domestic abuse both to the parent we are representing, and also the children. We will also represent those wrongly accused of domestic abuse. Our work in relation to financial matters can be part of divorce proceedings and unmarried clients. We act for high net worth individuals as well as those who are in receipt of benefits and are struggling to make ends meet. We also work closely with local mediators to provide legal advice to parties within that process.
Since April 2022 the law changed so that there is no longer a need for one party to blame the other for the breakdown of the marriage, or to wait a period of 2 years to apply for divorce without expressing fault. The new system, known as the no-fault based divorce, has made the process much easier for parties. The application is either made by one party, or jointly. It is also much harder to successfully contest a divorce. The quickest possible time for the divorce application to be finalised would be around 6 months. On average, however, there are usually child arrangements to agree upon and also financial matters to be decided between you before you finalise the divorce. Therefore the average divorce is more likely to take around 2 years from separation.
A family breakdown is an extremely emotional and difficult time for anyone to go through. Whilst you can represent yourself in relation to children proceedings and also financial proceedings in the court, or attend mediation or another alternative dispute resolution method to resolve your dispute, it is always going to be to your advantage to obtain specialist Family Law advice. An experienced and specialist solicitor can significantly improve your chances of a favourable outcome in every case, but even more so in especially complex cases or those involving children.
The child’s welfare is at the focus of all advice we give and decisions the court makes. There is a welfare checklist embodied in the Children Law Act 1989 which we consider when giving you advice on the arrangements for your children. It places paramount importance on safeguarding the child’s well-being, emphasising their physical, emotional and educational needs. These include, but are not limited to, each parent’s ability to safely care for the child and meet their needs and the child’s relationship with each parent, including any potential risks each parent may pose. The child’s wishes and feelings are also taken into account in varying degrees depending on their age and capabilities / vulnerabilities.
It is very common and normal to have this fear. We will focus our initial free telephone consultation on providing you with an overview of your rights in relation to financial matters on the breakdown of your marriage or relationship. Believe us when we say that at the end of the "process" you will feel financially independent and capable of moving forward on your own.
All forms of domestic abuse are as serious and damaging as each other. We are specialists in this field and recognise that you may not see the extent of the harm you have suffered. You may not feel you can leave or live without your abuser. We work closely with social services, police, schools and domestic abuse support services to provide you with the support, courage and confidence to know that you can take this step and move forward towards being a survivor. We will ensure you have the protection in place you need from the outset and throughout your case. Nothing will shock us and you will be heard.
Mediation is a great way to resolve disputes for the right cases. We will always consider using alternative dispute resolution methods in every case as it can often resolve matters quicker, at less cost and assist in future positive co-parenting relationships. However, it is not safe or appropriate for everyone. If you do want to try mediation, then we will advise you inbetween sessions and then convert the agreement you reach into a legal document for the court to approve. Mediators are unable to give you advice and are instead there to facilitate agreements between you both. They are unable to draft the required legal documents or submit them to court on your behalf. Therefore it is imperative you seek legal advice on the side. We offer fixed fee arrangements in these circumstances so please do enquire about that with us.
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