When a relationship breaks down it can be a difficult and challenging time for both the parties and their families. Our approach is to narrow and deal with the issues in a cost effective manner whilst at the same time providing support to our clients.
We recommend seeking legal advice not only on divorce and separation but on children and financial matters.
At any point during a relationship particularly following a divorce or separation there can be financial matters which need to be resolved including maintenance, capital and pension issues. The parties will need to give disclosure to enable the parties solicitors to advise the client on what is reasonable and what a Court is likely to do on a contested hearing which usually results in resolution of the issues without a stressful and contested final hearing.
In appropriate cases an application can be made to the Court for an injunction to prevent the other party dissipating assets, ensuring you have enough income pending resolution of the issues and in certain circumstances apply to the Court for the other party to provide a lump sum to cover legal costs.
Divorce or separation is not only stressful for the parties but also the children particularly minor children. Whilst it is generally better for everyone if the parties can agree arrangements for the children where this is not possible we can discuss the options with you and where appropriate an application made to the Court.
Examples are:
Divorce
We received instructions from the Respondent husband in divorce proceedings based on his alleged unreasonable behaviour. Whilst some of the allegations were disputed it was accepted that the marriage had irretrievably broken down. The matter was dealt with in a cost effective manner by agreeing with the wife through her Solicitors that whilst the allegations were disputed it was accepted that the marriage had irretrievably broken down and each side bearing their own costs. Considerable costs were thereby saved.
Ancillary Relief
A complicated and acrimonious ancillary financial relief matter was referred to us by another firm of Solicitors. The matter had been running on for several years and several boxes of documents were delivered to us. Following a brief review an offer was made to the opponent through her Solicitors. This was not accepted. A year later prior to the final hearing the opponent accepted a lower figure. The client was able to keep his substantial house and pension. His opponent had to pay substantial costs.
Where Children are to Live
We were instructed on a difficult custody/residence case by a father. The child’s mother had a very difficult and traumatic life including alcohol and substance abuse. Prior to our involvement the Court ordered that the parties’ daughter live with the mother. With our help, our client’s perseverance and further applications the Court varied the order so that his daughter was able to live with him.
Relocation Abroad
We have assisted several parents in obtaining permission from the Court to take their children out of the jurisdiction for holidays and to live abroad. It is a complex process. In one case our client and her new partner were relocating to Canada to make a better life for the couple and the children. Various factors had to be considered. On an application to the Court the father strongly resisted. An order was made by the Court in our client’s favour enabling the relocation to take place in the children’s best interest.
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