Personal Matters
Family

Family Problems? We can help you.

The breakdown of any relationship is stressful for all concerned. We offer a sympathetic and constructive approach to help our clients to achieve fair and amicable solutions to their problems

Our department shares a common recognition of the need to avoid unnecessary confrontation in family disputes and we are particularly sensitive to the needs of any children involved.

Together with our colleagues we offer a comprehensive service to include advice on wills, conveyancing, business problems and financial planning.

How We Can Help

As a department, we pride ourselves on offering a comprehensive service to all our family clients. We have a number of specialists and significant experience in all areas of family law. We also offer Family Mediation and can also deal with cases under a Collaborative Law approach.

We can advise on:

• Divorce and separation
• Care Proceedings
• Cohabitation
• Child Abduction
• Child Protection
• Family mediation
• Pensions
• Children disputes
• Child Support
• Adoption
• Domestic violence
• Maintenance
• Financial provision
• Collaborative Law
• Civil Partnerships
• Pre-nuptial and Co-habitation Agreements

FAQs - please see our Terms

1. My Husband and I are separating. He says that I am not entitled to a share of the house because I have not contributed to the mortgage. Is this true?
For married couples it is generally irrelevant who legally owns the house or who has paid the mortgage. The divorce courts have the power to alter legal ownership of assets to ensure a fair financial settlement.

2. We want to adopt a child, but don't know what to do?
It is best to contact us early on in adoption cases to enhance your prospects of successfully applying to adopt a child. We can guide you on the various procedures and represent you at the Court hearing.

3. My wife says that she is legally entitled to half my pension if we divorce. Is this correct?
Both husbands and wives can make a claim against the other's pension but there is no automatic legal entitlement. What a Court will award depends on a number of factors including the length of the marriage, the couples' age and their overall financial circumstances.

4. My wife won't let me see our child. What shall I do?

See us as soon as possible. Courts usually take the view that it is in the best interests of a child to have contact with both his/her parents. Delay however may prejudice your case and you should take legal advice as soon as possible.

5. My Husband frequently hits me and I am frightened for my safety. Can I make him move out of the house?

You can apply to the Court for an Injunction to prevent your Husband assaulting you and for an Order to remove him from the property. Injunctions are however complicated and you will need legal representation. Contact us straight away for urgent advice. Remember that we have a 24 hour emergency telephone helpline for these types of cases.

6. My partner is insisting I sign a Prenuptial Agreement. Are these binding?

Prenuptial Agreements have not really been tested properly by the English Courts. The existence of a Prenuptial Agreement is however something which a Court could take into account and you ought to contact us straight away for advice before you sign anything.

7. My partner and I would like to sort matters out amicably between ourselves but we need help to do this. Can you assist?

Call our Mediation Line for information about mediation.
Fiona Apthorpe, who is an experienced Family Mediator, can help you resolve your disputes without involving costly Court procedures. We are also authorised by the Legal Services Commission to offer publicly funded mediation to eligible couples.

8. Is it very expensive to hire your services?

To those clients not seeking legal aid or public funding we offer a free initial 30 minute assessment, the purpose of which is to discuss your case and to advise whether the matter is worth pursuing privately.

We give realistic estimates of fees and will readily discuss arrangements to pay by instalments or by credit card.

9. My husband and I are considering a divorce; how can this be obtained and is it correct that to obtain a divorce we need grounds?

To obtain a divorce the Divorce Court has to be satisfied that there has been an irretrievable breakdown of the marriage. Irretrievable breakdown is provided by establishing any one or more of the following facts:

• Adultery. That one party has committed adultery and the other party finds is intolerable to live with the adultery.
• Unreasonable behaviour. That one party has behaved in such a way that the other party cannot reasonably be expected to live with the unreasonable behaviour.
• Desertion. That one party has deserted the other for a continuous period of at least 2 years immediately preceding the presentation of the Divorce Petition.
• The parties to the marriage have lived apart for a continuous period of at least 2 years immediately preceding the presentation of the Divorce Petition and both parties agree to the divorce being granted.
• The parties to the marriage have lived apart for a continuous period of least 5 years immediately preceding the presentation of the Petition.

10. We have two children together will it be possible for me to obtain a Custody Order?

No. The Children Act 1989 has replaced Custody Orders with Residence Orders. A Residence Order is an Order that sets out in law who the children to whom it refers are to reside with.
Such Orders will only be granted if they are necessary. If the parents agree over the arrangements for the children, there is no need for an Order to be made.

11. If we are unable to agree with whom the children reside who will decide?

If no agreement can be reached concerning the residence of the children it will be necessary for one of you to ask the Court to intervene. Such an Application will be made under the Children Act 1989. When considering such an Application the Court will not make an Order concerning your children unless to do so would be better for the children than making no Order at all. Your children's welfare is the Courts paramount consideration. The Court is obliged to consider a number of factors when dealing with a dispute concerning the residence of children and these factors are set out in what is known as the "Welfare Checklist". These factors are as follows:-

• The ascertainable wishes and feelings of the children (considered in the light of their age and understanding)
• The children's physical, emotional and educational needs.
• The likely effect on them of any change in their circumstances.
• Their age, sex, background and any characteristics of theirs which the Court considers relevant.
• Any harm which the children have suffered or are at risk of suffering.
• How capable each of their parent is in meeting their needs.
• The range of powers available to the Court under the Act.

12. If I should die before my divorce is finalised what will happen?

It is most important that you are aware that should you die prior to obtaining a divorce then under the intestacy rules most if not all of your estate will pass on your death to your spouse. This situation will remain until such time as you have either made a will altering the position or obtained a Decree Absolute of divorce. It is therefore very important that you consider the issue of making or remaking your will. Also, if you jointly own property you may need to serve a notice on your spouse which will ensure that the property is dealt with in accordance with your will.

13. My partner and I entered into a Civil Partnership. The relationship has now broken down. What powers do the Courts have?

The Family Courts have the power to grant a dissolution which will have the effect of terminating the Civil Partnership. A Civil Partner can bring broadly similar financial and other claims against his or her Civil Partner or former Civil Partner as if the couple had been married.

About The Department

The Department’s more experienced solicitors are Resolution accredited specialists.

We are represented on the Law Society's Children Panel and Family Law Panel.

Robinsons hold a Community Legal Service Franchise at our Ilkeston Office, recognising the quality and consistency of our service.

Our Family Mediation Service also has a contract with the Community Legal Service enabling us to conduct family mediation for publicly funded clients as well as private clients.

With Robinsons you can be assured of a sensitive, efficient and cost effective family law service.