Divorce and Family Matters

Often couples have no desire to make matters any more difficult than they need to be once a relationship breaks down.

In fact, many couples wish to find a fair and constructive way of reaching decisions about their divorce/separation without the need to issue Court proceedings.

The Collaborative Family Law process offers couples exactly that option. You deal with matters at your own pace and set your own agenda. This approach diffuses disputes and encourages a mutual respect in reaching those difficult decisions regarding finances and children.

Donna Weston is a trained and experienced Collaborative Family lawyer who will reliably advise and represent you at face-to-face meetings, offering suggestions to help you meet your needs and achieve the final positive outcome, amicably.

Donna will consider your specific needs at your initial meeting, and if suitable will discuss the prospect of the Collaborative process further with you. She can suggest a network of other local suitably trained and experienced Collaborative Family Lawyers who may be able to assist your ‘other half’ so the process can commence.

If you wish to discuss the prospect of this form of alternative dispute resolution, then please call Donna today on 01926 858222 or contact her at: donna.weston@penmanssolicitors.co.uk

Every relationship is different and at Penmans we pride ourselves on understanding who you are and the position you find yourself in. This helps us to work with you to achieve the best outcome for you.

Divorce & Dissolution of Civil Partnerships

The laws governing divorce and dissolution have changed and now we have a “no-fault divorce”-based system.

It can seem a simple online process to navigate, but it is so important that you seek legal advice if you are considering issuing divorce proceedings, particularly if there are matrimonial finances to be resolved and children to provide for.

Do not be afraid to ask for help at the outset, as the right application must be made to ensure that the process of divorce and dissolution can move smoothly.

Here at Penmans we can help you to navigate all of those important decisions.

Separation

Sometimes couples are just not ready to start divorce proceedings and so choose to separate for a period of time.

We can help you to decide what is to happen financially and with the children if you chose to separate.

Cohabitation Disputes

Many couples choose not to marry and instead choose to live together permanently. Couples often believe that if they live together for long enough, they obtain the same rights as a married couple. This is not the case.

If a cohabitee dispute arises, then our lawyers are trained to help you navigate the ways in which an agreement can be reached regarding any property and your children and the rights you may or may not have.

When parties separate it can be difficult to make arrangements for the children.

At Penmans we offer you fair and practical advice about how to achieve this. We shall suggest negotiation, co-operation and compromise to best meet the needs of the children.

If agreement cannot be reached, then we may refer you to a mediation service or, if appropriate, suggest the Collaborative Family Law process. If matters simply cannot be agreed then it may be necessary for proceedings to be issued at the Family Court so a decision about the children will be made.

Please be aware The Family Court will only make an order where it considers that making an order would be better for the child, than not.

If you are having issues regarding arrangements for your child, including spending time with one party or where they should live, then please contact us. We can advise you about:-

• Parental Responsibility & Declaration of Parentage
• Child Arrangements Orders (Live With and Spending Time With)
• Prohibited Steps Orders
• Specific issue orders

If you would like to speak with us about your children issues, then please do call on: 01926 858222.

If you have children in the care of the local authority or social services are involved, then Penmans has a large Child Care department to assist you. Please can them on: 02476 226575.

When relationships break down tensions run high and this can lead to incidents of domestic abuse against any gender of partner.

This can come in many forms, whether physical, sexual, psychological, emotional or financial. This may also include forced marriage.

Making an application for protection

Whether you are the victim of a domestic assault by your partner or a family member, or defending yourself against allegations of domestic assault, then Penmans can help you.

We have successfully obtained non-molestation orders (preventing the other party from using or threatening violence against you, your children or intimidating or harassing you) and occupation orders (regulating who can live at the family home and who is excluded). Those orders can be made on an emergency basis to protect you.

If you feel vulnerable or in an unacceptable situation, then if at immediate risk call the police. If the police cannot help you or you are advised to, then please contact us for advice.

Defending an application for protection

If you have been threatened or served with an injunction (non-molestation and/or occupations applications and orders) and wish to defend yourself, then Penmans can assist you.

Please contact us as soon as you are made aware of the proceedings or threat of proceedings so we can advise you about the next steps to take.

When relationships break down, a divorce or separation is only one part of the bigger picture.

Often couples worry mostly about what will happen to their home, their finances and their children.

At Penmans, we offer practical advice about how a financial settlement can best be achieved as quickly and as stress-free as possible.

Many couples will work to achieve a fair financial settlement and we at Penmans are skilled in drafting appropriate orders to give effect to any agreement reached.

Whilst we always try to avoid the need for Court proceedings, unfortunately this is not always possible. If a Court application is made we have the expertise and wealth of knowledge of Court procedures and orders the Court can make. We shall help you comply with all Court directions and hearings.

We advocate for the need for full and frank financial disclosure from the outset and can discuss how this can be done via ourselves either in the traditional sense or via the Collaborative Family Law Process or via a family mediation service.

The thought of losing your home, your financial security and support for you or your children can be a frightening prospect, so please do let us help you to alleviate that fear.

Many couples wish to start their relationships with a clearly defined sense of what they are bringing to the relationship and how best to divide their financial assets should that relationship break down.

This should not be seen as an unromantic gesture, but instead a sensible and cost effective way of ensuring that from the outset both parties have a shared understanding of how to move forward.

This helps many couples to strengthen their relationship and desire to move forward in their relationship, safe in the knowledge that neither party will falsely gain a better financial advantage should the relationship fail.

 Cohabitation Agreements

This should be considered before parties begin to live together, so as to set out their specific financial contributions to the relationship.

Pre-Nuptial Agreements

This should be considered before the parties marry, to determine their joint and separate intentions regarding how best to divide their matrimonial assets should the marriage break down.

Post Nuptial Agreements

This can be done once the parties have married and should they then decide to clarify exactly what should happen to their respective assets should their marriage break down in the future.

ADDITIONAL SERVICES:

• Change of Name Deeds can be prepared (for adults and children) acceptable to all authorities, including the Passport Agency.
• Statutory Declarations of Marriage may be required by your travel company if you are planning a marriage abroad.

At Penmans, we often recommend the process of mediation to our clients to resolve their financial or child disputes.

We work with many local mediators to encourage the parties to reach fair and amicable decisions about their specific family issues.

Recently the Ministry of Justice announced plans to resolve private family law disputes earlier through mediation, a process which can allow the parties to keep control of their family’s future by avoiding Court proceedings. Those changes include removing outdated exemptions to Mediation Information and Information meetings (MIAMs), development of domestic abuse screening/training for mediators and a pilot for helping parents take early legal advice when facing challenges about their child arrangements.

If mediation is not successful (or not appropriate) then we help the parties onwards through the process of reaching final decisions about their children or their finances.

If you wish to discuss the prospect of mediation or the breakdown of your family, then please call: 01926 858222 to speak to either donna.weston@penmanssolicitors.co.uk or arabella.faulkner@penmanssolicitors.co.uk