FAMILY DEPARTMENT

Our Family Law Department is dedicated to providing accurate legal advice in an approachable non-judgmental manner with a view to avoiding any unnecessary animosity between the parties especially at what can most often be an extremely difficult and emotional time for any individual when their relationship breaks down.

Recent Statistics Prove: Marriage is on the decrease The number of couples living together whether heterosexual or same sex, is on the increase. The number of couples splitting up is on the increase. Pre-Nuptial Agreements and Cohabitation Agreements may have an impact when deciding what should happen to the family assets on the breakdown of any family relationship. Such agreements can include the finances and the arrangements for the children in the event of the relationship breaking down. People are confused about their legal rights. We can advise you on all aspects of family, matrimonial, cohabitation and children law issues regardless of your gender or sexuality. Please contact our family department at familylaw@ccclaw.co.uk

Angela Ivaldi Family Solicitor Divorce & Separation Couples Living Together Civil Partnership Property & Money Children Law Domestic Violence Maintenance & Child Support FAQ Panel memberships Resolution Client Feedback

DOMESTIC VIOLENCE
A high proportion of men and woman may throughout their lives meet volatile and often dangerous people unwittingly placing themselves, their children and sometimes members of their extended family in position of conflict, violence and danger. The police and the courts have powers to grant victims of harassment, intimidation and violence protection.

If you require protection from a family member you may have a right to apply to the Family Courts for a non-molestation order and / or an occupation order. If you require protection from a non-family member eg a neighbour, you may require action to be taken under the Protection From Harassment Act.

Our Family Department is dedicated to providing help, advice and attending Court at short notice to obtain appropriate Court Orders to protect you an your family.

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PRENUPTIAL AGREEMENTS
Whether you are gay or straight, if you are planning to register your relationship or are to be married, we can advise you on whether it is in your best interests to have a Prenuptial Agreement drawn up. There are strict rules, procedures and timescales that must be complied with. We can draft the Prenuptial Agreement for you.

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DIVORCE
Divorce itself is not a particularly complex legal procedure, but family law solicitors can help pick up the pieces, and sort out the finances and any arrangements for the children. It is amazing how two people who loved each other a few years ago, can become so venomous towards each other when things go wrong.

We try to help deal with matters in a non-confrontational manner to help you at an extremely difficult time in your life.

To help budget your finances, we offer a Fixed Fee Divorce.

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LIVING TOGETHER
More and more people regardless of their sexual preferences are choosing to live together. Many straight couples believe they will automatically qualify for some protection under the law if their relationship breaks down, but as with gay couples (except those who have registered their civil partnership), their relationship with one another is not recognised as having any legal standing and they have no special status in the eyes of the English legal system.

There is a general misconception that if you have been living together for 6 months or 2 years you are a “common law wife” or “common law husband”.  This is wrong.  The law does not give any protection for any couples, whether they are straight or gay, unless they are married or have registered their civil partnership.

Couples living together should consider what they wish to happen to their assets on their death.  We encourage all adults to make a Will.  If you are unmarried or have not registered a civil partnership then on your death your estate will automatically pass to your immediate family under the intestacy rules.  There are separate rules dealing with the ownership of property.  Click here for more details on Wills.

Individuals considering marriage are urged to consider having a Prenuptial Agreement drawn up and if you are not considering marriage but are thinking about living with another person you can enter in to a Cohabitation Agreement.  Such Agreements can deal with ownership of the family home, other property, the finances including belongings.  It can also make provision for the financial and living arrangements of the children.

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PROPERTY LAW
Unlike married couples, unmarried couples (cohabitees) have no basic rights to their partner’s property, pensions or to maintenance if they split up. Basically what is his is his and what is hers is hers, and what is jointly owned needs to be divided. This applies to the family home as well. Therefore if a house is bought in joint names whether it is registered at the land Registry as beneficial joint tenants or as tenants-in-common then it should be split accordingly on separation, and either party may seek to force the sale of the property to release their share.

Often when a person decides to move in with their partner, the property remains in the sole name of the original purchaser and the other person contributes financially towards the mortgage and bills.  Many people do not realise that when the relationship breaks down how difficult it may be to prove the existence of any agreement between the couple and the legal impact such payments may have should the relationship break down.  In the absence of any agreement, one party may find themselves without any legal protection.  In such circumstances we strongly recommend you seek legal advice on having a Cohabitation Agreement drawn up to meet your own personal needs.

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CIVIL PARTNERSHIPS
Since 1st December 2005 the law changed to enable same sex couples to register their relationship and the legal implications on the breakdown of the relationship are extremely similar to separating and divorcing heterosexual married couples.

Before registering a relationship, we recommend you seek legal advice with a view to protecting your property in the event the relationship breaks down.  This is the equivalent of a Prenuptial Agreement.   Both parties will need to provide full and frank disclosure of their income, capital assets, pensions and income. Consideration needs to be given to the arrangements for any children, whether they are biological or adopted children.

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CHILDREN LAW
If the parents of a child are unmarried, then only the mother has any automatic rights in respect of the child. She alone will have parental responsibility for the child, which covers all aspects of the child’s welfare and upbringing. Since 1 December 2003 it is now easier for an unmarried father to acquire similar rights and we are happy to advise you on this either before or after a child has been born.  Parents can enter into a Parental Responsibility Agreement and if not, the father can apply to the Court for a Parental Responsibility Order.

Therefore if an unmarried couple split up the mother will automatically have the right to look after her child in a manner and place as she sees fit, and the father could not challenge her unless they have entered into a Parental Responsibility Agreement or he has a Court Order in his favour.

If a couple break up there is no presumption the child will continue to live with the mother.  If the parties are unable to reach an agreement for whom the child is to live with or when the non-resident parent is to see with their child(ren), then we can help you deal with sorting out the arrangements.  We aim to adopt a conciliatory approach to avoid unnecessary animosity and conflict between the parents.  If need be court proceedings may be issued.  More and more families now have Shared Residence Orders.

If there are major issues regarding the child’s upbringing, which the parents cannot agree on, for example schooling, medical treatment or religious practices, either parent can apply to a court for a Specific Issue Order.

If a resident parent wants to move away, whether it is to another part of England or to another country, either parent can apply to the Court to determine what is in the best interests of the child.

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ADOPTION
Mr Blair’s government aimed to increase the number of individuals and couples wishing to adopt.  The procedures have now been amended in accordance with the new laws and we are willing to advise you on making an application or to assist you with their compliance procedures.

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GRANDPARENTS
In recent years Family Law has recognised the importance and significance of grandparents and the beneficial influence they may have on a child’s development.  The extended family is now recognised as being important and where family members are unable to agree arrangements between themselves for the grandparents to see a child, our Family Department is willing to help you to resolve any dispute and if need be issue Court Proceedings.  We will of course assist you each step of the way.

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What many people are unaware of is that when the government introduced the Child Support Agency (CSA) in the early 90’s the Courts lost their powers to deal with maintenance for children. Where parties are unable to reach a voluntary agreement either party can apply to the CSA for an assessment. We can give you guidance on how much a non-resident parent should be paying or a resident parent be receiving in child maintenance and advice, if appropriate on appealing decisions made by the CSA.

More information is available at www.csa.gov.uk

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RESOLUTION
Angela Ivaldi is a member of Resolution, (formerly known as The Solicitors Family Law Association.) This is an organisation of 4,700 lawyers and family justice professionals who believe in a constructive, non-confrontational approach to family law matters. For further information visit www.resolution.org.uk

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PANEL MEMBERSHIPS
Angela Ivaldi is an accredited member of the Law Society’s Family Panel.  Click below for more information.

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CLIENT FEEDBACK
When we have concluded helping you with your legal affairs, we will invite you to complete an anonymous questionnaire and here are just some examples of the feedback our Family Department has received:

“I would recommend you to all my friends. Your service was exemplary, absolutely 1st class. I cannot thank you enough”

“I was very pleased with the overall service you provided. You got the result I wanted”

“Just Helpful”

“Seemed to want to help and did so, and I am very thankful to you all”

“I would recommend you to others as you are members of the Family Law Society”

“Was easy to make contact and had a very pleasant initial consultation”

“Good name & trustworthy”

“I found staff friendly & understanding”

“Very happy with service”

“Very friendly and understanding while dealing with the practical situations”

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FREQUENTLY ASKED QUESTIONS

We have only been married a short time when can I start a divorce?
You cannot start commence divorce proceedings until you have been married for at least 12 months and you must show that the marriage has broken down irretrievably.  The same applies to civil partnerships.

What if we can’t carry on living together, but we don’t want a divorce?
You can apply to the Court for a separation, this is known as a “Judicial Separation” or you can simply decide to separate without involving the Court.

Can we just decide to separate without involving the Courts?
Yes. The advantage of using the Court procedure enables you to finalise the arrangements for the children and the finances.

If you and your partner can agree what is to happen about the finances and the arrangements for the children Solicitors can draw up a Separation Deed or if you divorce, they can draft a Consent Order.

Who pays maintenance for the children?
If the children are living with you then the non-resident parent is legally obliged to pay child maintenance.  This can be by agreement or by either party applying to the Child Support Agency for an assessment. We can help you reach an agreement of the sum of money to be paid and give guidance on the appropriate sum you should be paying or receiving.

We are not married. Do I have any rights?
Even if you are not married, but you have children you can still apply for the maintenance for your children through the Child Support Agency.

If you own a property together and you want to sell but your partner does not, you can apply to the Court and ask them to decide. The Court can also decide if one of you should stay in the property.

If only your partner owns the property you may still be able to show you have a share in the property, For example, if you have paid for improvements to the property or helped to the mortgage, you may be entitled to claim a share in the property.

If you cannot show that you have a share in the property, but you have children together, you may be able to make a claim for a share of the property on the children’s behalf.

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