By family law we mean work about divorce (the ending of a marriage), the financial and property problems which arise as a result, and about disputes over where children should live, and their parents’ contact with them. We include disputes about occupation of the family home. Finally we include helping if you are suffering harassment from a husband or wife or unmarried partner.
Contact Julia Ryman at our Headington office.
Divorce
To be able to divorce, you must have been married for at least a year, and your marriage must have irretrievably broken down. However, you also need to be able to prove one of the following five facts:
Although the Family Law Act 1996 was intended to change these arrangements in favour of a system just based on one year’s separation, this has been postponed indefinitely, and there is no sign of this system being introduced.
You will need to provide us with your marriage certificate (not a photocopy) before we can start the proceedings, but we can obtain an officially certified copy from the Registrar if yours is not available.
If there is no opposition to the divorce proceedings (and the necessary consent is forthcoming, where required), you can expect to get your divorce finished within about four months of starting.
Children
If you are in agreement about who the children should live with, and what contact they should have with the other parent, the Court will not become involved, although it will want details of the arrangements you have made.
If you are not in agreement, we would strongly recommend that you use the services of a qualified family mediator. We can provide you with names and addresses.
However, if you still cannot reach an agreement, we can act for you in any necessary Court proceedings.
The Family Home
Sometimes the greatest dispute between couples or even the only dispute is about who should live in the family home. Disputes like this can come to court even if you are not married. The Family Law Act gives judges power to decide who should occupy the house and who should pay for it, at least on a temporary basis.
Harassment
We can help you if you are suffering harassment from your husband or wife or an unmarried partner. The court can make orders to prevent abuse or violence. In emergency an order can be applied for quickly, sometimes even the same day.
Paying for Family work
We are unable to offer legal aid but we will be happy to discuss with you the likely cost of any proceedings and to reach an agreement with you about how these are to be financed.
A simple and straightforward divorce without any extra work being needed is likely to cost you in the region of £850, including the Court fees which are currently £340.