Family
Your FAQs

A. Understandably clients do have concerns about legal fees, and we offer a range of options so there is something to suit everybody, and we can help you budget with your case. We do offer a fixed fee divorce, whereby you pay one fee and if it’s appropriate for your circumstances, we’ll only charge you for one fee for all the work upfront.

If you want help dealing with all the financial arrangements, then that is chargeable on a different basis. That’s dependent on the time spent working on your case. And we have a range of solicitors at various levels of seniority so we will always make sure you get the right person doing the right work, at the right price.

A lot of our clients are fortunate enough to be able to have family members willing to help them. Some of them will loan them money to help fund their legal fees. Alternatively, some of our clients borrow from credit cards, or if a situation or circumstances are appropriate, then we can consider whether litigation loans are helpful, and they can help cover the costs for you.

A. The unfortunate truth is there is no such thing as Common Law rights or Common Law husbands and wives. It doesn’t matter if you’ve lived together, or you have children together, your rights aren’t the same as if you were married.

We recognise that every family is unique, and it is important that you get advice from solicitors as soon as any relationship breaks down. We can help you with any arrangements for any children, whether you have or share any parental responsibility, particularly whether it’s appropriate for there to be child maintenance payments, or other remedies available, will depend on your personal circumstances.

Housing, understandably, is a major concern, and if you co-own any properties together, or if only one of you is a legal owner of any house, the law can be complicated to navigate. So, if you split up, or even if you are thinking about leaving an unhappy relationship, it is important to speak to one of our solicitors and get help as soon as possible.

A. Living together or cohabitation can be difficult to prove. It is possible that we can factor in any new partner’s income into any divorce. We need to carefully look at all the surrounding circumstances and whether it is possible to include income streams available to a new partner, but that is certainly something we can consider with you.

A. Well, that depends on whether there is an existing financial order in place and the terms of any order. It is possible to vary a court order, and we would need to look at all the unique factors and your particular personal circumstances. Hopefully, we’d be able to agree any changes without the need to ask the court to get involved. But certainly if that’s not possible, then we do, of course, have that option available.

The obvious key triggering point is that your ex-partner starts cohabiting or children’s arrangements are slightly different now, but we need to look at all the surrounding circumstances, all the resources available. But it is really important that you don't stop paying any current arrangements for spousal or child maintenance and get legal advice at the earliest opportunity.

A. We recognise that a divorce is an extremely emotional time and those emotions can be heightened where there are inherited assets involved, often where people have got a strong family connection to any company shares or properties. As a firm, we specialise in private wealth management and we have a number of expert lawyers available to help and guide you through the process, whether it's to do with your house or a family business. We recognise that no two cases are the same and we will look after you and your family. There are a number of options and steps we can take to help protect inherited assets, so you've got peace of mind.

A. There are certain circumstances when it's legally permissible to exclude a legal owner from their own property but that normally requires an application to court. If no legal orders have been obtained, there may not be any legal basis for excluding an owner. If you find yourself in that situation, it's important not to do anything rash as you can make the situation worse.

It's also likely there's no effective communication between you both, and it's important not to involve your children in any conflict between you. You should seek urgent legal advice from family law specialists who can help you resolve the situation with the minimum of conflict as quickly as possible.

A. It's important to try and maintain your regular monthly mortgage repayments if you're a joint borrower, as this can affect your credit rating if you default. As a joint borrower, you'll always remain liable to pay your mortgage regardless of your personal circumstances, so you need to speak to your lender as help may be available. If you can't afford to meet your monthly repayments you should seek advice from Family Law solicitors to help determine what you can afford to pay.

There are a range of options available and it's important that you get legal advice as soon as you think you might be having problems.

A. There's often a high degree of conflict when any relationship breaks down, and that's often magnified when children are involved. It's extremely important to remember to try and put their needs first and focus on what's best for them. Studies have shown how important it is for children to have a good relationship with both parents. Of course, that may not be appropriate and there may be good reasons such as welfare concerns or possible risks of harm.

Steps can be put in place to help address and manage those risks, but it's important to recognise the equal and important role both parents share in children's lives and co-parent wherever possible. We do have the option, of course, to apply to court if it's appropriate to do so. At Attwaters we have a number of experts who specialise in Children Act proceedings, and it's really important that you get legal advice before making any major decisions.

A. If you have parental responsibility, it's important to consider where you're travelling to and whether there are any existing court orders in place already. If so, you may need permission to travel from the other parent. Most parents these days do share parental responsibility and that does require you to agree arrangements wherever possible. The situation can be different if you have existing court orders in place and different rules may apply.

From time to time, the other parent may decide for whatever reason, they're not going to give their agreement or consent to any travel for any number of reasons, and it's always important to get legal advice in good time before any contemplated travel.

A. There are a number of points to consider, such as whether you share parental responsibility or the reason for any change. Often changing a child's name is simple and easy to resolve, but you will need the agreement of the other parent. Where their consent is not forthcoming you may need to get permission from the court.

The court will always consider whether it's in a child's best interest and as it is a big step, their welfare and their needs are always the court's paramount concern. Any change will affect not only the child but other family members too, so it's important to get legal advice before you take action.

A.We understand that the end of any relationship can be an extremely anxious time for people, and the prospect of having to go to court can be extremely frightening. Court is not the only option available, and we can consider, with you, a range of alternate solutions. We can explain mediation, arbitration, collaborative options, and help you choose the right route for you.

We'll also look at all the costs involved and help you make an informed choice about all the options available. Where appropriate, we've got a network of trusted individuals who can offer you additional support and advise you if you feel you need it, and we recognize that not every case is the same and you may feel more confident using a solicitor every step of the way. Either way, we will make sure we proactively manage your case however you decide to proceed.

A.It's a good idea to speak to a solicitor before making any big life changes. He or she can help you decide what to do, whether you've possibly been given money from family members, inherited property, or you've been married before. In some situations, any property you bring to a relationship can become part of any divorce. We specialise in private wealth and have expert lawyers who can help guide you and give you advice so you can make the choice that's right for you.

You may want to consider a prenuptial agreement, but rather than think of it as unromantic, instead consider it as an insurance policy. There are a number of important factors to consider when preparing any agreement, and we do recommend that you speak to a solicitor as soon as possible, because these agreements can take time to prepare.