The decision to bring a relationship to an end is an extremely difficult one. Whilst the concept of the family unit may have changed considerably over recent years, the needs of individuals whose relationships break down remain the same. The breakdown of a relationship gives rise to a variety of legal problems as well as being very distressing to those involved.

Our experience is that you will have a range of questions:-

· Will everything be divided equally?
· How long will it take to sort things out?
· How much will I have to live on?
· What about the children?
· Will it be expensive?

At Prettys our family law team are specialists and members of the Solicitors Family Law Association which promotes a non-confrontational approach to resolving legal matters in a practical way. We can offer collaborative law trained services, designed to avoid lengthy court litigation. There are, however, a small percentage of cases where resource to the court is the only option and our years of experience in litigation ensure a firm and considered approach if negotiation fails.

Quoted from Chambers and Partners, A Client's Guide to the Legal Profession 2007,

"Prettys has a reputation for dealing with privately funded individuals on all aspects of family law, especially high-value financial cases. Georgina Hall heads the department and is a collaborative lawyer. She “has an extremely good manner,” with one market commentator remarking that “it is unlikely that you would hear a bad word spoken of her".”

Quoted from The Legal 500 2006,

"Prettys' team is led by well-regarded associate Georgina Hall, who works part-time and has recently stopped working as a deputy district judge in order to focus on client work. She is a collaborative lawyer and has recently been handling some very complex cases for high-net-worth individuals."

Prettys offer a high quality client-focused service which is borne out by what is said by way of positive feedback from our clients:-

“I just wanted to write a letter to express my profound appreciation of the work carried out. My husband’s departure very nearly destroyed me. Mrs Hall’s sensitive handling of my divorce formed part of my recovery from that devastation. When I received my final papers I felt safe, satisfied and ready to move on. I was utterly supported at all times, every step was clearly explained and at a time of complete chaos I could perceive a direction and outcome. I was not an easy client and in my grief and anger behaved at times very badly. Mrs Hall’s calm, non-judgmental approach guided me away from confrontation towards a positive outcome.”

(Client confidentiality ensures that most client comments are only intended for internal use but some clients make clear that their comments can be published).

Taken from a recent client satisfaction survey,

                     "very helpful and friendly"

                     "Everything was fully explained at each stage"

Our niche team acts for privately-funded individuals and is unable to act in publicly-funded (legal aid) cases.

Family law encompasses various areas and the following will provide you with information that you may find useful:-

GUIDE TO DIVORCE PROCEEDINGS

DIVORCE JARGON MADE EASY

FINANCIAL PROCEDURE

FINANCES JARGON MADE EASY

COHABITATION

PRE-NUPTIAL DEEDS

CHILDREN JARGON MADE EASY

SFLA DO’S AND DON’T’S ON SEPARATION

GUIDE TO DIVORCE PROCEEDINGS

· Step One – the solicitor drafts the divorce petition and supporting documents. These are sent to the county court.

· Step Two – the court staff process the papers:

a. Copies of the divorce documents together with an Acknowledgement of Service is sent to the Respondent.

b. The Petitioner’s solicitor is told the date when this occurs.

· Step Three – the Respondent has 7 days to complete and return the Acknowledgement of Service to the court or 28 days to defend the proceedings.

· Step Four – the court send a copy of the Respondent’s Acknowledgement of Service to the Petitioner’s solicitors.

· Step Five – if the Respondent is not defending, the solicitor can now prepare the Petitioner’s application for Decree Nisi.

· Step Six – the judge looks at all of the divorce documents and confirms if a date can be given for Decree Nisi.

· Step Seven – the solicitor is told the date when Decree Nisi will be pronounced.

· Step Eight – the court makes Decree Nisi – the general rule is that no-one needs to attend court on that day.

· Step Nine – the solicitor is sent the sealed copy of the Decree Nisi. Application for Decree Absolute can be made six weeks and one day from the date of Decree Nisi. Finances are often resolved before the application for Decree Absolute is made, even if this means delaying the Decree Absolute application.

· Step Ten – the court processes the Decree Absolute. This is dealt with by the court staff straightaway and without the need for attendance at any hearing. The sealed copy of the Decree Absolute is sent to both parties’ solicitors.

· Step Eleven – the solicitor receives the Decree Absolute and sends the sealed copy to the Petitioner confirming that the legal relationship of marriage is now dissolved.

DIVORCE JARGON MADE EASY

· Acknowledgement of Service

The name for the form that the court sends to the Respondent (and any named Co-Respondents) once the court has processed the petition. If returned, it indicates that the divorce papers have been received and whether the Respondent intends to defend the divorce.

· Adultery

A sexual relationship, entered into voluntarily, between a married person where the other person is not their spouse, whilst the marriage is still in existence. This can be the case even if the parties to the marriage have already separated and the adultery was not the cause for the separation.

· Conduct/unreasonable behaviour

Where the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to have to live with the Respondent – this can cover a very wide range of behaviour.

· Co-Respondent

The person identified in the petition as being the person with whom the Respondent has had an adulterous relationship. The Co-Respondent can be identified without being specifically named. It is general practice not to name the Co-Respondent unless it is intended to ask that s/he pay towards the Petitioner’s costs for the divorce proceedings.

· Decree Absolute

The final court Order that dissolves the legal relationship of marriage. Both parties are then free to remarry.

· Decree Nisi

The stage at which the judge looks at the divorce papers and certifies that there are grounds for divorce, indicating that the marriage can be dissolved unless sufficient cause is shown to the contrary within six weeks and one day. It is at this stage that a judge will also make any Order about the Petitioner’s costs in pursuing the divorce.

· Irretrievable breakdown

The umbrella term for a marriage having ended which is specifically proven in one of five ways:-

a. adultery
b. unreasonable behaviour
c. desertion
d. separation for a period of two years with the Respondent’s consent
e. separation for a period of five years whether or not the Respondent provides
consent

· Judicial separation

A court Order confirming that the parties to the marriage are not required to cohabit, as an alternative to a divorce, but enabling financial Orders to be sought that are similar to financial resolution on divorce.

· Petition

The name for the document which starts the divorce proceedings. It sets out details about the parties and the reasons for the breakdown of the marriage. The petition also includes the full extent of all the financial claims that may be made, whether or not these are eventually pursued in their entirety.

· Petitioner

The person who starts the court action with the petition.

· Respondent

The person named as the other party to the marriage in the petition.

· Statement of Arrangements

A form that accompanies the divorce petition where the parties to the divorce have children – it confirms who the children are, where they live, where they go to school, whether they have any special needs, who is maintaining the children and whether there is agreement between the parties over the arrangements for the children.

FINANCIAL PROCEDURE

The first step is to identify all the assets with values for these and liabilities. Proposals can then be made to divide what exists taking into account what a judge would be likely to do if the matter came before the court. All of this can be dealt with voluntarily and without formal application to the court. Any agreement can be formally recorded in an Order obtained from the court drafted by solicitors and approved by a judge without the need for a formal hearing. If, however, there is a failure in cooperation, or it is not possible to reach sensible agreement, an application to the court can be made at any time with a view to resolving the financial claims between the husband and wife for income, capital, property and pension during life and on death. An application to the court will result in a timetable which the parties are required to comply with.

· Step One - Form E. There is formal disclosure of the assets as each party is required to provide full details in a financial statement called a Form E.

· Step Two - The solicitors must then identify the issues and deal with the need for any further questions to be raised. These matters are dealt with at the First Directions Appointment (FDA).

· Step Three - Financial Dispute Resolution. The court lists the matter for a court-assisted mediation known as a Financial Dispute Resolution (FDR) hearing. The judge listens to the presentation of each party’s case and gives an indication as to appropriate division. The parties are given time to talk at court to see if the matter can be agreed on that day. If agreement is reached it can be recorded by way of an Order at the court. If no agreement is reached, then the judge lists the matter for a final hearing.

· Step Four – Final hearing. A different District Judge will hear the case and listen to the evidence of the parties, which includes the disclosure previously submitted, and the judge will then decide on the division of the assets between the parties, making an Order on that day.

FINANCES JARGON MADE EASY

· Ancillary Relief

The financial claims that the married person can pursue on the breakdown of a marriage.

· Calderbank letter

An alternative name for a letter marked “without prejudice save as to costs”. It sets out proposals to settle the finances and indicates that should there be a subsequent hearing, the letter can be shown to the judge after the Order has been made. This would enable a judge to consider if one party is being more reasonable than the other in attempting to settle without a hearing and, should that be the case, whether it is therefore appropriate for one party to contribute towards the costs of the other party.

· Capital/property adjustment

Under the law which covers resolution of financial claims, a judge has power to adjust ownership between the spouses whether the assets are in one spouse’s name or both spouses’ names.

· Clean break

A financial settlement where the parties do not have continuing financial responsibilities for each other for income, capital, property or pension during life or against the estate of the other in the event of death.

· Cohabitation

Living together within a sexual relationship whilst unmarried.

· Consent Order

An agreement reached between the parties which is sent to the court for a judge to check and make into an Order without the need for attendance or a hearing.
· First Directions Appointment

First court hearing.

· Financial Dispute Resolution

Second court hearing where the District Judge listens to the presentation of each party’s case and gives an indication as to the appropriate division of assets.

· Matrimonial Homes Act entry

If the home in which the married couple live is in the sole name of one spouse, the other spouse can register a right of occupation at the Land Registry. This can be useful as it provides warnings of any dealings in the land.

COHABITATION

If two people choose to cohabit, rather than marry, a judge does not have the same powers to divide income, capital, property and pension. However, either party could argue an interest or right by contribution to an asset that is owned by the other, such as a house. Property and other assets may also have been bought in joint names during the relationship. It is important that there is full disclosure as to the existence of assets, values and any contribution by one or other party. Proposals can then be made to divide the assets. If this process breaks down then either party may apply to the court arguing an interest and asking that the judge make an Order as to the value of their interest and what should be received.

It is possible to seek to protect against argument when a relationship breaks down by entering into a cohabitation agreement setting out the parties’ intentions towards assets from the onset of the relationship. This is intended to be binding should the relationship break down.

PRE-NUPTIAL DEEDS

Marriage gives the courts the power to divide income, capital, property and pension when a relationship breaks down, whether these are in sole or joinr names.

A range of criteria will be applied in dividing the assets – for example, the ages of the parties, the length of the marriage, and, as the first priority, the need to provide housing for a parent with children. This is decided within the overall assets involved. However, the courts’ decision-making powers can also be affected if a pre-nuptial agreement is put in place prior to the marriage. This would set out what should happen to the assets should the relationship break down, particularly to any accumulated before the marriage takes place. A pre-nuptial agreement will not necessarily bind the courts, but it can be a significant factor in the alter division of the assets. Creating one is a step that should particularly be considered if one or both parties already have significant assets – an interest in a family business, equity in a property, valuable accrued pension rights or substantial savings. Sensible precautionary steps will then be in place to protect the financial position should the marriage end.

CHILDREN JARGON MADE EASY

· Absent parent

Used to describe the parent who does not live with the children.

· Child of the family
A child who has been treated by the married couple as a child belonging to their family whether in fact the biological child of the family or not. This definition therefore extends to step-children.

· Contact

The arrangements for the parent who does not live with the children to see the children, whether this be for holidays, overnight stays, daily, by writing or by telephone.

· CSA

The Child Support Agency, the government department required to assess absent parents’ maintenance obligations to their children.

· Residence

Used to describe the home/parent with whom the child lives.

· Parental responsibility

The rights and responsibilities a parent has over a child. If the parents are married, this is shared equally between both automatically and does not subsequently cease without court Order or death. If the parents have never married, the mother has parental responsibility. The father can apply to the court if the mother does not wish to agreed this. Even if the parents are not married the father is deemed to automatically have parental responsibility when the following two provisions are satisfied:-

i. the child was born after 1st December 2003;
ii. the father is named on the birth certificate.

· Parent with care

The parent with whom a child lives and who cares for the child on a day-to-day basis.

· Prohibited steps Order

Application to seek the court’s intervention to prevent one parent doing something involving the child/ren, eg, changing the child/ren’s schooling.

· Section 8 Orders

The statute determining what Orders can be made in relation to the child/ren:-

i. Contact Order
ii. Residence Order
iii. Prohibited steps Order
iv. Specific issue Order

· Specific issue Order

Application to seek the court’s ruling on a specific issue relating to the child/ren, eg, taking the child/ren on holiday.

SFLA DO’S AND DON’T’S ON SEPARATION

DO’S

· Remember that although you may no longer be together, you will always both be the children’s parents. Put the children first.

· Keep the door open to dialogue.

· Substitute politeness, if love is gone.

· Be aware of the positive benefits of counselling in helping you cope with your changing relationship with your partner.

· Be ready to compromise – an greement between you is more likely to work that an Order imposed by the court.

DON’T’S

· Tolerate threats or violence. Ask your solicitor how the law can help protect you.

· Sign or agree to anything without speaking to your solicitor first.

· Let your partner undermine your confidence in your solicitor.

· Expect the best of your partner, or of yourself – aspire to reasonableness

· Leave confidential documents where they can be found.