Barcan Woodward
Family Law
Advice about relationships and children
- I want to end my relationship
- I don‘t want my relationship to end
- I need protection from my partner
- If we separate what happens to the house?
- My partner has left how will I pay the bills?
- My partner and I don‘t want to use solicitors - is there any other way?
- Collaborative Law
- We can‘t agree where the children will live
- I don‘t want my partner to see my child
- I want my partner to pay for my child
- I want to see my child
- I am scared Social Services will take my children away
- How much will it all cost?
- Fixed Fees
- Our approach towards family law
- Free legal advice
I want to end my relationship
If you are married or in a civil partnership, then to end your relationship formally you will need to obtain an order from the county court. In a marriage this is called a Divorce in a civil partnership a dissolution.
To get such an order you need to show the court that your relationship has broken down completely.
This is done by filling in an application form giving details that show that one of the “grounds” for an order exist in your
relationship:
The application for the order is dealt with largely through the post and there is normally no need for anyone to go to court. In most cases it will take no more than 4 months from the date on which the application forms are sent to court.
Our approach is to make the process as straightforward and amicable as possible in what are, inevitably, difficult circumstances. If possible we agree the wording used in the forms with your partner so that there are no shocks which can create bitterness.
Whilst ending the relationship is always an important event for you, in most cases it is the consequences of the of the ending of the relationship - the arrangements for children and the financial arrangements - that take on the greater significance.
If you are unmarried, then there are no formalities to ending a relationship. However there are quite often other issues around children and the financial consequences that need to be sorted out.
I don‘t want my relationship to end!
At Barcan Woodward we feel that our approach to family breakdown is different.
If we feel we can we will try to help a couple to stay together.
We are able to recommend several sources of counseling which might resolve problems within the relationship. We can direct people to services. e.g.: Relate Health, social services, etc., which may help.
Sometimes we find that by simply knowing what is involved if the relationship should breakdown, and what their rights are, gives our clients the strength to make decisions. Far from breaking it up, actually, it can strengthen the relationship.
We can‘t stop relationships ending but we are certainly happy if they don‘t!
I need protection from my partner
No one should allow herself or himself to continue to be a victim of domestic violence or abuse; particularly if children are involved.
If you are a victim there are a number of steps that you can take.
Obviously the first is to call the police especially if you or your children are in immediate danger of injury. The police have set up specialist domestic violence units and these are supposed to respond to requests for assistance immediately.
The courts also have wide powers to protect victims of domestic violence and their children.
At Barcan Woodward we are committed to providing a fast and effective remedy to our clients who are or have been victims ofdomestic violence.
We can advise you where you can find safe accommodation if you feel you can‘t stay in the home.
We can also go to court for you and get injunction orders either protecting you from further violence or harassment or if needed requiring the person who has been violent towards you to leave the home and let you move back in.
These orders can be obtained very quickly if there is a need, for example, if there are children involved.
If we separate what happens to the house?
If you are married or in a civil partnership, the courts have wide ranging powers to deal with financial aspects of the breakdown of your relationship.
The court can transfer assets between couples and adjust theinterest of one or other partner in those assets. It can order one or other party to make a lump sum payment to the other and can adjust a party‘s pension so that part of it become the other party‘s or so that payments are made to them on retirement.
The court uses these powers to create practical solutions to the problem that usually arises: how do you divide what was once enough for one household between two?
The court comes up with these practical solutions after considering a number of matters set out in the law.
At Barcan Woodward we realise that separation is a terribly emotional time for clients. Things are made worse if there are worries about financial matters.
Clients are confronted with having to make decisions on financial matters when they are feeling at their lowest ebb.
We offer all our clients advice from the start of the case on how to sort out financial matters. We know that this issue can so often cause difficulties with other aspects of a case such as the arrangements for the children.
Our advice is always based on what we know the courts' approach would be if an agreement cannot be reached and it had to decide how to divide the financial assets. Our efforts are directed at reaching practical solutions at minimal cost and in the minimum time possible.
In general the court is looking for a home for the children of the relationship until they grow up and leave home.
This normally means that if there is insufficient value in the house to buy 2 homes were it to be sold, the parent who will be looking after the children will stay in the home with the children until they leave home.
If there is enough money to provide a home for the children and release some capital then the court could order a sale. But there are a host of other factors that have to be taken into account.
Most often the value in the home forms part of an overall settlement aimed at separating the parties financially once and for all, what we call a clean break so that they can move forward in their lives.
If children are not involved then normally the Court simply looks at the value of the home and other assets and taking into account the other factors listed above it seeks to divide the assets fairly between the parties to meet their needs.
Case study - If we separate what happens to the house?
If you are unmarried, but have children from the relationship thenthe courts approach is much the same as above. The court will look to provide the children with a home. However the exception is that although the court will aim to allow the caring parent to use the family home if possible the Court will not normally transfer that home to the other party, other than for the period that it is needed for the children and also the court cannot deal with pensions.
If there are no children involved the court treats partners as business partners and divides the assets between them as if they had bought those assets as part of a business deal. This means it is important if you are living together to get a formal legal document proving your entitlement to a share in the home.
If you haven‘t then it is necessary to show to the court that you have either, contributed to the purchase of the house or have been promised a share, if you are to share in the proceeds of its sale.
My partner has left how do I pay the bills?
Separation is a terribly emotional time for clients. Things are made worse if there are worries about money and paying the bills.
It is often important to make immediate decisions on financial matters when feeling at ones lowest ebb.
We offer all our clients advice from the start of the case on how to sort out financial matters, as we know that these can so often make other aspects of the case, such as the arrangements for the children, difficult to resolve.
Our advice is always based on what we know the courts approach would be if an agreement cannot be reached and it had to decide how to divide the financial
assets. Our approach is directed at reaching practical solutions at minimal cost and in the minimum time possible.The immediate need is to ensure that both parties financial needs are met whilst the other financial aspects are dealt with.
We can advise where you can find out about welfare benefits, and/or negotiate and agree payments to be made during the case, to maintain the position until a final decision or agreement is reached. We can refer clients to mediation to enable them to agree matters themselves.
If no agreement is possible we will apply to the court for you to get an order for such payments.
My partner and I don‘t want to use solicitors - is there any other way?
At Barcan Woodward we are committed to alternative ways of resolving disputes, particularly in family law cases.
We can offer family mediation to our clients.
Family mediation is a process that enables couples to settle family disputes without the need to involve the courts.
We feel that it has a number of advantages over the conventional court system.
It can be cheaper, quicker, more flexible and by enabling the couple to achieve an agreement themselves, can result in less problems between the couple in the future. If children are involved this must be better for all concerned.
Richard Howell is a Resolution trained mediator and an associate member of the College of Family Mediators. we can offer to refer couples to mediation to assist them to resolve disputes themselves. Normally such couples will only need to use solicitors to finalise any agreement they have come to and to turn that agreement into a binding order.
Whenever we act for clients in family law cases we keep the option of a referral to mediation open throughout the case. We can refer clients and their partners to a range of mediation suppliers to mediate all or any part of their case. We remain your solicitors so you can still get our advice as the process goes along.
Case Study - My partner and I don‘t want to use solicitors - is there any other way?
Please also see our Collaborative law page http://www.barcanwoodward.co.uk/content/collaborative-law.htm
We can‘t agree where the children will live
When parents separate it is important to children that they maintain as good a relationship with both parents as is possible and that the children know where they live and how often they will maintain a relationship with the parent they don‘t live with and their wider family.
Sometimes it is possible for parents to agree the arrangements for the children and even share the care of the children with children moving back and forth between the two households.
But sometimes that is not possible either because of circumstances relating to one or other parent, or to the ability of the child to cope with the arrangements. In those cases there is a need for the child to have one house they call home, Known as Residence, and spend time at the other, known as Contact.
In such circumstances it is necessary for parents to try to agree such an arrangement. This is often not easy because the feelings between the parents can spill over into the arrangements for the children.
However it is always better for parents to agree rather than leave it to a court to decide for them and the arrangements agreed can often be more flexible than what would be ordered by a court.
We can carry out those negotiations on your behalf.
We can also refer clients to mediation if that will help to achieve an agreement.
If an agreement cannot be reached then it is sometimes necessary to take the matter to court. The court has powers to make decisions about what is best for the children.
It is important to remember that the court deals with such matters from the child‘s point of view i.e. what is best for that individual child. The wishes and feelings of the parents come way behind what the court sees as the needs of the child.
This means that it is important to be flexible about arrangements for the children and not to get entrenched in a view as to what you feel they should be.
The court will consider the wishes of older children (from about 9 up) and the older the child the more notice the court will take of those wishes. If court proceedings are issued then a CAFCASS officer will see the children to find
out what they want to happen and report it to the court. The CAFCASS officer will also discuss the case with the parents, schools and if relevant other family members.The advice we most often give to our clients is to communicate, be patient and flexible. We find that arrangements for children change as the children grow up. What may seem like a final order will more than likely change in the future. Patience, communication and flexibility are the keys to success.
I don‘t want my partner to see my child
The law says that children have the right to have knowledge of both their parents and their extended family. Studies that have been done show that most children will do better in life if they have that knowledge.
In most cases the children seeing the absent parent or other family members on a regular and consistent basis best achieves this. This is called contact.
However there are situations when that contact needs to be restricted in some way. For example:
Contact would only be limited in such a way if the court was satisfied that this would be better for the children. This would be established by hearing from both parents and by a report from a CAFCASS officer appointed by the court to meet with the parents and the children.
Children over 9 may be asked to come and see the CAFCASS officer at court at an early hearing so that the parents and the judge can find out their wishes and feelings early on.It is often difficult for a parent to trust the other parent after a difficult breakdown in their relationship. Sometimes that can spill over into the arrangements for the children.
At Barcan Woodward we realise that this can be the case. We approach all matters involving children from the perspective adopted by the court i.e. the welfare of the children, whilst respecting the wishes of you, the client. Whilst we cannot change the law we try to make sure that your concerns are taken notice of by the other parent and if it should come to that by the court.
We always try to negotiate an agreement because when children are involved we realise that there is a need to enable couples to find away to work together for the benefit of the children in the future. It is also much better for couples to agree what is to happen for their children, than leave it to a stranger in court!
I want my partner to pay for my child
Most payments by parents for children are governed by the Child Support Act and administered by the Child Support Agency (CSA). If you want to contact them
you can do so by going to their web site (click here).The CSA calculates payments due from absent parents by using a formula relating to the disposable income of the paying parent.
The amount payable depends on the calculated disposable income and the number of children being paid for ranging from 15% for one to 30% for three or more.
However, payers should know that only very few outgoings can be taken into account to calculate Disposable Income ie only Tax, NI contributions and ½ of pension payments. For example debts are not taken into account at all.
Some payments are still dealt with by the court:
• Payment of school fees• Children of parents living abroad
• Payments under existing orders
• Stepchildren
• Disabled children
If these need to be obtained or amended then if an agreement cannotbe reached an application would have to be made to the court.
At Barcan Woodward we would always seek to agree payments if possible. If we thought it could work for the client we refer them to mediation. Otherwise we negotiate with your ex-partner or their solicitor. The negotiations would be based on what we know the Court or the CSA would be likely to order in the event of an application beingmade.
I want to see my child
The law says that children have the right to have knowledge of both their parents and their extended family. Studies that have been done show that most children will do better in life if they have that knowledge.
In most cases the children seeing the absent parent or other family members on a regular and consistent basis best achieves this. This is called ‘Contact‘.
It is often difficult for one partner to trust the other after a difficult breakdown in their relationship. Sometimes that can spill over into the arrangements for the children.
At Barcan Woodward we realise that this can be the case. We approach all matters involving children from the perspective that the court adopts i.e. the welfare of the children, whilst respecting the wishes of you, the client.
We always try to negotiate an agreement because when children are involved we realise that there is a need to enable couples to find away to work together for the benefit of the children in the future. It is also much better for couples to agree what is to happen for their children than leave it to a stranger in court!
We often refer clients to mediation if we feel that this could help achieve an agreement.
If an agreement cannot be reached then it is sometimes necessary to take the matter to court. The court has powers to make decisions about who the children can see and what the arrangements for contact should be.
It is important to remember that the court deals with such matters from the child‘s point of view i.e. what is best for that individual child. The wishes and feelings of the parents come way behind what thecourt sees as the needs of the child.
This means that it is important to be flexible about arrangements for contact and not to get entrenched in a particular view about what you feel should happen.
The court will consider the wishes of older children (from about 9 up) and the older the child the more notice the court will take of those wishes. If court proceedings are issued then a court CAFCASS officer will see the children to find out what they want to happen and report it to the court. The CAFCASS officer will also discuss the case with the parents, schools and if relevant, other family members.
It is often necessary for arrangements to be made to get contact restarted if it has stopped, particularly if there has been a long break. These arrangements are often aimed at rebuilding trust between the parents. They can include contact at a contact centre or with the CAFCASS officer present.
The piece of advice we most often give to our clients is to be patient. It often seems that there is no progress in setting up contact but the processes involved take time. Patience, communication and flexibility are thekeys
I am scared Social Services will take my children away
Social Services can only take your children away from your care if you agree to them doing so or if they get an order from the court.
There are several orders that entitle social workers to remove children from the care of their parents:
There is also a power given to the police to remove children and place them with the Local Authority if they think they are in danger.
Before the court will make either of these orders it has to be satisfied, on the evidence, that the children in question have suffered or are likely to suffer significant harm as a result of the care their parents have given to
them.
However it is very important to remember that the Local Authority is required by law to work with families to keep children with their parents, and if that is not possible with members of the extended family.
To achieve this aim the Local Authority is looking to families to work with them. We know it is difficult to work with people who you probably see as threatening to break up your family, when you are under pressure and things are not going well at home. However from our experience the outcome of any case involving the Local Authority often hinges on the willingness of the parents to accept their help and co-operate.In any case in which the Local Authority is involved with children, the court will appoint a special person called a Children‘s Guardian to look after the children‘s best interests. The children will also normally have their own solicitor. Richard, Chris and Kim regularly act in this role and work with Guardians.
The Guardian‘s role is central to any case and it is vital that you talk to them openly and accept their advice.
Case Study - I am scared Social Services will take my children away
A child in the care of the Local Authority still has the right to see their parents. The Local Authority has a legal obligation to provide contact.
It is often a matter of working with Social Services to achieve this.
However sometimes it is necessary to enforce that right by an application to the court. Again the court will look at things from the perspective of the child‘s welfare.
The interests of the child are also protected by the appointment of a guardian and a solicitor for the child. It is important to ensure that you develop a good working relationship with the guardian as his or her views carry agreat deal of weight with the court.
The guardian will be asked to write a report for the court and make recommendations, which can affect the way the Local Authority proceeds.
How much will it cost?
Public Funding
We are committed to publicly funded legal services. We hold a Legal Services Commission (LSC) franchise in family law and have been assessed by the LSC as providing a quality assured service.
What this means to our clients is:
LSC funding works like a loan and if you recover or preserve property or money the LSC recovers what it pays us from that. However if you preserve your home then the recovery can be delayed until you sell the house.
Private funding
We realise that not all our clients will be financially eligible for LSC funding support.
We offer a free half-hour interview service to our clients. The purpose of such interviews is diagnostic. At the interview we can assess the case and offer some preliminary advice and give an indication of what the case will cost.
After that we have to charge for our work. We now offer a system of fixed fees for most family law services. please see the separate section on fixed fees for more information about this.
In cases where we may not be able to offer a fixed fee we are able to give estimates of costs at the start and keep our clients informed as to how much the case is costing them at regular intervals after that.
We provide a swift and efficient service and this keeps cost down.All our work is outcome led and targeted at achieving an outcome agreed with our client as early as possible.
We don‘t let matters drift and have in place file reviews that ensure both no delay and quality of performance.
We can also offer to refer you to mediation, which can cut the cost of a settlement significantly.
We feel all of this provides value for money.