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Family, Home & Personal Law issues > Family issues
Separation and divorceDeciding that a relationship has irretrievably broken down and that the only recourse is separation or divorce is an unsettling process. Our experts are there to make that process as pain-free as they can, whilst protecting the interests and well-being of our clients. It is not always necessary to proceed to Court to resolve matters and when appropriate, we will try to help clients reach agreement through negotiation and/or mediation. In the event of a divorce we will prepare the petition and deal with all matters up to and including Decree Absolute as well as advising throughout on the matrimonial finances until a settlement is reached. If the situation arises we will represent clients in court and deal with any associated litigation. We will be with you throughout the process. We also provide advice on the termination of registered Civil Partnerships. Dividing Assets on DivorceWhen a marriage breaks down and the parties separate or initiate divorce proceedings, one of the main concerns is the division of the marital assets. The marriage may have been long or short. There may be children, there may not. There is no exact science or mathematical equation that can be applied to the division of the assets and liabilities of separating spouses. Instead, each parties’ individual personal and financial circumstances must be taken into account and therefore the outcome is different for each married couple. It is not appropriate to use as a guide the settlements reached by family or friends that have been in similar positions as their financial and personal situations are likely to be different from yours. Before you can be advised as to settlement you will need to provide details of your financial position to your spouse and your solicitor. This is called “disclosure”. This is where you supply documentary evidence of your financial circumstances. You must make full and frank disclosure in the form of P60, bank statements, pension details, credit cards etc. The starting point for the sharing of the matrimonial assets is an equal division of the same. However this is only the start as once your personal circumstances are applied, this share could be varied up-wards or downwards depending upon the legitimate needs of each party. Some of the factors that affect the settlement are length of marriage, ages and health of the parties, earnings and potential future earnings, mortgage capacity and many more. If there are children involved, their needs must be given first consideration as it is essential that the children are adequately provided for. Driver Belcher offer the strength of a dedicated family law team with a reputation for dealing with privately funded individuals on all aspects of family law especially high value and complex financial cases. It is essential you receive specific legal advice tailored around you personal set of circumstances. We have a wealth of experience in this field enabling us to provide you with specialist advice and a comprehensive representation. Unmarried couples disputesThere is no such thing as a common law husband or wife and it is this urban myth that causes a great deal of confusion and complications for unmarried couples. The breakdown of any relationship is difficult and this can be even harder for unmarried partners as they are not as protected in law as married couples which. We appreciate the difficulties that can arise from this situation and work with you to try and resolve matters as quickly as possible. We provide advice and assistance in settling disputes over joint assets and in the event that court action becomes necessary, we can represent you during Court proceedings, including dealing with any subsequent Order of Sale for your property. Arrangements for childrenWhen parents separate, every family member has to make major adjustments in their life. One of the main changes will be in relation to the care of the children and arrangements for the children to see the parent with whom they no longer live. This can be a very difficult process and ultimately may need to be resolved with the assistance of a solicitor and in some cases the Court. Driver Belcher has a dedicated family law team with extensive experience of helping people resolve children related issues. Ongoing parental conflict is seen as a cause of harm to children and therefore to be avoided wherever possible. We are members of Resolution which promotes a non confrontational approach to resolving such matters in a practical way whilst doing everything necessary to fully protect your interests. We will encourage parents to resolve children issues amicably but if this is not achievable we will work with other agencies and the court to bring about a swift and successful resolution promoting the spirit of negotiation and compromise and fully protecting your best interests whilst continually considering the welfare of the children. If you and your partner cannot agree arrangements regarding the children through negotiation then we can help with preparations for court applications as well as representation at court. The types of orders that are made are Residence Orders, Contact Orders, Specific Issue Orders and Prohibited Steps Order (which encompass restrictions on a child being removed from their country of residence). Domestic violenceWe have a team devoted to domestic violence because such cases warrant advice and assistance from experts who understand the needs of clients that may have endured many years of abuse. We can help clients and/or their children that have suffered from abuse of all types including physical, verbal, sexual, alcohol or drugs. We can, on behalf of our clients, apply for injunctions, refer clients to the relevant agencies for support, where required make arrangements for places of safety and help with arrangements for the children. Sometimes clients do not feel ready to take any action and simply want advice so they know what choices are available to them. We are good listeners who will give balanced and considered advice to enable you to have the confidence to make your own decision that is right for you. Our service also provides advice on personal protection and harassment issues relating to neighbour or associated disputes. For further enquiries please contact:
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We have a team of lawyers specialising in Family Law. We have extensive experience of helping people to resolve the difficulties arising from a relationship break down. At a time when you are likely to be experiencing emotional turmoil we will provide you with the support and guidance you need. Our team are members of the Law Society Family Law Panel and Resolution which promotes a non confrontational approach to resolving legal matters in a practical way designed to avoid lengthy court litigation. However, if this cannot be avoided our years experience in litigation ensure a firm and robust representation if negotiations fail.