The term ‘Family Law’ covers a wide variety of areas including: breakdown of marriage, divorce and reaching a financial settlement, cohabitation disputes and financial settlements when your relationship comes to an end, reaching agreements in respect of your children in relation to residence, contact and important decisions in your child’s life for example in respect of their educational, health, religious and location requirements, pre nuptial and post nuptial agreements, civil partnerships and domestic violence.
Family lawyers understand that all these areas (and the above is not an exhaustive list) require the utmost sensitivity, attention to detail and empathy. A good solicitor knows that every individual will have a different set of circumstances which cannot be farmed through a generic process and you as an individual should receive tailored advice which outlines the best course of action to resolve your matter in the most efficient and cost effective approach. If this quality of service is provided, hopefully we can ease some stress and worry from your situation.
With all areas of family law, there are at least three different ways you can reach a resolution without the involvement of the family courts:
The first and simplest way is to reach an agreement between yourselves. If an agreement can be reached, you ought to ensure that it is detailed in to the appropriate document. Some examples would be a Consent Order or Separation Deed in respect of the financial agreement for divorcees and ex cohabitees, a Contact Agreement, Parenting Plan or Consent Order in respect of children matters and Pre nuptial and Post nuptial agreements for those who wish to plan ahead for the ‘just in case’ scenario.
It is essential that you receive independent legal advice at the outset, ensuring you are fully informed in respect of your position and rights and are able to reach a fair agreement. It is also extremely important to note that these documents should be drafted by a solicitor with the relevant expertise in the area. This will prevent any misunderstanding and cause for misinterpretation and in some cases it can ensure that neither party to the agreement has any recourse to make further claim at a later date.
It is a common misconception that solicitors could exacerbate a situation where two parties on amicable terms have decided to go their separate ways but still have some issues which need to be resolved. This is not the case. Solicitors are here to provide you with good quality information and advice and to help draft the correct documents. In situations such as these, this is the most sensible option you have as it provides certainty and finality for you both. If you are ever in doubt, you can contact a solicitor who is a member of Resolution. Solicitors who are members of Resolution deal with matters in a conciliatory and non-confrontational way. All of our family solicitors are members of Resolution.
The second way in which an agreement can be reached is through the use of mediation services. There are many different schemes designed to promote settlements between parties without the involvement of the courts. It is important to note that if an agreement can be reached through mediation, it should be drafted in to the appropriate document by solicitors as mediators are not lawyers and the agreement will not be binding until drafted into one of the documents explained above.
If the above two options are simply not viable in your case, then you can instruct solicitors to enter into negotiations on your behalf. Solicitors will always strive to reach a speedy settlement without the involvement of the court however sometimes this is necessary and you will be advised appropriately when it is. Be ensured, the court process is designed to help and not to hinder and so one way or another, your matter can be brought to a successful conclusion.
Rose & Rose is a vibrant firm of solicitors based in the heart of both Kingston combining the exuberance of youth with a wealth of experience. Our team of professionals include ex city and west end solicitors who are diligent, enthusiastic and ready to help. Our aim is to provide an excellent, approachable and friendly service. We handle litigation, dispute resolution, divorce, employment issues, motoring offences, personal injury, wills, probate, testimonials, conveyancing, commercial and residential property and company law.