What Does A Family Law Solicitor Do?
View PDF | Print View
by: Guest
Total views: 15
Word Count: 652
A family law solicitor can help to make the most difficult of times less stressful, putting things into perspective and guiding you through the process involved so that you know what to expect. When facing divorce, separation, domestic abuse or other family difficulties, finding the right family law solicitor is essential.Those facing divorce will have lots of questions, most commonly in respect of the effect that a change in circumstances will have upon their financial situation. You may have come to an agreement directly with your spouse, which a family law solicitor can then advise upon, informing you whether or not it is fair for you and how to ensure that it is binding. If you have not been able to come to an agreement, a family law solicitor can guide you through the procedure and advise you on what a Court might decide in your particular case. A family law solicitor who is a member of Resolution is committed to the constructive resolution of financial division and will always try to sort things out, without the need to go to Court. He or she will do this, informally by letters, meetings or phone calls, or formally by Mediation or Collaborative Law. Sometimes though things can’t be sorted out this way and it is necessary to refer the matter to the Court. For unmarried couples considering separation, it should be noted that the current position is that people who are not married or in civil partnerships cannot use the laws available to married couples who are splitting up. There is no such thing as a “common law marriage” and cohabitants have very few rights that arise out of their relationship. A family law solicitor will need to consider each situation on its facts and investigate your rights to see what you are entitled to.Children are often caught in the middle of a divorce or separation. If you are contemplating divorce or separation from your partner, your first concern will probably be about where the children will live and how they will retain contact with both of you. Families come in all shapes and sizes and there are no magic answers to finding a solution that works for all of you. Agreements that are reached between parents are more likely to last and to be respected by all parties concerned, including the wider family. A family law solicitor can help you to achieve this. Not everybody however is able to reach agreement on arrangements for the children and, where necessary, you can ask the Court to decide the matter. Your family law solicitor will advise you on the best way of doing this. In family law, what used to be called custody and access are now known as residence and contact. The Children Act says that the child’s welfare is the paramount consideration when the Court considers any question in relation to the upbringing of a child. The Court will apply what is known as a Welfare Checklist to help it make its decision. A family law solicitor will help you to understand the Welfare Checklist. Parents may argue over their rights as parents but rather than considering the “rights” of parents, family law talks of parental responsibility for a child. A family law solicitor can advise as to what parental responsibility means.As well as parents, grandparents are also affected in a case of divorce or separation. The grandparents may want access to the children which is being denied. Family law can help mediate so that a compromise can be agreed which is suitable for all concerned. If no such compromise is achievable in a particular situation, then the matter can be referred to the Court under the same Children Act as applies to parents.A family law solicitor can help with all areas of family work including divorce, separation, children matters and all aspects of financial matters upon the breakdown of a relationship.
About the Author
Lees Solicitors LLP was established in 1889 and has experienced Family Law Solicitors who are based in offices throughout the Wirral and Chester. Lees Solicitors additional areas of expertise include Employment Law, Personal Injury and Residential Conveyancing.
Rating: Not yet rated