Family and Domestic Matters

Why see a solicitor? - See See www.cheshirefamilysolicitor.co.uk

There are a number of reasons why you may wish to contact your solicitor to discuss a family problem. You may feel that your marriage or relationship has permanently broken down or you may simply want some advice on a particular aspect of your relationship, e.g. finance or property rights.

At mosshaselhurst we have trained and experienced staff who can provide the help and support you need when you need it most.

Solicitors Family Law Association (SFLA)

We have at least one member of the SFLA in each office. The SFLA is an association of solicitors who follow a particular code Code of Practice in dealing with family matters.

The code places particular emphasis on trying to get parties to negotiate and deal with their differences in a non confrontational way.

Reconciliation

We will discuss with you the possibility of reconciliation and if you wish to pursue this avenue, we can refer you to experts who are trained to help you.

Separation

If you have a religious objection to divorce, you may wish to start proceedings for a Judicial Separation. If your marriage has not irretrievably broken down, but you wish to live apart from your spouse, we can draw up a Separation Agreement which will deal with financial and property issues.

Divorce

The court will grant a divorce if it is satisfied that the parties have been married for at least 12 months and that the marriage has irretrievably broken down. Irretrievable breakdown is established by providing one (or more) of the following facts:

Your spouse has committed adultery
Your spouse has behaved in such a way that you cannot reasonably be expected to live with him/her.
Your spouse has deserted you for a period of at least two years.
You have lived apart from your spouse for at least two years and your spouse agrees to the divorce
You have lived apart from your spouse for at least five years.

Once you decide to start divorce proceedings, we prepare your divorce Petition and the other documents required by the Court. If the Court is satisfied that you have provided the grounds of the divorce, a preliminary Decree, known as a Decree Nisi will be granted. This can be made Absolute 6 weeks later. Once the Decree Absolute has been issued, the marriage is over and you may remarry if you want.

The majority of divorces are unopposed and so are completed within six months.

Finance and Property

We will try to reach an agreement with your spouse's solicitors on financial matters including maintenance of children. Both you and your spouse have to disclose details about your income and property. moss haselhurst solicitors Northwich & Winsford, Cheshire : Katie Bailey, Winsford Solicitor Once we have all the relevant information, we can try to find an order which is acceptable to both spouses.

What if we cannot agree?

Child maintenance is decided by the child support agency.

Spousal maintenance, lump sum and property orders are decided by the court.

Children

If both parties agree on where a child will live after the parents have separated, there is no need for the matter to be referred to the court. If there is a dispute, the court will need to be involved. Even then, every attempt is made to reach agreement using trained and impartial mediators. Only if mediation fails will the matter go to final hearing before the court.