Frequently Asked Questions around Family Law

At present although pre-nuptial agreements are not completely water-tight its provisions will be considered as one of the many factors which a Court must have regard to, following the breakdown of the marriage or civil partnership.

There are many good reasons for entering into a “pre-nup” one of which is to hopefully reduce the scope for conflict should the relationship breakdown.

The law on adoption has recently changed and there are now a number of different options available to you, an adoption order is only one of them.

You could think about applying for a Special Guardianship order instead as it might be better for you than an Adoption order. Whatever your needs, you will find that there will be something appropriate.

If your relationship breaks down you can apply to dissolve your partnership in much the same way as divorce proceedings are commenced.

You cannot apply to dissolve your partnership in the first year following its registration. You can apply to the courts to dissolve the partnership on the grounds of your partner’s unreasonable behaviour, desertion and two years separation with consent or 5 years separation.

You can also claim financial provision in a very similar way to divorcing couples.

In the first instance you must contact the police. You may also be able to apply for a Non Molestation (Injunction) Order.

This is a court application asking the court to order your violent partner from using or threatening violence against you and forbidding him from harassing you. You can also apply for an Occupation Order asking the court to order that the violent partner be removed from your home and not to come within a certain distance of you or your home.

If your partner does not obey with these orders you can apply to the court for his committal to prison.

Collaborative law is a less adversarial approach to dealing with the unresolved issues, such as financial settlement, following the breakdown of a relationship.

The approach is to deal with issues around the table and not to go to court. The client is more in control of the process, rather than the Court and it can be less costly and more effective than the traditional method of court proceedings.

You have two options. If you are unsure about petitioning for divorce but you want to draw a line under financial matters you can enter into a separation agreement.

This agreement details the agreement reached regarding finances and the family home. If you want to proceed with a divorce financial matters can be dealt with alongside divorce proceedings.

You may petition for divorce if your marriage has irretrievably broken down and based on either adultery, unreasonable behaviour, desertion, two years separation with consent or five years separation.

If the parent with care will not allow you contact with your child we will initially write to that parent to ask for contact to be recommenced as soon as possible.

If the parent refuses to allow contact we will refer both of you to mediation in the hope of reaching an agreed pattern. If the parent with care refuses to attend mediation or mediation is not productive we will advise you to make an application to court for contact.

We will continue to make every attempt to set up contact without the need for protracted court proceedings.

Contact the Franklins team

For further advice and assistance, contact the Franklins team on 01908 660966 / 01604 828282 or email info@franklins-sols.co.uk.

Please note that we are endeavouring to keep our news and guidance up-to-date. However, as you will appreciate the landscape is rapidly and constantly changing and therefore, whilst the information provided was accurate at the time of posting the position may have since changed. We do however update our website regularly and we will effect any necessary changes and updates as soon as possible.

If you have any questions, please don’t hesitate to contact our team of experts who are on hand and ready to help you.