Family Law

Timetable

After one year of marriage, either party to the marriage may apply for a divorce and is then referred to as the ‘petitioner’. A completed divorce petition and a statement of arrangements for any children is sent to the court, together with the marriage certificate. A court fee (currently £550.00) has to be paid at this stage unless the petitioner is exempt from paying the court fee because of low income.

The divorce process

In most cases you are expected to try to agree the contents of the divorce petition before it is sent to the court. This makes it much more likely that the divorce will proceed without any argument. We can advise you on what particulars of behaviour will be acceptable to the court to show that your marriage has irretrievably broken down. It is not necessary to name a third party to a petition based upon adultery.

The divorce petition

All petitions follow a similar format. The final section, known as the ‘prayer’, which asks for the divorce to be granted, also deals with the question of who should pay the costs of the divorce and what financial claims are being included. There are a number of costs options to consider. Often the petition includes a request for every possible type of financial provision. This is usually advisable for procedural reasons and it does not mean that each claim will be pursued.

Arrangements for the children

The court will not make an order setting out the arrangements for the children in the divorce proceedings. If there is a dispute about the arrangements for the children that cannot be resolved any other way, for example by mediation, then the court may need to decide on the arrangements for the children in separate proceedings.

For further information about children issues on divorce follow the link.

Within a few days of submitting the petition

The court sends a copy of the petition to the other spouse, known as the ‘respondent’, or to their solicitor. A copy of the petition will also be sent to any other person named in it, who may be called the ‘co-respondent’ or ‘party cited’. The court encourages petitioners not to name any third parties because this can complicate the process.

In addition the court sends a form called an ‘acknowledgement of service’ for the respondent to complete and return to the court. This shows that they have received the documents, and asks if they intend to defend the case and whether any claim for costs is disputed.

Within 8 days of receiving the petition

The respondent has to complete and return the acknowledgement of service to the court.

If the respondent intends to defend the petition they must file a defence, known as an ‘answer’, within 29 days of receiving the petition. If an answer is filed, the proceedings then become defended and the following timetable does not apply. The court will normally list the case for a short directions hearing where it will expect the parties to try to agree how the case can proceed without a full court hearing. It is rare that defended proceedings result in a full court hearing, but a delay inevitably occurs in finalising the divorce.

If the respondent or co-respondent fails to return the acknowledgement of service you will need to prove that they have received the petition. We may need to do this by arranging for someone to serve the papers on them personally, or by asking the court to specify some other way of notifying them of the proceedings. The court may decide that there is other evidence, such as a letter mentioning the contents of the petition, which satisfies the court that the respondent has received the petition. Exceptionally the court might agree to dispense with service altogether.

Within a few days of the court receiving the acknowledgement of service

The court sends the petitioner’s solicitor a copy of the acknowledgement.

If the petition is undefended, the petitioner can then apply for the decree nisi or first decree of divorce.

The petitioner has to sign a statement which confirms that the contents of the petition are true. The statement is then filed with the court, together with a request for a date for the decree nisi to be pronounced.

Within the next few weeks

On receiving the request for the decree nisi, the district judge reviews all the papers and, if they are in order, fixes a date for the decree nisi. The solicitors for the petitioner and respondent are notified of a date for the hearing of decree nisi, at which neither party needs to attend unless the decree is disputed or there is an argument about costs. The decree nisi is then granted and a sealed copy is sent to both parties.

Six weeks and one day from grant of decree nisi

The petitioner may apply for the decree absolute, or final decree of divorce, by sending the application to the court.

The decree absolute is usually made within a few days and the marriage is then dissolved. A sealed copy is sent to both parties.

If the petitioner fails to apply for the decree absolute, the respondent may do so 3 months after the date when the petitioner could first have applied. The petitioner will be notified of this application and both parties will usually need to attend court when the judge considers the application. The judge may refuse or adjourn the application if, for example, financial matters have not been resolved and the petitioner would lose important legal or financial rights if a decree is granted.

Sometimes people are not ready to be divorced immediately, but just wish to live separately without going through a formal process. They may wish to live separate lives, sometimes in the same property, and often wish to organise their financial affairs in a way which reflects the fact that they are now living separate lives.

In practical terms, living separate lives in the same household can be difficult to manage for any significant length of time. For separation to count towards periods of time for divorce, the separation has to be substantial and you should take our advice as to what the court is likely to treat as living separately before making any decision about living together in the same property with a view to obtaining a divorce or dissolution of civil partnership based upon periods of separation.
Judicial Separation

A petition for judicial separation does not dissolve the marriage but it does allow an application to be made to the court for some of the financial orders that the court could make in connection with that divorce. For instance, the court does not have power to make a pension sharing order following judicial separation.

The procedure is very similar to obtaining a divorce and the same facts have to be proved. As the process is virtually the same, most people make the decision to proceed with divorce and judicial separation is rarely used except where there is a religious or other objection to divorce.

Where couples decide to separate but do not wish to go through divorce immediately they will often wish to reach agreement as to how financial matters should be resolved, perhaps a sale of the home or the transfer of the home from one to the other in return for the payment of a lump sum. In these circumstances it is important to record the financial agreement in a separation agreement. The separation agreement should record the circumstances of both parties and all the terms of the settlement.

Under English law it is not possible to bind the decision of the court in subsequent divorce. This means that where there is a separation agreement there is no absolute guarantee that a court in subsequent divorce will not make a different financial order from that which has been agreed. However, a court would have to take into account the fact that there has been a separation agreement and in normal circumstances the judge would have to find good reason to depart from a separation agreement entered into by the parties willingly and with a full appreciation of all the facts.

It is important to remember that even though you are separated by agreement that you still remain married. This has important consequences particularly so far as the rights to benefit under pensions or death in service payments and also the right to benefit from your spouse estate in the event of their death. It is therefore important that you make a Will to reflect the change in your circumstances and also make the necessary arrangements with employers and in relation to pension schemes.

For more information about separation and separation agreements, please contact one of our Family Law Specialists – call 01206 835320, email [email protected] or by using the enquiry form at the top of this page.

Timetable

After one year of civil partnership either party to the civil partnership may apply for a dissolution of civil partnership, and is then referred to as the ‘petitioner’. A completed dissolution petition and a statement of arrangements for any children is sent to the court, together with the civil partnership certificate. A court fee (currently £550.00) has to be paid at this stage unless the petitioner is exempt from paying the court fee because of low income.

The dissolution of civil partnership process

In most cases you are expected to try to agree the contents of the dissolution petition before it is sent to the court. This makes it much more likely that the dissolution will proceed without any argument. We can advise you on what particulars of behaviour will be acceptable to the court to show that your civil partnership has irretrievably broken down.

The dissolution petition

All petitions follow a similar format. The final section, known as the ‘prayer’, which asks for the dissolution of the civil partnership, also deals with the question of who should pay the costs of the dissolution and what financial claims are being included. There are a number of costs options to consider. Often the petition includes a request for every possible type of financial provision. This is usually advisable for procedural reasons and it does not mean that each claim will be pursued.

Arrangements for the children

The court will not make an order setting out the arrangements for the children in the dissolution proceedings. If there is a dispute about the arrangements for the children that cannot be resolved any other way, for example by mediation, then the court may need to decide on the arrangements for the children in separate proceedings.

For further information about children issues – follow the link.

Within a few days of submitting the petition

The court sends a copy of the petition to the other civil partner, known as the ‘respondent’, or to their solicitor.

In addition the court sends a form called an ‘acknowledgement of service’ for the respondent to complete and return to the court. This shows that they have received the documents, and asks if they intend to defend the case and whether any claim for costs is disputed.

Within 8 days of receiving the petition

The respondent has to complete and return the acknowledgement of service to the court.

If the respondent intends to defend the petition they must file a defence, known as an ‘answer’, within 29 days of receiving the dissolution petition. If an answer is filed, the proceedings then become defended and the following timetable does not apply. The court will normally list the case for a short directions hearing where it will expect the parties to try to agree how the case can proceed without a full court hearing. It is rare that defended proceedings result in a full court hearing, but a delay inevitably occurs in finalising the dissolution.

If the respondent fails to return the acknowledgement of service you will need to prove that they have received the petition. We may need to do this by arranging for someone to serve the papers on them personally, or by asking the court to specify some other way of notifying them of the proceedings. The court may decide that there is other evidence, such as a letter mentioning the contents of the dissolution petition, which satisfies the court that the respondent has received the petition. Exceptionally the court might agree to dispense with service altogether.

Within a few days of the court receiving the acknowledgement of service

The court sends the petitioner’s solicitor a copy of the acknowledgement.

If the dissolution petition is undefended, the petitioner can then apply for the conditional order.

The petitioner has to sign a statement which confirms that the contents of the petition are true. The statement is then filed with the court, together with a request for a date for the conditional order to be pronounced.

Within the next few weeks

On receiving the request for the conditional order, the district judge reviews all the papers and, if they are in order, fixes a date for the conditional order. The solicitors for the petitioner and respondent are notified of a date for the hearing of conditional order, at which neither party needs to attend unless the order is disputed or there is an argument about costs. The conditional order is then granted and a sealed copy is sent to both parties.

Six weeks and one day from grant of conditional order

The petitioner may apply for the final order by sending the application to the court.

The final order is usually made within a few days and the civil partnership is then dissolved. A sealed copy is sent to both parties.

If the petitioner fails to apply for the final order, the respondent may do so 3 months after the date when the petitioner could first have applied. The petitioner will be notified of this application and both parties will usually need to attend court when the judge considers the application. The judge may refuse or adjourn the application if, for example, financial matters have not been resolved and the petitioner would lose important legal or financial rights if a decree is granted.

Sometimes people are not ready to have their civil partnership dissolved immediately, but just wish to live separately without going through a formal process. They may wish to live separate lives, sometimes in the same property, and often wish to organise their financial affairs in a way which reflects the fact that they are now living separate lives.

In practical terms, living separate lives in the same household can be difficult to manage for any significant length of time. For separation to count towards periods of time for dissolution of civil partnership, the separation has to be substantial and you should take our advice as to what the court is likely to treat as living separately before making any decision about living together in the same property with a view to obtaining a dissolution of civil partnership based upon periods of separation.

Civil Partnership Separation Order

A petition for a separation order does not dissolve the civil partnership but it does allow an application to be made to the court for some of the financial orders that the court could make in connection with that dissolution of civil partnership. For instance, the court does not have power to make a pension sharing order following separation order.

The procedure is very similar to obtaining a dissolution of civil partnership and the same facts have to be proved. As the process is virtually the same, most people make the decision to proceed with dissolution of civil partnership and a separation order is rarely used except where there is a religious or other objection to dissolution of civil partnership.

Where couples decide to separate but do not wish to go through dissolution of civil partnership immediately they will often wish to reach agreement as to how financial matters should be resolved, perhaps a sale of the home or the transfer of the home from one to the other in return for the payment of a lump sum.  In these circumstances it is important to record the financial agreement in a separation agreement. The separation agreement should record the circumstances of both parties and all the terms of the settlement.

Under English law it is not possible to bind the decision of the court in subsequent dissolution of civil partnership proceedings. This means that where there is a separation agreement there is no absolute guarantee that a court in subsequent dissolution proceedings will not make a different financial order from that which has been agreed. However, a court would have to take into account the fact that there has been a separation agreement and in normal circumstances the judge would have to find good reason to depart from a separation agreement entered into by the parties willingly and with a full appreciation of all the facts.

It is important to remember that even though you are separated by agreement that you still remain civil partners. This has important consequences particularly so far as the rights to benefit under pensions or death in service payments and also the right to benefit from your civil partner’s estate in the event of their death. It is therefore important that you make a Will to reflect the change in your circumstances and also make the necessary arrangements with employers and in relation to pension schemes.

For more information about separation and separation agreements, please contact one of our Family Law Specialists – call 01206 835320, email [email protected] or by using the enquiry form at the top of this page.

At Fisher Jones Greenwood we can help anyone suffering from significant domestic abuse who needs the protection of a court injunction. There are two types of injunction orders:

Non-Molestation Orders prevent someone from being violent, abusive, threatening, intimidating, attending at your workplace or communicating with you.

Occupation Orders which regulate the occupation of a family home and how costs such as rent or mortgage should be paid.

There are a wide range of people that we can help in these situations:

– Wives and former wives
– Husbands and former husbands
– Civil partners and former civil partners
– Cohabitants and former cohabitants
– Close relatives – such as parents, siblings, uncles, aunts
– Parties in an intimate relationship
– Same sex couples

In these situations, our experienced team of experts will look to help you as quickly and efficiently as possible:

Speed – Due to our proximity to the Colchester and Chelmsford courts, and the good working relationship our team have with the court staff, we can often obtain injunctions within one hour.

Convenience – We can meet clients in our offices in Colchester, Chelmsford, Billericay, Clacton-on-Sea and Holland-on-Sea. If it is necessary to attend court to give evidence, then the cost of travel to Court may also be covered by legal aid if you are eligible.

Experience – With experts based at all our office locations, our team has years of experience in dealing successfully with domestic violence cases and will make sure that you always get the best possible service.

We know how serious domestic violence can be, so if you are suffering from domestic abuse then please get in touch with our understanding team of Domestic Abuse Specialists today. As we deal with a wide range of services for individuals, we may also be able to help with any other family, matrimonial, housing, criminal or commercial problems that you may have.

A forced marriage is one where a party is coerced into entering the marriage against their will so that the marriage takes place without the willing consent (or lack of ability to consent with certain disabilities) of both parties.

Forced marriage is an abuse of human rights and a form of domestic/child abuse. It is never acceptable nor justifiable on religious, cultural or any other grounds. The UN Convention on Consent to Marriage states that “No marriage shall be legally entered into without the full and free consent of both spouses”.

A forced marriage is not the same as an arranged marriage. Arranged marriages are an important part of some cultures and religions. In an arranged marriage there is always a choice and either party can reject any proposed arrangement

Pressure to enter into a forced marriage may come in several forms including:

• physical threats
• physical abuse
• emotional blackmail

Pressure may come from the other party to the proposed marriage, other family members, third parties or a mixture of both.

There are different remedies available to assist and protect, depending on whether the victim is an adult (over 18) or a child. We can help advise you on your options, assist you in accessing those remedies and discuss safety plans.

One possible remedy is a forced marriage protection order. An application can be made by a victim or certain third parties on their behalf. A power of arrest can also be attached which means that if the order is breached then the police can arrest the person or persons who breach the order.

If you have experienced a forced marriage or feel you are being forced into a marriage to which you do not consent, then please get in touch with our team of Domestic Abuse Specialists today – call 01206 835320, email [email protected] or by use the enquiry form at the top of this page.

Colchester & Tendring Women’s Refuge   www.colchester-refuge.org.uk    T: 01206 500 585

Chelmsford Women’s Aid  T: 01245 493114

Basildon Refuge    T: 01268 581591

Safer Places  www.saferplaces.co.uk  [email protected]    T: 03301 025811

Women’s Aid    www.womensaid.org.uk    T: 0117 944 4411

Shelter    www.shelter.org.uk    T: 0808 800 4444

The Freedom Programme    www.freedomprogramme.co.uk    T: 01547 520228 / 24 hour hotline: 0808 2000 247

Home Start    www.home-start.org.uk    T: 0800 068 63 68

Essex Police    www.essex.police.uk    T: 01245 491 491 – Ask for the DVLO (Domestic Violence Liason Officer)

Citizens Advice Bureau    www.citizensadvice.org.uk    T: 08444 770 808

Samaritans    www.samaritans.org    T: 0845 7909 090

Chelmsford Borough Council Domestic Abuse Page     www.chelmsford.gov.uk

Colchester Borough Council    www.colchester.gov.uk

Forced Marriage Unit on the FCO website     www.fco.gov.uk

Mankind Initiative     www.mankind.org.uk

We will do our best to help you resolve your problems without going to court.  We offer a number of alternative ways for separating couples to resolve financial issues, including collaborative family law and family arbitration. You will find a guide on selecting the right option for you prepared by Resolution here.

How are financial matters decided if you are getting divorced or applying to dissolve your civil partnership?

The overall objective is to achieve fairness. However, a court’s decision on what is fair is governed by S.25 of the Matrimonial Causes Act 1973, interpreted in the light of guidance provided by previous decisions which are binding upon it. It is important to understand what a court would regard as fair, because, even if you reach an agreement, it only becomes absolutely binding once the court has made an order, which it will only do if the judge considers it to be fair.

First consideration is always given to the welfare of any child of the family who has not attained the age of eighteen.

Then the court applies S.25(2) MCA 1973, which is reproduced here. The court’s approach is often summarised under the following heads:

Needs: Meeting the needs of the parties is often the overriding factor

Sharing: Once the needs of the parties have been met, how should any remaining assets be shared?

Compensation: Has one party given up something, for example a well-paid career to look after the children, for which they should be compensated?

Balancing these factors can be complicated and expert advice as to how a court would apply the law is essential.

Special considerations apply to the following:

Businesses

Sometimes one or both parties may be involved in running a business. It is important to ensure that proper account is taken of the value of the business. This can be simply a question of looking at its balance sheet but on other occasions, an expert valuation is required. Often a business will provide the main income for the family and creative solutions may be needed to ensure that the income generation of the business is not prejudiced. Financial arrangements concerning businesses can also raise taxation issues which need to be addressed as part of any financial settlement.

Family assets, for instance properties, can be held inside limited companies and expert advice is required before deciding how these should be dealt with.

Inheritances and other contributions from outside the marriage or civil partnership

The question of how inheritances or other contributions from outside a marriage or civil partnership should be dealt with can often cause complications, particularly in determining the extent to which they are matrimonial property and how they may need to be used to meet the parties’ needs.

Pensions

Pensions can sometimes be worth hundreds of thousands of pounds. The CEV provided by pension providers does not always provide an accurate reflection of the true value of the pension. A pension can be regarded as a capital asset, or as an income stream, or sometimes both, depending on the circumstances of the case, and expert advice should always be sought. Sometimes a pension actuary’s report is required, to provide expert guidance as to how a pension asset should be shared.

Pensions can be shared, used to provide lump sums or maintenance or offset against other assets. The solution needs to be tailored to each individual case. If a pension is to be shared, we have links with financial advisers who are accredited to deal with pensions in connection with divorce to whom we can recommend you for advice as to your options, ensuring you make the best decisions to meet your future pension needs.

Mortgages

If a property is to be transferred from one party to another, the receiving party cannot always secure the release of the transferor from the mortgage. They will be expected to do their best to do so, but if they cannot, this can leave the transferring party liable for a mortgage on a property he or she does not own, unable to obtain a new mortgage, and potentially liable for debt, or damage to their credit rating, if the mortgage goes into arrears or if the property is repossessed.

Life Policies

A life policy or other investment should never be surrendered or cashed in without taking the advice of a qualified financial adviser, as valuable benefits could be lost forever. We have links with financial advisers who are accredited by Resolution to deal with assets in connection with divorce who can provide you with advice as to your options.

If there is to be continuing maintenance for a spouse or civil partner or for children, a security or policy may be required to provide that the payments continue in the event of the paying party’s death or illness.

Spousal or Civil Partner Maintenance and Clean Breaks

Sometimes continuing maintenance for a spouse or civil partner is appropriate, which may be for the parties’ joint lives or for a fixed period. If there is to be no continuing maintenance, additional capital provision is sometimes made to reflect this on a ‘clean break’ basis.

The parties’ rights to claim against the estate of other on death may also need to be dismissed as part of a clean break.

Maintenance for Children

Financial provision for children may also need to include private school fees or health insurance. Provision can be agreed and, if so incorporated into a court order but if it cannot be agreed an assessment may have to be made by the Child Maintenance Service (CMS), previously the Child Support Agency (CSA).

It is a myth that unmarried couples acquire a financial interest in the other’s property because they have lived together and have become a so-called ‘common law’ husband or wife. Unmarried couples do not have the same rights as couples who are married or civil partners.

There is no one law that governs the financial circumstances of unmarried couples if they separate. Instead, if agreement cannot be reached, financial issues are resolved using a number of different legal principles including property and trust law. This can be extremely complicated and you should obtain legal advice on your specific circumstances.

If you own your property jointly, then the terms of the title documents will be relevant. However, in determining when a property should be sold the court will have to consider a number of factors, including the purpose for which a property was acquired and the welfare of a child under the age of 18 for whom the property is a home.

If you occupy a property in the name of the other person then you may not have any rights at all, other than a right not to be evicted from your home without a court order. However, you may acquire rights if you have contributed financially or something which has a financial value, or if there was an understanding that you would have a financial interest in a property.

You will not have a right to claim maintenance for yourself, although if you have children living with you, you may have a right to claim child support for them, and also lump sum payments provided that you can show that they are for the benefit of the child. You may be able to obtain an order that allows you to continue living in the family home while the children living with you are under 18.

As disputes between unmarried couples frequently involve a dispute about who said what and whether there was ever any intention to share in property, a properly drafted agreement entered into at the commencement of a relationship, setting out a couples’ financial circumstances and recording what their intentions are with regard to those circumstances, has the potential to avoid future costly court proceedings in some cases (see living together agreements).

Stepchange Debt Charity

the Money Advice Service

National Debtline

It is not possible to enter into an agreement that prevents a court in England and Wales from exercising it’s powers on a divorce or dissolution of civil partnership.

However, in a leading case in 2010 the Supreme Court in England recognised that an agreement entered into before a marriage, and the same would apply to a civil partnership, may make provisions that are different from what a court would otherwise consider to be fair. It said that in those circumstances, the principle to be applied is that a court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless, in the circumstances prevailing, it would not be fair to hold the parties to their agreement.

Nuptial agreements can be made before or during a marriage or civil partnership and, if entered into in connection with a couples’ separation it is usually referred to as a separation agreement.

No one should enter into a pre-nuptial agreement and not expect to be held to its terms by a court in subsequent divorce or dissolution of civil partnership proceedings.

The court also said that a nuptial agreement cannot be allowed to prejudice the reasonable requirements of any children of the family, but respect should be given to the rights of individuals to make their own decisions and to the reasonable desire to make provision for existing property and that in the right case a nuptial agreement can have decisive or compelling weight.

Nuptial agreements are often entered into by couples who are financially independent or who have wealth that is inherited or from a previous relationship which they agree should be preserved for future generations.

In subsequent divorce or dissolution proceedings a court will still have to consider the factors set out in the Matrimonial Causes Act, so it is important to take advice as to how a court would view the settlement terms in a subsequent divorce or dissolution. First consideration remains the welfare of the children of the family. The court would almost certainly wish to see both parties reasonable needs met, in so far as this is possible.

Any agreement should also take into account a couples’ future plans, including whether they intend to have children, and whether the agreement should be reviewed after a period of time or in the light of a change of circumstances and what should happen to jointly acquired property.

For more information about nuptial and other family agreements, please contact one of our Family Law Specialists – call 01206 835320, email [email protected] or by using the enquiry form at the top of this page. It is usually possible for us to prepare a nuptial agreement or other family agreement for a fixed fee.

The advice on this website is provided for general information only and is not intended to constitute legal advice. You should not act or rely on any of this information, but should seek legal advice on your particular circumstances.

Adults

If you are over 18 years old, you may change your name whenever you want.  You do not have to follow a legal procedure to change your name,  but you may need evidence of your change of name to provide to change official documents, for example your passport or driving licence.

Fisher Jones Greenwood can provide you with a change of name deed for this purpose.  You will need to provide us with certain details and once we have drafted the document, you can attend at one of our offices in order to sign the Deed and this will be witnessed by one of our solicitors.  We then will provide you with six certified copies for you to send to the relevant organisations.

Young People

If there is a child arrangements order (specifying with whom the child should live), care or special guardianship order in force dated after 1 September 2009, this will last until the child reaches 18 unless the court directs otherwise.  Here, consent to the change of name from everyone with parental responsibility will be required until the child reaches 18.

Otherwise young people are legally entitled to execute a change of name deed from the age of 16 years without parental consent unless there is a court order in force which prohibits the change of name.

Legally, the decision to change their name is their own and there will, in general, not be good reason why the wishes of someone with parental responsibility should override the wishes of the 16 year old unless there are exceptional factors that need consideration.

Children

For a child under the age of 16, any parent with parental responsibility can sign a change of name deed, but you will need the other parent’s consent, whether or not there is a child arrangements order in force.

If the other person will not give their consent, then you can make an application to the court for a specific issue order or a prohibited steps order, so the court will decide.  If the child is over 16 years old, they must also consent to the change of name.  The court, in these cases, will have regard to the welfare checklist.

The court is very clear, however, that changing a child’s name is a major step and should not be undertaken lightly, the courts also take into account the importance of the child’s identity and the recognition of the biological link with the child’s father.

Our firm will, therefore, not carry out a change of name deed for a child, without the consent of both the child’s parents.

For an adult it is £100 plus VAT and for a child it is £125 plus VAT.

See our fixed fee pages for further details.

Yes, because your signature (and that of the child’s father on a change of name deed for a child) will need to be witnessed by one of our family law specialists.

In order for Fisher Jones Greenwood to prepare a change of name deed on your behalf, you will either need to attend the office with the father of the child in order to both sign the deed or to bring in a written letter of consent from the father of the child.

If you are on good terms with your ex-partner, you can speak to them directly about the issues and attempt to come to an agreement. However, in situations where there is the emotional turmoil of a relationship breakdown as well as the restructuring of lives that follows, it is sometimes difficult to be objective. There are also often complex issues such as pensions that need to be considered.

It is important that you seek independent legal advice so you are aware of your position before entering into any discussions so that you ensure that you have considered all the relevant issues and have all the information that you need. You should also make sure that you have legal advice before finalising any agreement, to ensure that what you have agreed is fair to both of you and so that it can be explained to you how the agreement should be organised to comply with legal requirements.

Should you reach a private agreement between yourselves, you should have the agreement recorded in a separation agreement or preferably made into a court order by consent. If you do not do so, you run the risk of the other person coming back, sometimes at a much later date, and asking for a financial order at that time.

Mediation is a flexible, speedy, and cost-effective way to resolve disputes. It is a confidential process that enables you and your ex-partner to explain and then discuss what your needs and concerns are to each other in the presence of an independent third party – a trained mediator – so that you can reach an agreement between yourselves. The mediator is neutral, so they will not take sides or give advice. It is important that you seek your own legal advice before attending mediation so that you know the process, have information about the things that you need to discuss, and understand the implications of any proposals which might be raised. If you reach an agreement, the mediator will prepare a summary of this (called a ‘Memorandum of Understanding’) and if you are both happy with the contents, Fisher Jones Greenwood can arrange for this to be formalised.

Anyone wishing to apply for a court order linked to either children or financial matters as a result of the breakdown of their relationship is required to undertake a mediation information and assessment meeting (MIAM) with a trained mediator first (unless they can show they are exempt from having to consider mediation, for example, if domestic violence is involved).

Mediation can be particularly beneficial where there will be a continuing relationship following dispute resolution – such as in family cases. It can reduce hostility and improve chances of long-term co-operation between parents and couples.

Fisher Jones Greenwood has trained mediators, who can undertake an assessment meeting with you. Please see our separate mediation pages for more information.

Collaborative family law is a different approach to resolving divorce and family disputes without the financial and emotional expense of going to court.

In collaborative family law, you and your partner sit down with your solicitors and openly and honestly work out all the issues in a dignified and respectful way.

Collaborative family law is less confrontational and is focused on finding solutions leading to an arrangement on which you have both agreed and which works best for you and your family. It provides an alternative to the uncertainty of the decision being taken out of both of your hands by a judge in court.

How does the process work?

The process itself consists of a series of meetings.

You will both already have met with your collaboratively trained solicitors as part of a screening process, where your solicitor would have examined the various ways of resolving disputes in order to discuss with you if the collaborative process is right for you.

Four-Way Meetings

Issues are discussed by you, your partner, and your respective solicitors in a series of four-way meetings. The number of meetings which may be necessary will vary from case to case depending on your individual circumstances.

At the first four-way meeting, both solicitors will make sure that you both understand the process and are committed to resolving matters without court proceedings. If everyone is happy to proceed, an agreement called the ‘Participation Agreement’ will be signed to confirm that the Collaborative process will be used. This agreement is records that everyone is committed to finding the best solutions by agreement. It records that the solicitors will not represent you in court proceedings except to put any agreement into effect. This is important because it re-enforces the commitment of both parties and the solicitors to reaching an agreement in the collaborative process.

Further four-way meetings

Subsequent meetings will usually take place to deal with exchange of financial information and may involve other professionals, for example, financial advisors, family consultants, pension consultants, accountants, or valuers if their contributions will be helpful. These experts can advise both of you with a view to producing a broader range of more creative solutions for the benefit of you and your family.

Once all the matters are resolved, a final meeting will take place at which documents prepared by the solicitors setting out the agreements reached will be signed and, in financial cases, will usually be sent to the court with a request that an order is made by consent in the agreed terms.

Family arbitration is a form of dispute resolution for resolving financial disputes in family cases.

Arbitration is an established way of resolving disputes which has been used for many years in commercial contracts and business agreements. It is now available in family cases involving finances and property arising from marriage, civil partnership or other relationship breakdown.

Family arbitration is also suitable for financial claims on relationship breakdown where there are children (under the Children Act 1989), claims over ownership of land (under the Trusts of Land and Appointment of Trustees Act 1996) and claims against a deceased person’s estate (under the Inheritance (Provision for Family and Dependants) Act 1975).

Our head of the family team, Simon Osborn, is a qualified family arbitrator and a member of the Chartered Institute of Arbitrators. Simon is available to either act as family arbitrator at any one of our six offices across Essex and in London, or to represent you in your family arbitration. Simon can be contacted by telephone call 01206 835326 or at [email protected].

We will discuss with you what you wish to achieve, usually focussing firstly on the needs of any children, and the needs of both parties.

In financial cases we will advise you what, and how much, information you will require to exchange with your partner and will help you understand what it means.

We will discuss with you how a court would look at your circumstances and then negotiate with your partner’s solicitor to try to reach an agreement. This can be done in writing or at a round the table meeting.

Once an agreement has been reached we will advise you how to record that agreement in writing so that it becomes binding to both of you.

The vast majority of family cases are resolved by agreement and do not involve any attendance at court. However, sometimes court proceedings are inevitable where parties cannot reach agreement or there are issues around urgency or safety for example, in relation to child abuse or domestic violence.

If you do need to attend court, at Fisher Jones Greenwood we have one of the strongest teams of family law specialists in the East of England offering family services from our six offices located across Essex and in London.

The strength of our team means that we offer a complete range of family services.

Our Public Law Specialists represent both parents and children. Our Domestic Abuse Specialists work closely with refuges and other agencies to assist victims of domestic abuse. Our Financial Specialists are experienced in dealing with complex financial cases often involving family businesses, pensions, multiple properties, and assets abroad.

We also have Children Specialists who assist parents in resolving issues about the arrangements for their children. Our experience includes dealing with the most complex cases including cases where children have been taken, or are about to be taken, abroad.

Our Family Law Specialists are trained at the highest level. In our experienced team, we have Resolution accredited specialists in areas which include financial remedy, children matters, and domestic abuse, solicitors who are specialist members of The Law Society’s Children Panel, and Solicitors who are qualified to practice as Higher Court Advocates. If clients need to be represented in court proceedings they can be sure that they will have the best possible representation.

At Fisher Jones Greenwood we have always been at the forefront of providing innovative services to our clients. We were one of the first firms in the area to offer our leading Fixed Fee Divorce Package which has now been further developed as a result of a joint venture with the Essex University Business School.

While many of our clients appreciate the level of support and experience which full representation by our family team can bring to their case, we understand that some clients wish to undertake part of the legal process themselves. Government cuts also mean that very few now qualify for Legal Aid and everyone needs to work to a budget. We are therefore pleased to offer the Fisher Jones Greenwood Pay-As-You-Go service. With this service, you maintain control of the costs as you only pay for the time which you spend in meeting with us.

You are responsible for corresponding with your former partner or their solicitor and the court, although we can assist you in preparing draft letters during your meeting with us. You are responsible for completing forms or drafting documents, although, again, we can assist you in completing these in your meeting with us.

You take responsibility for complying with any directions made by the Court and attending Court hearings, although, in your meetings with us we will be able to provide you with guidance on what is likely to happen at Court and how you can best prepare for it. If you wish us to represent you at a court hearing we can provide you with a separate fixed fee service for representing you, which is dependent on the type of case and the length of time which the hearing is likely to take.

The time that you spend with us is charged at a fixed amount for every 6 minutes (10 units per hour) which is dependent on the level of experience of the person providing you with the advice. As you would expect, the cost of being advised by one of our senior family partners, all of whom have more than 25 years experience in family law, will be more than one of our solicitors with less years experience. However, it is possible for you to switch between different levels of solicitor depending on how the complexity of your case changes.

Pay-As-You-Go is not suitable for everyone. If you, or we, feel that a different level of service, such as full representation, is right for you, then it will be possible for you to switch to that service.

Your first meeting with us will normally be with one of our senior family partners who will be able to advise you where you stand, how we can help, and the appropriate service for you. This interview is available at a reduced cost of £150.00 including VAT for up to 1 hour.

Pay-As-You-Go is an adaptable, flexible service which can be tailored to your individual needs and financial resources.

For further details about our Pay-As-You-Go legal services, please contact one of our Family Law Specialists – call 01206 835320, email [email protected] or by using the enquiry form at the top of this page.

At Fisher Jones Greenwood we have developed a number of fixed price packages where circumstances are straight forward.

A fixed price package is not suitable for everyone, and we also provide other options including our Pay-As-You-Go and our full-service package.

If you have any further questions, or if you wish to discuss which is the most suitable option for you to proceed, please call one of our Family Law Specialists on 01206 835320 in order to make an appointment for our Know Where You Stand interview for only £150 inclusive of VAT or make an enquiry.

Borrowing from specialist lenders

There are some specialist lenders who are able to provide loans to cover legal costs in financial proceedings, on the basis that the loan is repaid from the monies or property recovered at the end of the case. We are approved to carry out work under such arrangements with Novitas. It is important to understand that this is just one option of funding your case, and may not be appropriate for you.

Borrowing from banks

Sometimes, borrowing from banks over a relatively short term can be an option to meet legal costs. It is, however, important to take financial advice prior to taking a loan, to ensure that the arrangement being offered is suitable for your circumstances.

Borrowing from relatives

Relatives may be prepared to lend parties funds to cover legal costs in court proceedings. Sometimes this is on the basis that the relative will be repaid the monies lent once the proceedings have been concluded, out of monies or property which have been recovered or preserved. It is important that repayment arrangements are clearly recorded so that this liability can be taken into account when financial matters are dealt with within the proceedings.

As Family Law Specialists we aim to provide a clear pricing structure so that you know what charges are likely to be made for your legal work. We will provide you with an estimate of our costs at the outset and keep you informed of any changes as your case progresses. Each month we will give you a clear bill which shows the work done and the amount charged.

In common with most solicitors, we will request payments on account to cover the work to be carried out on your file and to meet any expenses which may be incurred on your behalf.

Disputes between parties to a marriage, civil partnership, or couples who have been living together, regarding breakdown of a relationship, children, or finances are known as ‘private law proceedings’.

Legal aid is no longer available for these proceedings unless the client can show they are a victim of domestic violence at the hands of the other party, or a child is at risk of abuse. Legal aid is also still available to people who are mediating, this is called help with mediation.

Legal aid is only available to people of limited means (except care proceedings).

If I get legal aid, will I have to repay the money?

Where there are capital sums or property are involved in the dispute, you may find that you will have to refund the cost of the case after the proceedings (this is called the ‘statutory charge’). This may be in the form of installments or a charge on the family home.  However, please note that if you are receiving help with mediation, the statutory charge does not apply and you will therefore not have to repay your legal costs.

To find out if you are financially eligible for legal aid please see www.gov.uk/check-legal-aid

With offices in London, Chelmsford, Colchester, Billericay, and Clacton-on-Sea, we are ideally positioned to serve clients throughout Essex and London. For more information about legal aid and to find out if you are eligible, please call one of our Family Law Specialists, or make an enquiry 

The advice on this website is provided for general information only and is not intended to constitute legal advice. You should not act or rely on any of this information but should seek legal advice on your particular circumstances.

In certain circumstances, individuals may not have to pay a court fee.  A system of fee waivers is available to those who would have difficulty paying a court fee and who meet the appropriate criteria.  An individual may be eligible for a full remission, where no fee is payable, or a part remission, where a contribution towards the fee is required.

The leaflet ‘Court Fees – Do I have to pay them?’ (EX160A) explains what information the court needs to work out if you are eligible for a remission of the court fee.

This leaflet also includes the application form which must be completed in full and sent to the court together with all relevant supporting evidence.  This supporting evidence must be dated within the time limits contained within the guidance.

More than one fee may be payable during the course of court proceedings.  A separate remission application form must be completed for each fee.

Once you have completed the EX160A form, you can find out the exact amount you will have to pay by viewing the court’s ‘Extended table of contributions’ (Leaflet EX160C)

There is also a free online calculator which will help you work out if you are eligible for a remission.

If you wish to issue an application in court for a family-related matter, or if you have any further questions regarding court fees, please contact our Family Law Specialists for advice and assistance – call 01206 835320, email [email protected] or by use the enquiry form at the top of this page.

Legal aid is available for injunctions.

We can assist, advise and represent you, if you are a party to an action for an injunction, restraining order, non-molestation order or occupation order.

For these matters, you will have to show that you pass the means test and that your case has a reasonable chance of success.

What is Domestic Violence?

Domestic violence is defined as ‘any incident, or pattern of incidents, of controlling coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other‘.

To show that the client has been a victim of domestic violence, legal aid requires proof of evidence of an incident, that must have occurred within the last 2 years.

Evidence could be:

• A relevant conviction or police caution in respect of a domestic violence offence
• Evidence of criminal proceedings for domestic violence that have not yet been concluded
• Protective injunctions of most types
• An undertaking given by a court in respect of non-molestation
• A court finding that there has been domestic abuse
• A letter from a GP or medical professional confirming domestic violence
• A letter from Social Services confirming that the client has been a victim of domestic violence or was at risk of domestic violence
• A letter or report from a domestic violence support organisation that the client has been admitted to a refuge overnight
• A letter from a multi-agency risk assessment conference (MARAC) confirming that the applicant is a high-risk victim and that a plan has been put in place to protect them

You only need one of the above, and these letters must be provided to the solicitor in a specific way; they must be on headed or other identifiable note paper. No work can be undertaken under legal aid until such evidence is provided.

Further details in relation to the evidence needed, and template letters that can be sent in order to request evidence can be found here.

If you are a party to an application for any of the above Orders, or you are in a situation which may require one, please contact our Family Law Specialists – call 01206 835320 or email [email protected] for more information.

We can provide legal aid help to anyone caring for a child to protect the child from the risk of abuse or neglect by another party, for example by applying for a child arrangements order.

Child Abuse

Child abuse is defined as ‘physical or mental abuse, including sexual abuse and abuse in the form of violence, neglect, maltreatment or exploitation; a child is a person under the age of 18 years‘.

To show that a child is at risk of abuse, legal aid requires evidence. Evidence could be:

• That the child is subject to child protection procedures (a letter from social services stating that there is a child protection plan in place to protect the child from abuse, or a copy of the plan)
• Evidence of a child abuse offence, in the form of an unspent conviction, a relevant police caution, ongoing criminal proceedings or a relevant protective injunction
• A letter from social services stating that the child was assessed as being, or at risk of being a victim of child abuse

You only need one of the above. These letters must contain specific wording and must be on headed or other identifiable note paper. We can provide you with template letters showing the wording required.  No work can be undertaken under legal aid until such evidence is provided.

Further details in relation to the evidence needed, and template letters that can be sent in order to request evidence can be found here.

To find out if you are eligible financially for legal aid please see www.gov.uk/check-legal-aid

For more information about legal aid for child protection and to find out if you are eligible, please contact our Family Law Specialists – call 01206 835320 or email [email protected].

You may be eligible to receive legal aid for representation in an application for a forced marriage order.

For further information please see our forced marriage order information page.

Legal aid is available (subject to a means test) to provide advice for people going through mediation. You can check your eligibility at www.gov.uk/check-legal-aid or ask your mediator if you are eligible for Help With Mediation.

Our Family Law Specialists can advise you throughout the process of mediation and if you reach an agreement in mediation, the mediator will prepare a summary of this (called a “Memorandum of Understanding”) and if you are both happy with the contents, Fisher Jones Greenwood can provide advice on the terms of the summary, arrange for this to be formalised and incorporated in a court order if appropriate.

Mediation is a flexible, speedy and cost-effective way to resolve disputes.  It is a confidential process that enables you and your ex-partner to explain and then discuss what your needs and concerns are to each other in the presence of an independent third party – a trained mediator – so that you can reach an agreement between yourselves.  The mediator is neutral, so they will not take sides or give advice.

Before attending mediation, you should consider seeking your own legal advice so that you have information about the things that you need to discuss, and understand the implications of any proposals which might be raised. We offer a £99 fixed fee interview which is suitable in this situation, allowing one of our Family Law Specialists to advise you.

For more information about legal aid for family mediation and to find out if you are eligible, please contact our Family Law Specialists – call 01206 835320 or email [email protected].

We can act for you under Legal Aid if you are seeking:

• To secure the return of a child who has been unlawfully removed within the United Kingdom
• To prevent their unlawful removal from the UK
• To secure the return of a child who has been unlawfully removed from the UK

These proceedings would be by way of an application for:

• A prohibited steps order
• A specific issue order
• Registration of an order relating to a child
• Disclosure of the child’s whereabouts
• An order for the child’s return

A child here, has to related to the person applying for the above orders, this means that you would have to be the child’s parent or have parental responsibility for the child. A child means a person under the age of 18.

International Child Abduction

Where a child has been abducted and taken from the UK to a country who is party to the Hague Convention (or abducted from another country and brought to the UK), legal aid may be available for the person from whom the child has been abducted. This will be subject to the Legal Aid Agency’s means test. The other person, who abducted the child may not be eligible for legal aid, unless they fall under one of the other categories eligible for legal aid with the evidential requirements. (see child protection, injunctions, care proceedings, adoption, forced marriage orders).

If a child has been abducted from the UK and then returned, the person from whom the child has been abducted may be able to get legal aid, subject to the means test, but the person who abducted the child, will not be able to.

Useful links

ICACU – Telephone No: 020 3681 2608 (telephone lines are open Monday to Friday 10am to 4pm)

For more information follow this link.

Reunite is the leading UK charity specialising in international child abduction and provides support, advice and information to parents, family members and guardians who have had a child abducted or who fear abduction.
Reunite International Child Abduction Centre – Telephone no: 0116 255 6234, email: [email protected], website: www.reunite.org

If your child has been abducted or is at risk of being abducted, please contact Charlotte Knappett immediately for advice and assistance on 01206 835320 or email [email protected].

Adoption has a number of important legal implications, and anyone involved in adoption proceedings should take legal advice as early as possible. These are court proceedings, and the confidential nature of adoption procedure makes it all the more important to get legal representation simply to find out what is actually happening.

Where the parents have clearly indicated consent to adoption, legal representation may not strictly be necessary, and sometimes the adoption agency provides all the help that is needed to explain and help with the court procedure. However, legal advice may, in fact, be most helpful, even if it only concerns making a Will.

In contested proceedings (where there is no parental consent), legal representation is essential. It is doubtful that birth parents would qualify for legal aid but some local authorities will meet the cost of representing the adopters if they do not qualify for legal aid.

In either case, make sure the solicitor is a member of the Children Panel, details of which are in the Law Society Directory, who have been accredited to represent children and others in care and/or adoption cases.

As one of the largest family law departments in East Anglia, with a legal aid franchise and members of the Law Society’s Children Panel and Resolution, our solicitors have wide-ranging experience concerning children law cases.

If you have any further questions regarding the orders which courts can make within care proceedings, please contact our Family Law Specialists – call 01206 835320 or email [email protected].