Divorce
This is an order of the court to bring a marriage to an end. To enable the court to grant a divorce it must be satisfied that the marriage has irretrievably broken down because of the fact proved by the person presenting the petition. This may be for example unreasonable behaviour or adultery.
Frequently
Asked Questions
Q
How long does it take?
A Provided there are no complications
and the divorce proceedings are not defended from the commencement of the
proceedings to the conclusion of the final decree (the Decree Absolute) it
will take between 4 and 5 months.
Q
Can I get my husband/wife out of the family home?
A If there is any violence or threats
either to the spouse or children then the answer is yes. Otherwise it is more
difficult and dependent upon what is known as 'the balance of harm' test.
The services provided by this firm are regulated by the Law Society whose
rules and regulations may be found on www.guide.lawsociety.org.uk
and is registered under VAT No: 730035482
These services are provided by solicitors who are admitted to the Roll of Solicitors
of England and Wales.
Separation
For some people divorce may not be an option. Alternatively they may wish to think about the future of the marriage. They may nonetheless wish to live separate from their partner but with family and financial arrangements in place. A solicitor can help draw up a formal separation agreement which will cover issues of maintenance, the children and the family home.
Frequently
Asked Questions
Q
It hasn't yet been decided whether there should be a divorce, but I wish to
make arrangements for maintenance. Can I do so?
A Yes. The parties can agree maintenance
provision under a Deed of Separation which is enforceable and may also be
varied.
Q
Can I stop my spouse from altering the terms of settlement of our separation
agreement when divorce proceedings are eventually issued?
A No. The law does not enable the parties
to a separation agreement where they are married to prevent each other from
being able to apply to the court.
The services provided by this firm are regulated by the Law Society whose
rules and regulations may be found on www.guide.lawsociety.org.uk
and is registered under VAT No: 730035482
These services are provided by solicitors who are admitted to the Roll of Solicitors
of England and Wales.
Cohabitation
Many people decide not to marry but to live together as a man and wife sometimes for short periods of time, but more often for years. Increasingly such relationships are being formed by people of the same gender. When those relationships break down the legal principles to be applied are not the same for those who are married. Generally there can be no continuing financial obligations between the parties. When a relationship between a cohabiting couple breaks down it is essential to seek specialist advice.
Frequently
Asked Questions
Q
I lived with my partner for 10 years and we have two children but we are now
separated. The children live with her but I see them regularly. Do I have
the same legal rights?
A No. When a child is born outside of
a marriage only the mother acquires parental responsibility and therefore
the legal status to make decisions affecting the child's welfare. The other
parent, the father, can acquire parental responsibility by agreement or Court
Order.
Q
I have lived with my partner for 15 years. I am therefore a common law wife
so I am I entitled to maintenance?
A No. There is no provision for a Court
to make Maintenance Orders where parties are not married.
The services provided by this firm are regulated by the Law Society whose
rules and regulations may be found on www.guide.lawsociety.org.uk
and is registered under VAT No: 730035482
These services are provided by solicitors who are admitted to the Roll of Solicitors
of England and Wales.
Children
Whether the parents of
children are married or not it is important for the children to establish
a positive relationship with both parents where they are separated. Contact
between the absent parent and the children enables this to be done. It can
be flexible or defined. It can be agreed without a court order or made the
subject of a Court Order if there is a dispute. The law now enables parents
to agree arrangements for children when the relationship breaks down. The
court need only to be asked to make an order where there is a dispute. The
court will only make an order if it is satisfied it is better for the children
rather than leaving it with no order in place.
The services provided by this firm are regulated by the Law Society whose
rules and regulations may be found on www.guide.lawsociety.org.uk
and is registered under VAT No: 730035482
These services are provided by solicitors who are admitted to the Roll of Solicitors
of England and Wales.
Residence
This is an Order of the Court which determines where the children should live if there is a dispute.
Frequently
Asked Questions
Q
My partner and I have separated but we are agreed that the children should
live with me and stay with him at weekends and during the holidays. Do we
need to apply to the Court for an Order.
A No. The Children Act 1989 established
the No Order principal. It encourages parents to agree arrangements between
themselves for any children. A court will only make an Order if it is better
for the children so as to reduce or avoid dispute,
Q
I lived with my partner for 10 years and we have two children but we are now
separated. The children live with her but I see them regularly. Do I have
the same legal rights?
A No. When a child is born outside of
a marriage only the mother acquires parental responsibility and therefore
the legal status to make decisions affecting the child's welfare. The other
parent, the father, can acquire parental responsibility by agreement or Court
Order.
The services provided by this firm are regulated by the Law Society whose
rules and regulations may be found on www.guide.lawsociety.org.uk
and is registered under VAT No: 730035482
These services are provided by solicitors who are admitted to the Roll of Solicitors
of England and Wales.
Public Law Proceedings / Care Proceedings
These are generally proceedings
involving a public authority and most involve children.
When the security and the safety of children is concerned Local Authorities have a statutory duty to provide facilities for the protection of children. This can sometimes give rise to children being taken away from parents or their care exercised jointly with a local authority. A Court will have to be involved for there to be any Care Orders and is an Order made by the Court where the children need to be protected.
Frequently
Asked Questions
Q
The local authority have taken my children away. I earn a lot of money and
cannot afford to pay a solicitor. How can my voice be heard?
A Public Funding ( which was formerly
known as Legal Aid ) Legal Aid where care proceedings are issued by local
authorities is non means tested and free.
Q
I do not believe that the children's views are being appropriately expressed
and think they should be represented.
A A Court will generally appoint a person
to represent the views of the children known as the Guardian Ad Litem. The
Guardian will appoint a solicitor to represent the children . The Guardian
will prepare a report to the Court to assist in the decision making process.
The services provided by this firm are regulated by the Law Society whose
rules and regulations may be found on www.guide.lawsociety.org.uk
and is registered under VAT No: 730035482
These services are provided by solicitors who are admitted to the Roll of Solicitors
of England and Wales.
Financial and Property Disputes
When a relationship breaks down there is quite often disputes over the division of property. Arrangements of this nature can be made either by a Court Order or by an Agreement. In many cases it is preferable for there to be a Court Order to ensure the financial and property arrangements are enforceable and certain.
Frequently
Asked Questions
Q
I have been married to my husband for 25 years. He has a substantial occupational
pension. Can I make a claim against my husband's pension?
A You can ask the Court to make an Order
giving you a share of his pension. This applies to all divorce petitions issued
on or after 1st December 2000.
Q
I am receiving a Maintenance Order from my husband but he does not pay it
regularly and I am considering making an application to Court to have the
order revoked but I would like a capital sum which I can invest to provide
me with a regular source of income. Can I claim this?
A Yes. As a result of a change in law
which came into effect in November 1998 a person with the benefit of a Maintenance
Order can ask for it to be discharged on payment of a capital sum.
The services provided by this firm are regulated by the Law Society whose
rules and regulations may be found on www.guide.lawsociety.org.uk
and is registered under VAT No: 730035482
These services are provided by solicitors who are admitted to the Roll of Solicitors
of England and Wales.
Child Support Act
The Act was introduced in 1993 to enable the government to determine the level of maintenance provision to be made for children. A complicated formula was initially applied in calculating the level of maintenance payable. With effect from the 3rd March 2003 a more simple formula based upon a percentage of the liable parents net income has been introduced.
Frequently Asked Questions
Q I have a child maintenance assessment under the Child Support Act. Can I agree maintenance with my husband to avoid the Child Support Agency who do not appear to be dealing with matters properly?
A Yes. If you are not in receipt of State Benefits then you can inform the Child Support Agency that you no longer wish them to pursue steps on your behalf. They are bound to accept your withdrawal of their jurisdiction. You may then proceed to agree the terms of a maintenance Order, or alternatively a maintenance agreement. Both can be enforced through the Court which would be as enforceable as a Child Support Agency assessment.
Q I have got a leaflet from the Child Support Agency explaining how to work out maintenance assessments. I cannot understand it.
A With effect from the 3rd March 2003 the formula for the assessment of child maintenance under the Child Support Act has changed. Generally the formula provides that the liable parent should pay to the parent with the care of the child the following percentage of their net income:-
(i) Where there is one
child 15%
(ii) Where there are two children 20%
(iii) Where there are three children or more 25%.
There are qualifying provisions under the regulations bringing the formula into effect which may reduce a liable person's obligations below the fixed percentage which would generally apply. It is best to seek advice or alternatively contact the Child Support Agency for clarification if this may apply to you.
Q Can I avoid having to pay maintenance through the Child Support Agency?
A
Yes. If your partner is not in receipt of state benefits and has the children
living with them then you can agree a Maintenance Order with them for the
children and ask the Court to make such an Order pursuant to either divorce
proceedings or any other applications that maybe filed with the Court. Once
such an Order has been made then unless a claim for State Benefits is pursued,
the Court retains the jurisdiction to vary or amend or revoke the Order..
The services provided by this firm are regulated by the Law Society whose
rules and regulations may be found on www.guide.lawsociety.org.uk
and is registered under VAT No: 730035482
These services are provided by solicitors who are admitted to the Roll of Solicitors
of England and Wales.
Pensions
When two people who are
married separate and divorce the court has power to make orders adjusting
pension benefits to which one or other of them may be entitled.
It is not possible to achieve a transfer of any pension benefits without a
court order following divorce
Frequently
Asked Questions
Q. I'm married to my husband for thirty years. I have no pension other than the state retirement pension . My husband has been in pensionable employment throughout our marriage. Can I make a claim?
A.Yes. You can ask the court to order a lump sum from his pension to be paid into a pension fund for you and in your name. You'll receive the benefits upon retirement. This is known as a Pension Sharing Order.
Q. What can my wife claim in respect of my pension?
A.
There are three options. First, any claim she has, can be offset by transferring
capital assets to her. Second, she may ask the court for an attachment order
payable to her when you receive your pension. Third, she may ask the court
to split your pension fund to give her an independent pension in her own name.
The services provided by this firm are regulated by the Law Society whose
rules and regulations may be found on www.guide.lawsociety.org.uk
and is registered under VAT No: 730035482
These services are provided by solicitors who are admitted to the Roll of Solicitors
of England and Wales.
About us
Symonds solicitors are a legal firm specialising in Family Law and its related topics.
The principal Martin Symonds has been a practising lawyer since 1973 and throughout that time has specialised in Family Law. He is a keen advocate and skilled negotiator.
Kay Harding, an experienced family law solicitor, joined the firm in June 2005. She specialised in Family Law at an early stage in her training as a Legal Executive which commenced in 1984. She qualified as a solicitor in 1997.
The firm adheres to the code of practice of Resolution (formerly known as the Solicitor’s Family Law Association) which encourages those involved in family disputes to resolve their differences with the minimum of animosity.
The discipline of Family Law requires those who are advising to have a VERY BROAD RANGE OF LEGAL SKILLS encompassing all aspects of the law and those with experience are in the best position to provide sound and practical advice.
This firm offers SPECIALIST ADVICE on all aspects of Family Law and associated matters.
The services provided by this firm are regulated by the Law
Society whose rules and regulations may be found on www.guide.lawsociety.org.uk
and is registered under VAT No: 730035482
These services are provided by solicitors who are admitted to the Roll of
Solicitors of England and Wales.
Civil Partnership - Same sex Couples
The Civil Partnership Act 2004 enables a same sex couple to form a civil partnership by registering as civil partners of each other, after 5 th December 2005.
This means they will then be treated in a similar way to a married couple in relation to certain benefits and obligations arising out of their relationship and in relation to (and for the benefit of) a child of them. This is a big step forward for such couples who often found they were treated less favourably following the breakdown of their relationship or on the death of their partner.
Frequently Asked Questions
Q Are we eligible and how do we register a Civil Partnership?
A A couple of the same sex may register their relationship provided they are both over the age of 18 years, are not already married or a party to an existing civil partnership and they are not closely related. A civil partnership is formed when a civil partnership document (either a licence or a schedule) is signed by the couple in the presence of each other, a Registrar and two witnesses, who also sign the document. There are certain formalities to be adhered to.
Q What happens if we wish to separate?
A The civil partnership may be brought to an end upon either party bringing an action for nullity, dissolution or legal separation or by applying for a presumption of death order. Either party may then apply to the Court for financial relief such as periodical payments, lump sum, property transfer and pension sharing orders or, for orders relating to the children.
Q What happens if my civil partner dies?
A surviving civil partner will be treated in much the same way as a surviving spouse. You may administer the deceased’s Estate, claim financial provision under the Inheritance (Provision for Family and Dependants)Act 1975, and to claim a state pension similar to that of a widower.
The services provided by this firm are regulated by the Law Society whose
rules and regulations may be found on www.guide.lawsociety.org.uk
and is registered under VAT No: 730035482
These services are provided by solicitors who are admitted to the Roll of Solicitors
of England and Wales.
4 The Crescent
Plymouth
Devon PL1 3AB
Tel: 01752 213560
Fax: 01752 213559
Contact us
If you wish to know more about any of our services, please complete and submit this form and we will reply to you shortly.
The services provided by this firm are regulated by the Law Society whose
rules and regulations may be found on www.guide.lawsociety.org.uk
and is registered under VAT No: 730035482
These services are provided by solicitors who are admitted to the Roll of Solicitors
of England and Wales.
Inheritance Act Claims
Inheritance claims may arise where a person's Will or the rules of intestacy( these apply when a person dies without making a Will ) do not make appropriate provision for the person seeking to pursue a claim. For example a spouse or dependants children who are omitted from a person's Will may have a claim against the deceased's estate under the Inheritance ( Provision for Family & Dependants ) Act 1975.
Frequently
Asked Questions
Q
I am married but separated from my husband. He has died. We never sorted out
the finances but he made a Will and did not leave me anything. Can I claim?
A Yes. Under the Inheritance Act as a
spouse you are entitled to pursue a claim against his Estate.
Q
How much am I likely to get?
A The law requires that a Court should
give consideration to similar factors to that which apply in divorce. Although
the result may not be exactly the same as if you were divorced it is unlikely
that you would be entitled to the whole of your deceased spouses estate.
The services provided by this firm are regulated by the Law Society whose
rules and regulations may be found on www.guide.lawsociety.org.uk
and is registered under VAT No: 730035482
These services are provided by solicitors who are admitted to the Roll of Solicitors
of England and Wales.