We advise on all areas of family law and relationships. Much of our work is focused on the financial elements of relationships, but we also specialise in child related work.
Our services include:
Children
Our specialist child unit offers extensive expertise in relation to national and international issues concerning children.
Our work includes providing advice in relation to :
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parental responsibility orders: where the parents are not married and the father is not named on the birth certificate, the father can only obtain parental responsibility (all the rights, duties, powers, responsibilities and authority in relation to a child) by written agreement with the mother or by a Court Order
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residence: with which parent a child should live
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contact: whether and how often a child should see the absent parent and/or other family members
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relocation disputes: where one parent wishes to relocate, nationally or internationally, with a child
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issues concerning where and how a child should be educated
We are part of the “Parenting after Parting” Resolution Committee and aim to assist parents, where possible, to achieve workable solutions which have their children’s best interests at heart. Sometimes, disputes do have to be settled in Court and we ensure that, in such circumstances, we provide clients with a dedicated and supportive team.
Our other key areas of focus include:
Adoption and fostering
This is a complex and specialist area, and we are able to assist in all types of cases, including adoption by step-parents (both heterosexual and same sex) and relatives, international adoptions and local authority cases (both adoption and fostering).
Child abduction
If a child is taken out of England and Wales without the agreement of the other parent or without a Court Order, or if a child is unlawfully removed from another country to the UK, then the parent left behind may be able to apply for an Order in the English Courts that the child be returned. Equally, if there is a concern that a child may be removed from his/her home country, then appropriate steps can be taken to prevent this. We have extensive experience of Hague and European Convention cases and provide a committed, round-the-clock service to our clients at what we understand is a difficult and emotional time.
Child finances
The Child Support Agency determines the level of child maintenance payable by an absent parent where both parents and the child are habitually resident in the UK. However, where the absent parent’s net income exceeds £104,000, it is possible to apply to the Court for “top-up” maintenance Orders and the Court also has jurisdiction to make Orders in relation to payment of school fees. The Courts may also order a parent to make a lump sum payment, or to transfer or settle property for the benefit of a child. We have significant experience of such situations and have acted on a number of cases involving high profile, wealthy absent parents.
Surrogacy
Surrogacy (whereby a woman carries a child for someone else with the intention of handing the child over at birth) is a complex area of the law and it is advisable to seek legal advice at an early stage. We have developed a particular expertise in this area. Our role is to facilitate the process for our clients who, as commissioning parents, may be a heterosexual or same sex couple. There is an increasing international element to surrogacy arrangements as more couples choose to use a surrogate abroad, and clients benefit from the links we have with specialist immigration lawyers and colleagues abroad.
Civil partnerships
Since 2005, same sex couples have been able to register their Civil Partnerships. We advise both in relation to pre-registration agreements and also in relation to the consequences of a breakdown of the Partnership.
Cohabitation disputes
The notion of a “common law marriage” is simply a myth and carries no weight in law. Despite calls for reform, the law on cohabitation remains complex and there exists a patchwork of legal remedies available. We assist unmarried clients in understanding their rights in respect of such relationships and advise on all aspects of cohabitation, including the drafting of cohabitation contracts and the resolution of issues arising from a separation.
Divorce
Adopting a pragmatic but sympathetic approach, we advise on all aspects of divorce and separation. A number of cases have an international dimension and we are experienced in advising on and dealing with jurisdiction disputes and forum shopping.
Financial claims on divorce
We specialise in assisting UK and international clients to deal with the financial consequences of divorce. Acting for a number of high profile and high net worth individuals, we adopt a creative and commercial approach to cases and provide all clients with a personalised and dedicated service. Our work regularly involves complex tax, trust, off-shore and corporate structures.
Domestic violence
Our team provides immediate advice and assistance in cases of domestic violence, and, where required, we will take emergency action for clients to obtain:
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a Non-Molestation Order: this provides Court-ordered protection for clients and their children who are subject to violence (whether physical or emotional) or harassment (or threats of violence or harassment)
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an Occupation Order: this excludes the other party from the home and the immediate surrounding area and any other designated place where violence may be perpetrated.
We have established links with the National Centre for Domestic Violence and therapists and counsellors to ensure that clients are provided with a full support network.
Enforcement
We provide advice and will take appropriate action to ensure compliance with Orders relating to finances and children and to ensure the production of disclosure and documentation in the course of proceedings. Our experience and knowledge in this area enables us to advise clients in depth on the full range of enforcement procedures available, and we are able to draw on the expertise of foreign colleagues where international enforcement issues arise.
Freezing injunctions
We have frequently acted on cases where injunctions have been sought to prevent one spouse from dissipating assets or from transferring them out of the jurisdiction, and we have extensive expertise in both obtaining and resisting such injunctions.
Pre- and post-nuptial agreements
As a result of recent developments in case law, we have seen an increasing trend towards individuals seeking to provide a framework for the division of finances in the event of separation. Our team has vast experience in drafting and negotiating both pre- and post-nuptial agreements (frequently with an international element) tailored to meet the specific needs of the client.