Family Law

Whether you are married, living together, separated or divorced we at The Northwood and Burnham Law Practices can offer you specialist advice and assistance in all aspects of family law. The Principal at our Practice is an Accredited Resolution Specialist in Family Law, and thus has been recognised for her expertise in this area.

The main areas of work are:

  • Divorce and Separation.
  • Children including Residence, Contact, Parental Responsibility.
  • Matters involving children where the Social Services are involved (Care Proceedings).
  • Financial, Negotiation of Financial Arrangements in Divorce and Separation.
  • Domestic Violence and Harassment.

Divorce

The process of obtaining a divorce is usually relatively straight forward. In fact for a straight forward divorce it is unnecessary for the parties to attend court. The grounds for divorce are based on irretrievable breakdown of marriage. However, this has to be based on one of five facts:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Two years separation with consent
  • Five years separation

How much does divorce cost?
If you are unemployed or on a very low income, you may be eligible for advice under the Legal Help Scheme. The costs for a petitioner for a straight forward divorce without legal help are approximately £750.00 plus VAT and Court Fees. This does not however include advice regarding financial settlements or children which are charged at our hourly rate.

Divorce

The process of obtaining a divorce is usually relatively straight forward. In fact for a straight forward divorce it is unnecessary for the parties to attend court. The grounds for divorce are based on irretrievable breakdown of marriage. However, this has to be based on one of five facts:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Two years separation with consent
  • Five years separation

How much does divorce cost?
If you are unemployed or on a very low income, you may be eligible for advice under the Legal Help Scheme. The costs for a petitioner for a straight forward divorce without legal help are approximately £750.00 plus VAT and Court Fees. This does not however include advice regarding financial settlements or children which are charged at our hourly rate.

Children

Where there are disputes under the Children Act 1989:

  • A Residence Order – this is an Order that states where the child should live.
  • Contract Order – this sets out the arrangements for the child to have contact with the absent parent (this is commonly termed as access).
  • Prohibited Steps Order – this is an Order made by the Court to prohibit a parent taking certain actions.
  • Specific Issue Order – this allows the Court to determine a specific issue, like the child travelling abroad or changing its surname if there is no agreement from the parents.
  • Parental Responsibility Order – this is an order made to provide the parent with all the rights, duties, powers, responsibilities and authority that a parent of a child has by law.

Care Order

If your child is taken into care by the Social Services you have a right to be represented in those proceedings. In those proceedings (as a parent) you are entitled to be publicly funded. This funding is not means tested and you are entitled to a certificate as of right.

We can also advise and assist other family members in relation to care proceedings and make efforts to secure them public funding, if they are financially eligible.

Care Order

If your child is taken into care by the Social Services you have a right to be represented in those proceedings. In those proceedings (as a parent) you are entitled to be publicly funded. This funding is not means tested.

We can also advise and assist other family members in relation to care proceedings and make efforts to secure them public funding, if they are financially eligible.

Financial

Financial provision on divorce

This is termed under the Divorce Petition as “Ancillary Relief”.

The court can make the following Orders in relation to the finances:

  • Maintenance Pending Suit – application for maintenance during divorce.
  • Periodical Payments Order – order for a parent or child for maintenance.
  • Lump Sum – order to pay one party a lump sum payment of capital.
  • Property Adjustment Order – power to make adjustments in property owned by either party.
  • Pensions – the court now has powers to make orders in relation to a pension, and various arrangements can be made to ensure that provisions for the future are made for both parties.

In an attempt to minimise costs but ensure that you achieve what you are entitled to, we are keen to begin negotiations at the early stages. Alternatively, an application is made to the court and full financial disclosure is ordered whereby matrimonial assets can be fully investigated.

Referrals can also be made to mediations services at an early stage through our Family Mediation section (Michael Howarth).

Domestic Violence and Harassment

We recognise the anguish that can be caused by domestic violence and we pride ourselves in dealing with such actions expeditiously. If necessary we can attend court with you on the same day of your instructions to obtain the necessary order offering protection to you. We can grant you immediate public funding once we have assessed you.

We also offer protection for our clients by way of securing a Non-Molestation Order and Occupation Order.

The Northwood Law Practice is authorised and regulated by The Solicitors Regulatory Authority SRA Number 607763 and is a sole practitioner. Burnham Law Practice is the practicing style of the Northwood Law Practice. VAT Registration Number: 710 591 361

For information on the Code of Conduct please visit: https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/

Domestic Violence and Harassment

We recognise the anguish that can be caused by domestic violence and we pride ourselves in dealing with such actions expeditiously. If necessary we can attend court with you on the same day of your instructions to obtain the necessary order offering protection to you. We can grant you immediate public funding once we have assessed you.

We also offer protection for our clients by way of securing a Non-Molestation Order and Occupation Order.

The Northwood Law Practice is authorised and regulated by The Solicitors Regulatory Authority SRA Number 607763 and is a sole practitioner. Burnham Law Practice is the practicing style of the Northwood Law Practice. VAT Registration Number: 710 591 361

For information on the Code of Conduct please visit: https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-solicitors/