Family Law….What is it all about?

Family law usually covers three areas; separation, finances and children. The law is there to help you find your way through these difficult times.

Separation

If you are married and separated, you may be considering a divorce. Typically, the divorce process now takes place online, unless there are certain complexities that require a paper application such as a contested divorce. The process is simple and easy to follow and therefore you must not feel daunted by the process.

If you are separated and not married, you are legally known as common law husband and wife. There is no process to follow to formalise your separation, however the complexities of arranging children and dividing finances still need to be resolved and the law is there to help.

Finances

If you have separated you are likely to have many questions about your finances, such as;

• Who shall remain in the former family home long term?
• What is a fair financial settlement for us?
• What will happen to my pension?
• Can any assets be ring fenced?
• Is a lump sum order, periodical payment order or spousal maintenance order for me?
• Does Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) apply to me?

There are various legal processes available to you to make sure that you reach the outcome that is right for you and your family.

Children

After separation, trying to make sure your children are impacted as least as possible is every parent’s priority. Unfortunately, it can sometimes feel that this is impossible to achieve.

Positive communication and co-parenting with each other is vital. However, if that communication has broken down, the law is there to help you and to put things back on track.

Negotiation in the first port of call. If this comes to a standstill, mediation should then be attempted to help you both reach agreements together. If all else fails, an application to Court may be required which will resolve all ongoing disputes.

No matter what difficulties you are experiencing, our Nicholson Jones Sutton family and divorce specialists are here to provide advice and guidance to help you through the most difficult of situations and enable you to move forward in life.