Family

Not everything in life goes swimmingly. So it pays to be aware of how to effectively deal with the potential dangers that lurk beneath the surface of the calmest of situations. Good, professional advice can prove to be a life line.

At The Head Partnership, we try to adopt a holistic approach to family problems. When a marriage breaks down the problems can be, and often are, many and varied. Apart from the obvious emotional turmoil for all concerned, particularly for children, there are many practical issues to be resolved relating to the marriage, finances and any children.

Our job is to try and find practical, workable solutions to these problems, which will allow each party to move on with their respective lives with the minimum of animosity. Especially where children are concerned, marriage breakdown does not mean the end of the family and the relationship between the parties should be capable of continuing, although in a different way than before.

This approach doesn't mean that your interests will not be our paramount concern, but they should be pursued fairly and reasonably in a non-aggressive manner - if it is possible to do so. All of the members of the department are members of Resolution (formerly the Solicitors Family Law Association) who endorse this approach, which is also in line with the Law Society's protocol in relation to family matters.

There are, of course, many times when such an approach isn't suitable, in particular where there is violence and/or harassment and it will be necessary to seek protection for one of the parties and, sometimes, also for the children.

These days many people decide against marriage and live together instead. This can produce even more problems when the relationship breaks down. Many of these problems can be avoided if proper steps are taken at the outset.

The Head Partnership holds an LSC Franchise, so we are able to offer a full range of Public Funding (formerly Legal Aid) for family work for those who are eligible. We also offer free 30-minute interviews so that you can seek initial advice and consider whether you are eligible for Public Funding.

If you have a family problem we can offer help in these areas:

• Divorce
• Separation agreements
• Collaborative law
• Non-married couples
• Financial settlements
• Children disputes
• Mediation
• Pre-nuptial agreements
• Cohabitation agreements
• Domestic violence protection

Divorce

A divorce dissolves a marriage or civil partnership and can be commenced after a couple have been married for one year, provided there are grounds for doing so. A divorce doesn't resolve any wider issues, perhaps in relation to children and/or financial matters. For these, it generally makes little or no difference who is divorcing who, or on what ground. A divorce doesn't have to be a contentious process and can be made very much a joint venture if the parties are willing, enabling them to focus their minds on the wider issues of the children or finances.

Married couples or civil partnerships and financial settlements

When a couple is separating, it's sensible for them to resolve, once and for all, the outstanding financial matters between them. Each party will want the security and certainty of knowing that any agreement reached will be binding and enforceable.

If the parties don't wish to divorce, they can enter into a Separation Agreement to resolve financial issues. A Separation Agreement, however, will not bind the Court in the event of divorce proceedings at a later date and, even where the parties are in agreement over financial matters, it may be sensible to consider issuing divorce proceedings so that the settlement can be enshrined in a Court Order to ensure that it is binding and to assist its enforceability. Alternatively, Court proceedings may be necessary to resolve a dispute. Once proceedings have been commenced it may be that agreement can be achieved between the parties, who can then invite the Court to approve the settlement reached between them.

Collaborative Law

We can also offer representation under the Collaborative Law process. This is a new way of assisting couples to resolve outstanding matters, without recourse to the Court. The parties are in charge of the process, and a settlement is pursued through a series of four-way face-to-face meetings between them and their collaborative representatives, who are there to help and secure their clients' interests. It's a non-confrontational approach to reaching a resolution, with the parties committed to providing relevant information and disclosure openly and honestly. Such agreements are subsequently submitted to the Court for approval to ensure the agreements are binding and enforceable.

Non-married couples and financial settlements

It may be that a property is owned by both parties to a relationship or that one party is technically the sole owner of the property and the other party is claiming an interest in it. In either case, it is open to either party to make an application to the Court for an Order defining the parties' respective interests in the property. The Court could also be asked to order a sale of a property in the absence of agreement, to enable a party's interest to be realised.

Where children are involved it may be that, irrespective of what the parties' respective interests in the property are, it's necessary to make an application to the Court to ensure that the children's best interests are observed, and that they are adequately housed.

Aside from property, there may be other outstanding financial issues, such as maintenance, that also need to be resolved.

Children

When parties separate, children are the most important consideration. For this reason, in any divorce proceedings the Court will want to satisfy itself that appropriate arrangements are in place for the children. The welfare of the children is the most paramount concern for a Court when considering an appropriate financial settlement.

When a couple have, or are going to, separate, consideration needs to be given to how children will be cared for in the future: where they'll live, who with, and arrangements to ensure they have contact with a parent they don't live with, or their wider family. There may be other issues which occur over time, such as which school they should attend, the religious faith they should be brought up in, or whether they should travel overseas (permanently or otherwise). The best interests of the children should decide these issues, but these can change over time or parents may not agree what these are.

If agreement cannot be reached between the parents, then it may be that either one of them will have to make an application to the Court to assist in determining what is appropriate.

Mediation

Mediation is another service for couples experiencing difficulties reaching settlement regarding family matters. Mediation can reduce conflict and enable couples to focus on the issues to be resolved, to try and achieve an outcome acceptable to both. The parties meet their trained mediator to confidentially consider what would be an appropriate settlement between them. The mediator is not there to advise either one of the parties, or to sit in judgment, but instead to facilitate the parties in coming to their own agreement.

Pre-nuptial/cohabitation agreements

No-one goes into a marriage or other relationship contemplating that it won't last. But the reality is that many relationships do come to an end at some point, and it is sometimes difficult for those involved to agree between them what should happen in relation to financial and property matters. It often helps if, at the outset of the relationship, the parties have achieved a consensus as to what would happen in the event that they separate in the future. This can be set out in a cohabitation agreement, or a pre-nuptial agreement if the parties are to marry. The agreement doesn't necessarily bind the parties or the Court if there is still a dispute about what should happen when the parties separate, particularly where certain events occur after the agreement is entered into, such as the advent of children (since the needs of the children will be of paramount importance). But, often, what was agreed at the outset can assist the parties resolve amicably and swiftly what should happen, if they subsequently decide to separate.

Domestic violence

Domestic violence can take a variety of shapes and forms. It is unacceptable for anyone to inflict physical, emotional or sexual harm on another - under any circumstances. Swift and positive action may be necessary. What a person has experienced, or may be experiencing, may happen again. It doesn't just affect the parties involved, but has huge consequences for family and friends, and particularly any children.

If the circumstances warrant it, it may be possible to apply to the Court for an injunction prohibiting someone, whether they are a spouse, partner, family member, neighbour, or anyone else who is causing harm, from pestering, intimidating or worse. In certain cases, it may be possible to have someone removed from a home, or to ensure that they cannot come to it. Failure to comply with an injunction is punishable by imprisonment or other sanction, depending on the severity of the non-compliance.