Family issues

Providing legal advice on family matters requires tact and empathy. Our team take time and care in dealing with the issues you may face, discussing your circumstances thoroughly with you before explaining the options available, in the strictest confidence.

Separation and Divorce

Legal Advice and Representation in Court

Deciding that a relationship has irretrievably broken down and that the only recourse is separation or divorce is a hugely unsettling and upsetting process. Our experts are there to make the process as pain-free as they can, while ensuring the interests and well-being of clients and especially their children, are carefully considered.

It is not always necessary to proceed to Court to resolve matters and when appropriate, we will try to help clients reach agreement through discussion and mediation. We can provide access to an independent mediator where this solution may offer a viable alternative.

If the relationship has reached a point where separation or divorce is the only way forward we will provide guidance and support in preparing the petition for divorce and assisting with any settlement for financial and personal matters. If the situation arises we can also represent clients in court and deal with any litigation throughout the process.

We also provide advice on the termination of registered Civil Partnerships.

For information on our costs please see the end of this section.

Collaborative law

Collaborative Family Law is a different approach and a hugely successful alternative to the traditional adversarial divorce, i.e. “No court divorce”.

Collaborative Practice puts you in charge.
The Courts are not involved in resolving disputes.
The process enables the parties to examine their own priorities and need to negotiate a mutually acceptable settlement.

Change the way you break up

You and your partner each instruct a collaborative family lawyer.
As a team we work together to find a resolution in all areas of dispute.
Everyone is open and honest.
Face to face meetings take place avoiding lengthy protracted and expensive correspondence.
Your collaborative lawyers provide support, advice and guidance throughout the process.
If settlement can’t be achieved new lawyers must be instructed for any court proceedings.

A good divorce?

As a team we work together to find a resolution in all areas of dispute.

Each party is committed to finding a solution without making an application to the Court.
The process requires mutual respect, openness and honesty.
There is full disclosure of all facts and information.
You explore the issues which are important to you and your family.
Face to face meetings facilitate efficient and direct negotiations and with the assistance of collaborative lawyers allow for creative problem solving.

At the conclusion each party feels that they worked hard to find the solutions which are mutually acceptable to them.

For information on our costs please see the end of this section.

Mediation

This is a means by which you, as a couple, take control of the decisions you must make to resolve your issues following on from the breakdown of your relationship. The impartial and unbiased Mediator will help the two of you identify the issues you need to resolve and will assist you to check your options to prioritise and make your choices for the benefit of you both and the family. You work together with the Mediator to achieve a conclusion acceptable to you both.

If you want to know more, why not attend a Mediation Information and Assessment Meeting (a MIAM) with a Mediator, or alternatively request our Mediation Information Pack. For information on our charges please see below.

Unmarried couples disputes

The breakdown of any relationship is difficult and to some degree this can be even harder for unmarried couples, as there are often very complex financial problems to be resolved. We appreciate the difficulties that can arise from this situation and work with you to try and resolve matters as quickly as possible.

We provide assistance in assessing how joint assets should be fairly divided but if negotiation and discussion does not result in a satisfactory conclusion, we can represent you during Court proceedings, including dealing with any subsequent Order of Sale for your property.

In the alternative we can help you resolve such matters using a collaborative approach to try and avoid Court Proceedings, or, we can provide Mediation for you both to try and resolve your issues face to face with an impartial Mediator.

Living together/Cohabitation Agreements

Better to be safe than sorry. Statistics show that marriage is on the decline. On the other hand cohabitation has increased over the past 30 years and in our family practice we are seeing more and more people with problems relating to “living together”. Such problems can be minimised, if not avoided completely, if a couple enter into a Living Together/Cohabitation Agreement at the outset of their relationship. The recent case of Sutton -v- Mishcon de Reya and Gawor and Co. (2004) 1 FLR 837 has established that a properly executed Cohabitation Agreement seeking to regulate the property and financial arrangements of the couple may be valid and enforceable as long as the couple intend to create legal relations. The agreement must comply with certain requirements to ensure it is a valid contract. It is therefore possible to protect your interests with the right legal expertise. Our Family Lawyers are specialists in this area. Please call our Family Department for more information.

Declarations of Trusts for cohabitees

If you are one of the many people in this Country intending to buy property with a friend or partner you should ensure you both protect your interests at the outset. You can enter into a legally enforceable document called a Declaration of Trust, which will clearly and legally identify your respective legal interests from the outset taking into account your specific wishes and avoiding any uncertainty or unpleasantness as and when the property is sold or otherwise disposed of in the future. Be safe, be certain. Call one of our specialists in our Family or Residential Conveyancing Departments for more information.

Pre-nuptial and Post-nuptial Agreements/Pre and Post-Civil Partnership Agreements

We all hope that when we meet the “right” person and decide to marry or enter into a Civil Partnership that we will be happy ever after but unfortunately in this life nothing is ever certain. But we can do something about reducing the stress and uncertainty if our plans for the future go wrong, by considering a Pre-nuptial or Post-nuptial Agreement or a Pre or Post Civil Partnership Agreement. Such agreements have become a common feature of modern marriages and set out what should happen to a couples assets and incomes in the event their marriage or civil partnership breaks down. These agreements can be considered a form of insurance against costly future litigation and unnecessary conflict and provide couples with the means of regulating their own financial affairs in a way they consider to be fair. A Post-nuptial agreement also deals with the division of the couples assets and income in the event of their relationship breakdown, but is entered into during the marriage rather than before. These agreements need to be drawn up with specific procedural requirements in mind and must be carefully drafted by a suitably qualified family solicitor. We have a family team that specialises in such matters. Please call our Family Department for more information.

Arrangements for children

Separation, divorce or the breakdown of a relationship for an unmarried couple all have the potential to cause considerable distress for any children involved. Wherever possible we help negotiate arrangements that not only meet the needs of the children but also provide both parents with the means to adjust to their new situation, without undue disturbance.

If agreement cannot be reached we can help with preparations to assist the court with any orders that are made. These can cover residence orders, contact orders and prohibited steps orders (which encompass restrictions on a child being removed from their country of residence).

Domestic violence

Cases involving domestic violence can be highly emotive and require particularly sensitive handling as clients may have endured many years of abuse. We provide advice on mediation, reconciliation or, where required, options for criminal prosecution.

Our service also provides advice on personal protection and harassment issues relating to neighbour or associated disputes.

Whichever way you chose as the method for resolving your family issues, whatever your specific needs, Burley & Geach will guide you through the process.

Our Charges

We offer all the above services to our private clients at whatever hourly charging rate is in place from time to time but please feel free to discuss a specific matter direct with one of our specialists who will be happy to give you a more detailed breakdown of likely charges.

Since 1st February 2012 we no longer offer Public Funded “Legal Aid” rates to clients who may be eligible for Legal Aid advice on family matters but for those clients we do offer a preferential “Special Family Law Rate”. If you would like to make an appointment with one of our specialists for an assessment please call our Family Department to book a “fixed fee interview”.

We are able to offer Public Funded assistance to clients who are eligible for Family Mediation. Please call our Family Department for full details and to book a MIAM Appointment.

Burley & Geach is authorised and regulated by the Solicitors Regulation Authority www.sra.org.uk. No.00044454