FAMILY LAW
Our Children lawyers deal with some of the most challenging cases involving social services intervention to removal of children.
Our divorce and finances lawyers are experienced in dealing with complex, high net worth disputes. We work closely with other teams across the firm to ensure you have access to the best possible advice.
We have excellent relationships with specialist barristers, accountants, independent financial advisers, surveyors, and other organisations. When we take on your case we step in your shoes and help you through what is probably the most distressing experience of your life; the breakdown of a relationship or the threat of the loss of your child.
Family law - areas of specialism
- Divorce solicitors
- Children law
- Child care proceedings
- Agreements & financial settlements
- Financial disputes involving business assets
- Ending a civil partnership
- Representation in family court – advocacy
- Fixed price services
Explore our services in depth.
DIVORCE
How does the divorce process work?
DIVORCE
Divorce and separation is never easy and for many it’s a process they wish they could avoid altogether. However, no matter how difficult the process may be, it’s worth understanding how the divorce process works in order to help you in making the right decision, especially if children are involved.
Dirvoce
What is no fault divorce?
After being announced in 2019, no fault divorce came into effect in England and Wales on 6th April 2022.
No fault divorce means that individuals seeking to end their marriage or civil partnership no longer need to blame each other for the breakdown of their relationship.
How does no fault divorce put an end to the ‘Blame Game’?
Under the previous law, separating couples had to choose one of the below 5 reasons to divorce:
With the new no fault divorce law, we leave behind the fault-based system of blaming one party for the breakdown of the relationship, and now couples no longer have to rely on one of the 5 reasons mentioned above to get divorced. The new law puts an end to the blame game and allows parties to take a more constructive approach to separation.
Another key change to the legislation is that it is no longer possible to object to an application for a marriage or civil partnership to be brought to an end.
Why did the previous divorce law need to be reformed?
Previously, separating couples could only get divorced without blame if they had been separated for two years and if both parties agreed to the divorce, or five years if one refused.
The previous system did not allow for couples to get a blame-free divorce without waiting for these periods of time to pass and if they wished to separate sooner, one party had to “take the blame”, which may have caused acrimony between separating couples and increased tensions unnecessarily.
Am I eligible for a no fault divorce?
Anyone entitled to a divorce in England and Wales will now be able to apply for a no fault divorce.
How will no fault divorce work in practice?
Are any two cases the same?
No, whether you are part of a heterosexual marriage, same-sex marriage, or civil partnership, we tailor our service to your individual needs and match you with the specialist who will be best suited to handle your case.Our divorce lawyers have a vast amount of experience, knowledge, and expertise who can advise you on the most cost effective and efficient way to proceed with a divorce.
Where do I go for advice on no fault divorce?
We offer an initial consultation to give you the opportunity to meet us and receive some initial divorce advice regarding your circumstances. During this appointment, we will seek to understand the reasons for the breakdown of the marriage and discuss the various options available to you.
If saving the marriage is unlikely, we will seek to understand more about you and your partner's income, savings, assets, and pension arrangements, so that we can begin to think about finding a solution to your future financial needs. If you have children, we will also talk about options for their future arrangements.
Protecting your Assets in Divorce
- At Chipatiso Associates LLP, we are experienced in handling financial matters ranging from the straightforward through to complex, which may involve less obvious assets, such as trusts and offshore assets
- When it comes to finances on separation, reaching an amicable financial settlement is a positive start to completing a divorce with terms that suit both parties. It can also protect your own individual and shared assets so neither person is left out-of-pocket at the end of the divorce.
- If you have reached an agreement with your ex-partner you can formalise this in the form of a Financial Consent Order, which essentially cuts all financial ties with you and your ex-partner.
- When reaching a financial settlement with your ex-partner, it is recommended you each provide evidence of your finances, earnings, savings etc. This will also include any properties, inheritance and even gifts that have been purchased or received by each party both prior and during the marriage. This will enable you to take into account all the finances of the marriage and come to a settlement that is fair and works for both parties.
- When it comes to dividing assets, it’s worth keeping in mind that assets that were purchased or received during the marriage will have less protection over assets that were already owned before getting married. There is however different ways of reviewing assets depending on the length of the marriage, which we are happy to discuss should you require any further information.
- The process of reaching a financial settlement varies depending on the range of issues. Sometimes, financial settlements can be reached without the need of taking it to Court, whereas other cases cannot. Whatever the process, the objective is to achieve a financial settlement which can then be incorporated into a document called a Consent Order. Once approved by the Court, this is legally binding. Whether or not the Consent Order is approved by the Court depends upon whether the Court considers the terms to be fair and equitable to both parties.
- If you cannot reach agreement with your ex-spouse, the courts can decide how these assets and finances are divided to ensure the final decision is as fair as possible.
Child Law
Child Law
- bridging hope, building futures
At Chipatiso Associates LLP, our expert child law solicitors have experience in handling all matters relating to children in the event of a breakdown in a relationship, whether you are married or not. We offer a range of child law services, from change of name deeds to court orders.We pride ourselves on handling all cases with the utmost care and sensitivity. When couples separate, if they have children, there are often significant issues that need to be addressed. For example, it may be where the child or children are going to live or how much time they will spend with each parent. There may even be issues relating to the children's welfare.
Our team of child law specialists are able to advise on the following matters:
Change of Name
To legally change the name of your child you must submit a Change of Name deed. This is a legal document that records an intended change of name. If you wish to change the name of your child, our team can aid you throughout the process.
Court Orders
Court Orders
The courts can issue a range of different orders designed to protect children, these include:
01
Emergency protection orders
02
Supervision orders
03
Care orders
These orders are often applied for by the local council when they believe that a child isn’t being cared for and is suffering significant harm. If you are issued with any of these orders, you can initiate an appeal process to contest the order.
Child Law
Child Arrangement Orders
Here at Chipatiso Associates LLP our Family Team can help families organise and prepare the arrangements for their children.A Child Arrangement Order can help to determine where a child lives and whom they spend time with.The focus is on what is best for the child as well as emphasising the need for shared parenting. Shared parenting does not mean a child has equal division of time with each parent, but rather that each parent is involved equally in the child’s life.A Child Arrangements Order can help to determine where a child lives and whom they spend time with. Our team of child law solicitors can help you with the following situations:
- Where your children live and how often they spend time with the other parent.
- Financial arrangements for your children which may include matters such as child maintenance.
- Who has access to your children and when they can visit or spend time with your children.
- Grandparents’ rights and their access to the children.
How long does a Child Arrangement Order last?
A Child Arrangements Order lasts until the child or children turn 16. Until that age, parents are responsible for deciding certain aspects of the child’s life. It’s important throughout the process to not forget the welfare of the child. Our solicitors and especially the courts have a duty to consider the welfare of the child when examining the child arrangements. This is to ensure that the child’s feelings are heard and considered, taking into account their age and understanding, and that both parents are capable of meeting the child’s needs.
QUESTIONS
When disputes arise, it can be difficult to come to any amicable decision and so enlisting professional help can bridge the gap between disagreements to ensure a fair decision is made for both the parents and the children involved.
Attending court can usually be avoided should both parents be able to come to an agreement on where the child or children live and how much time each parent can spend with their children.
However, if neither parent can agree on which parent the child should live with or how often the child should spend time with the other parent, parents can then choose to apply for a Child Arrangements Order. The terms of the Child Arrangements Order are legally binding and can be enforced against a parent that does not comply.
Before you apply for a Child Arrangements Order, you will be required to attend a MIAM (Mediation Information Assessment Meeting). This meeting gives parents the opportunity to discuss disputes before taking them to court and consider alternative methods of resolving the dispute before continuing with the application process.
Parental Responsibility is the term for the legal rights and duties a parent has in respect of a child. This involves the right to make decisions such as what religion a child has, any medical treatment they receive, where the go to school and the arrangements for where they live and whom they spend time with.
The mother of a child will automatically have parental responsibility, as will the father if he was married to the mother at the time the child was born, or if he subsequently marries the mother.
If the father was not married to the mother when the child was born, he will only have Parental Responsibility if his name is registered on the birth certificate.
If a father does not have Parental Responsibility, a Parental Responsibility Agreement can be arranged for the father in order to give him responsibility over the child or children. This will require the agreement of the mother.
A Parental Responsibility Agreement can also be acquired for step-parents if they are married or in a civil partnership with the other parent.
If both parents cannot agree on the arrangements for their child and have gone through all the necessary steps before applying for a court order, parents can then take the next step in filling in a C100 court form.
In cases where domestic violence is present in the relationship, certain requirements to the application process such as MIAM may be treated differently, as to not put parents or children in situations where they may feel vulnerable and uncomfortable.
Once you have prepared and submitted a C100 court form, both parents will be expected to attend a ‘directions hearing’ with the court. During the hearing, the courts will try to establish particular arrangements for the child or children that both parents can agree on or, if agreement cannot be reached, what issues the Court is required to determine.The hearing will also identify if the child in question is at any type of risk from either parent.
Anyone who has held parental responsibility for the child can apply for a child arrangement order; this can include grandparents, step-parents, or legal guardians but can also include:A person in a marriage where the child was a part of their family, such as a step-parent.If the child is in a local care authority and they consent to the order.
Anyone who lived with the child for a minimum of three years or long term, for example grandparents from either side of the family or other family members of the parents.
An individual who doesn’t fall into one of these categories can still make an application for a child arrangement order. However, the court will consider the relationship between the applying individual and the child, the advantages of the proposed order, and any potential risks of harm to the child. The overall welfare and safety of the child will be the court's priority.
If both parents agree without the need to apply for a C100 court order, the process can be as quick as it needs to be. However if parents have made the decision to go to court, it all depends on how quickly parents can come to an agreement, which in some cases could be weeks or months.
If matters progress to a Final Hearing (Trial) and the Court is required to make a decision as the parents are unable to agree, the process could take between 6-12 months.
Support for unmarried couples
Unmarried couples with children have access to the same legal remedies in relation to children as married couples. In all cases, the objective is to reach an agreement regarding the care of a child or children, or to resolve a specific issue. This can often be done amicably, without the need to go to court.values distinction in detail and gives careful
It is our aim to help this to happen. However, sometimes court is required when parents are unable to find a suitable resolution between themselves. Whatever the circumstances, we will keep you informed, offer clear advice and guide you through each step of the process.
Currently, there is very little legislation in place to protect unmarried couples who live together and have children, if their relationship was to come to an end. This can lead to issues over ownership and entitlement to things like personal assets, property, child care and residency.
Resolving issues during and after divorce
For married couples, matters relating to their children are usually decided in conjunction with the divorce process. However, this is not always the case as issues can arise months or even years after a divorce has been finalised.It is important to understand that issues relating to children that arise after a divorce, perhaps due to a change of circumstances, can still be handled and resolved. Contact us and we can explain more about how we can help you.
Marriage Services
Cohabitation Protecting
your rights
At Chipatiso Associates LLP, we are experienced in drawing up Cohabitation Agreements to help protect couples that are currently living together, as well as dealing with disputes between unmarried couples who are cohabiting, in the event of a relationship breakdown.
At Chipatiso Associates LLP, we are experienced in drawing up Cohabitation Agreements to help protect couples that are currently living together, as well as dealing with disputes between unmarried couples who are cohabiting, in the event of a relationship breakdown.
Getting a Cohabitation Agreement
A Cohabitation Agreement offers a legal framework for unmarried couples who want to live together and want to protect themselves from unnecessary cost and litigation should their relationship break down.The agreement can regulate property rights and what arrangements might be made for issues, such as mutual financial support, dealing with debt and caring for children. Cohabitation Agreements also allow the couple to pre-determine who is entitled to specific assets and what will happen to assets that have been jointly purchased, if they were to separate. A Cohabitation Agreement is intended to be legally binding upon both parties.
Resolving cohabitation disputes
Cohabitation disputes are occurring more frequently as more couples decide to live together but not get married. Without any kind of agreement in place, the situation can be complex. At Chipatiso Associates, our cohabitation lawyers are fully trained to help deal with these disputes. There are a number of legal steps which can be taken should such a situation arise and we aim to offer advice and practical guidance to help resolve them.
If you are caught up in a dispute or simply need some advice, contact us for a consultation about your options.
Chipatiso
Prenuptial
Agreements
At Chipatiso Associates LLP, we are fully qualified and highly skilled in preparing prenuptial agreements for couples who wish to protect their finances or assets should the worse happen. The unfortunate reality is that more and more marriages and relationships come to an end, resulting in a number of difficult decisions regarding financial and property matters. Prenuptial agreements are useful tools that allow couples to agree from the outset on how these difficult decisions will be made if their relationship breaks down.
A prenuptial agreement, or prenup, is a legal document that outlines how assets will be divided between a married couple in the event of a divorce. Prenups are drawn up before the marriage takes place whereas a post-nuptial agreement is signed after the couple is already married.
In many cases, prenuptial agreements are put in place when one partner has or is likely to acquire, more assets (financial or otherwise) than the other. This could include individuals who have a large inheritance or land and business owners.
Prenups aren’t just for the rich and famous, they can be used by anyone who wishes to protect their assets in the event of a divorce or separation. Not only can a prenuptial agreement protect your own assets but it can also be used to shield yourself from any debts that your partner may have, as well creating provisions for your children, such as protecting their inheritance.
To learn more about how a prenup could benefit you, contact us today for a consultation.
Prenups are not, currently, legally binding in the UK. However, there is instance where an agreement is more likely to be upheld in court, these instances are when:
The agreement was signed more than 28 days before the marriage took place.
The terms of the agreement are reasonable.
The agreement has been kept up to date throughout the course of the marriage.
In order to keep a prenup up to date, you should regularly review the terms and adjust them where necessary. For example, if you and your partner have children, you should include any provisions for them within the agreement.
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In order to maximise the protective effect they can offer, parties need to ensure that their agreement meets very specific criteria. The law surrounding these documents can be complicated.
This is where we are able to help, offering clear and pragmatic advice at the outset, which can be more cost effective and less stressful than dealing with it later, at the time of a separation or divorce.
If you wish to draw up a prenuptial agreement but are already married, then a postnuptial agreement would be more appropriate for your situation. A postnuptial agreement is a written agreement, similar to a prenuptial agreement, that is executed after a couple has been married.
✦ Tailored Services
Postnuptial Agreements
Looking to create a prenuptial agreement but are already married? A postnuptial agreement could be the solution for you. Here at Chipatiso Associates LLP we have a team of fully qualified and highly skilled solicitors who can help you through the process of drafting a postnuptial agreement. Unfortunately, more marriages come to an end than those that last and having an agreement in place that protects you and your personal assets can save you a lot of money and stress in the event of divorce or separation.
A postnuptial agreement is a written agreement, similar to a prenuptial agreement, that is executed after a couple has been married. The purpose of a postnup is to protect and outline how assets will be divided when a couple gets divorced.
Similarly to a prenup, a post nuptial agreement is usually put in place when an individual has more, or will likely obtain more assets than their partner.
Postnuptial agreements can be effective tools in protecting your assets in the event of a divorce. If you are recently married and wish to protect yourself of liability of debt or any assets such as land or businesses then a postnuptial agreement could be for you.
Postnuptial agreements can also be used to secure provisions for your children through the reservation of assets. To learn more about how a prenup could benefit you, contact us today for a free 45 minute consultation or get in touch with your local branch.
Currently, pre- and postnuptial agreements are not strictly legally binding. However, if they are properly drafted and executed, they can be very persuasive in the event of a dispute later on.In order to maximise the protective effect they can offer, parties need to ensure that their agreement meets very specific criteria. The law surrounding these documents can be complicated.
This is where we are able to help, offering clear and pragmatic advice at the outset, which can be more cost effective and less stressful than dealing with it later, at the time of a separation or divorce.
How do you create a postnup?
If you wish to draw up a postnuptial agreement, we highly recommend speaking with a solicitor. The law surrounding marital agreements can be complicated and tricky to navigate.
Our team are experts in family law including pre and postnuptial agreements, so get in touch with our team today for a free 45 minute consultation.
Domestic Abuse
If you believe you are in immediate danger, you should contact 999 for police assistance.
What is domestic abuse and what does it mean?
Domestic abuse is any incident or pattern of controlling, coercive or threatening behaviour, violence or abuse between people who are, or have been, intimate partners or family members, regardless of gender or sexuality.
Domestic Abuse Can Encompass:
- Physical violence
- Coercive control (a pattern of intimidation, degradation, isolation and control with the use or threat of physical or sexual violence)
- Psychological and/or emotional abuse
- Sexual abuse
- Financial or economic abuse
- Harassment and stalking
- Online or digital abuse
- ‘Honour’ based abuse
When it occurs, swift and positive action is key to preventing repeated occurrences. As well as directly affecting the parties involved, it can have huge repercussions on family, friends and children.
Our Family team has experience in dealing with a variety of domestic abuse cases, so please get in touch and let us explain more about what we can do.
How to report domestic abuse?
Call 999 immediately. Emergency services can help you if you are in immediate danger. You should still contact the police if you are experiencing any type of domestic abuse.
The law is there to protect you and the police can warn the perpetrator to refrain from making any type of contact or they risk being arrested.In certain cases, it is possible to apply to the Court for an injunction prohibiting someone from pestering, intimidating or behaving violently. It may also be possible to obtain a Court Order to have someone removed from a home or prevented from visiting it, known as an Occupation Order.Depending on the case, injunctions can be issued quickly on an emergency basis by the Court. Failure to comply with an injunction may be punishable by imprisonment or other sanction, depending upon the severity of the non-compliance.
Children and domestic violence
When children are witnesses to domestic violence, it can have a huge negative impact on their emotional wellbeing, even more so if they are victims of domestic abuse. In order to protect children from domestic violence and abuse, the same actions should be taken that are mentioned above.
How does domestic violence affect arrangements for the Children?
The amount of time a child spends with each parent can be determined in several ways. As part of a normal divorce procedure, parents should come to amicable terms regarding where their children will live. If parents cannot come to an amicable decision, either parent can ask the court to decide.
When it comes to children involved in domestic abuse however, contact will usually be restricted from the offending parent and assessments have to be made to ensure the safety of the child, should the child or the parent wish to maintain contact with them.If a perpetrator does not have contact with a child or children for a period of time, and then wishes to re-establish a relationship with that child or children in the future, the court will need to evaluate certain criteria to ensure the correct child arrangements are made. The criteria includes:where their children will live. If parents cannot come to an amicable decision, either parent can ask the court to decide.
- Past behaviour of both parties
- The motivation for wanting to make contact
- What impact domestic violence has had on the child or children
- Whether the offending parent recognises their past actions and are making an effort to change their behaviour.
Entitlement to Legal Aid
Please remember that you may be entitled to legal aid if you have evidence that you or your child or children have been victims of domestic abuse, and you can’t afford to pay legal costs. Chipatiso Associates LLP does not undertake legal aid work but we can refer you to solicitors who do in your locality.For those who are not eligible Chipatiso Associates LLP have a number of specialist lawyers who focus on domestic abuse cases and are willing provide cost-effective support.
Charging Information
Our hourly rates are competitive, offering value for money. Charges are usually based on our hourly rates plus administrative charges and disbursements.We will provide you with an initial estimate of your likely legal costs and will update this as your requirements or the circumstances of the work change. Our charges are as follows
Consultation Fees
£200If you would like to speak with our no fault divorce lawyers regarding your current situation, we charge a consultation fee of £200 to give you the opportunity to meet us and receive some initial divorce advice regarding your circumstances
Fees for Divorce
£1000DivorceThis is a fees for Divorce issues. Our will team will help you to resolve all matters related to divorce and seperation
Financial, Child arrangements, Domestic abuse and other areas
HourlyThe current range of hourly rates for members of the team is from £250 plus VAT to £375 plus VAT per hour.Fees for dealing with financial matters, child arrangements orders, domestic abuse and other areas of practice are charged on an hourly basis.