As a firm we are proud of our excellent success rate, legal expertise, and friendly pragmatic approach. As well as our proven legal expertise, we offer all clients a sympathetic and compassionate service.
Legal costs can be another stressful feature of any relationship breakdown. To help reduce your financial worries, we are open and transparent about your costs at all times.
• Up to 1 hour with an experienced family lawyer
• In person, by phone, or via Microsoft Teams
• A follow up letter confirming advice
Please contact our friendly team for details on
01225 755621
You can change your name for a number of different reasons. A change of name is acceptable in law unless it is intended to defraud or gives some sort of criminal benefit. A deed poll or statutory declaration is acceptable to authorities for enabling your name to be changed formally.
We can help you to change your name by drawing up a deed. You may also want to change the surnames of your children if they are of a certain age. This will need certain consents but we can explain this so that you can make your decisions with confidence.
Private Law – Children Matters
Sometime, in the heat of divorce and separation, it can be difficult to come to an agreement about matters. At FSM Solicitors, we know your children are your priority and that during a separation you will want to know that you have someone who understands that by your side, assisting to make sure that you and your children obtain the best outcome. Getting legal advice early can assist in reaching a resolution more quickly. We can assist in helping you come to an amicable agreement with your ex-partner where possible without having to go to Court. We can do this through assisting you with how best to communicate directly with your ex-partner; through Solicitor correspondence, to assist in both of you coming to an agreement that works for you both and most importantly, your children; or assisting you with other non-Court dispute resolution options such as mediation. If Court proceedings are issued, we are able to assist you from start to finish, both outside and inside of Court, with our expert knowledge and practical advice.
Child Arrangements Order
This is an order which confirms where your children will live and when they will spend time with their other parent. These orders were previously known as Residence and Contact Orders; or Custody and Access.
A Child Arrangements Order can ensure that matters are clearly set out and established. They can provide clarity and stability where necessary. These orders can be obtained either after an agreement has been made, that you both want to have crystalised as a Court order; or through Court proceedings where one of you has asked the Court to assist in working out what is best for the children.
Prohibited Steps Orders (PSO)
These orders are used to stop the other parent from doing something which they would normally be able to do by using their parental responsibility, such as moving your child’s school or removing them from your care when the other parents is a risk to the children.
We can apply for a Prohibited Steps Order without notice if there is an immediate and urgent risk that your child or children will be removed or harmed by the other parent.
Specific Issue Orders
These orders are used to ask the Court to make an order in respect of an issue that you and the other parent can’t agree on. This may, for example, be used, where you and your ex-partner are unable to agree on which school your children should attend; or whether certain medical treatment should take place.
Travelling or Moving Abroad with your Children
If you are thinking of moving abroad with your child, or perhaps you are concerned that your ex-partner is looking at moving abroad with your child and you will not see them as often as you do, we can help advise you as to the best way forward. It is important to note that generally no one may remove a child from the United Kingdom without the written consent of all parties with parental responsibility unless there are certain orders in place. This includes both a permanent removal as well as going abroad on holiday.
Parental Responsibility
Parental Responsibility is not automatic for all parents. Birth mothers always get parental responsibility for their children and this can only be removed by adoption. Holding parental responsibility for your child holds the key to being in a position to have your say in how your child is brought up. Those who hold parental responsibility are able to make decisions about a child’s education, religion, medical procedures, name changing and other important issues. You must reach an agreement with everyone who holds parental responsibility in most cases, although there are exceptions.
Should you wish to obtain parental responsibility for your child or step-child (or another family member you are caring for), there are ways to do this, both as part of an agreement and through Court orders.
If you are unsure whether you hold parental responsibility for your child or believe you need to obtain it, then we can assist in advising you of your best way forward.
We can also assist in advising you on how to obtain an order which provides you with parental responsibility where you are a family member who has been caring for a child as though you are a parent, or a guardian.
Useful links for separating parents:
Resolution – We Need To Talk from Resolution on Vimeo.
Minimising conflict
We will ensure your rights and obligations regarding your children are clearly and fully explained to you. Our specialist lawyers will take time to discuss all your available legal options regarding your children.You will always receive realistic and pragmatic advice designed to minimize hostility and conflict.
If there are any issues concerning your children that you cannot agree on, we are here to provide you with the advice and guidance you need to make the child focused decisions, from talking through your rights to making a formal application to the court.
Cohabitation agreements are becoming increasingly popular and should be seriously considered by all couples that live together.
Common law marriage does not exist in the eyes of the law and those living together have very little rights in the event that the relationship ends.
Although there is no guarantee that cohabitation agreements will be accepted as valid and binding by a court, a written document setting out who owns what, who should pay what during the period of cohabitation and how assets should be divided if the relationship ends can go a long way towards providing certainty and minimising potential difficulties and legal costs.
In April 2022 the law changed to allow couples to divorce without having to apportion blame on each other or wait for at least two years after separating before for filing a divorce petition. The new laws mean that couples can begin a divorce application if their marriage has irretrievably broken down. They can also choose to apply either solely or jointly for a divorce. The new laws also changed some legal terminology too. The term Decree Nisi has been replaced with Conditional Order and the term Decree Absolute has been replaced with Final Order.
Here at FSM our family law experts offer a fixed fee service to clients who wish to utilise the expertise of a legal professional to assist them with their divorce application.
Financial issues can also be dealt with during the course of the divorce application. Whilst it is advisable for financial matters to be concluded before applying for a Final Order, it is not mandatory and if there are no financial matters to be concluded a divorce application can concluded within a minimum of 26 weeks.
If you are suffering from domestic abuse, we appreciate that making that first step out of the situation may seem confusing and frightening. We offer experienced, sensitive advice in relation to all aspects of domestic abuse legal issues, including obtaining emergency protection for you and your children. We can act fast to assist you in a discrete way, so that you have the protection you need. Domestic Abuse was criminalised in 2015 and more recently the Domestic Abuse Act 2021 came into effect, providing further protection for those at risk.
We have vast experience in successfully obtaining orders to ensure victims of domestic abuse are protected. We will guide and advise you as to the best approach in your particular circumstance, ensuring that you fully understand each of the options available to you. Domestic abuse is a wide-ranging term and includes, physical abuse, emotional abuse, manipulation, gaslighting, stonewalling, coercive and controlling behaviour, sexual abuse, financial abuse and much more. The Court has a wide-ranging ability to protect those who are victims both in terms of practical orders as well as ensuring there are special measures in place during Court hearings.
We can also assist those who have received such orders and need advice around the consequences and how to proceed. It may be that you wish to defend a non-molestation order, or you need advice around allegations that have been made against you in Children proceedings, perhaps where a fact-finding hearing has been listed. We would always advise obtaining clear, specialist legal advice in relation to such issues, whether you are the victim and need protection, or are being accused of being the perpetrator.
Non-molestation Orders
Non-molestation Orders are the most common form of Family Law Injunctions. They are orders which the Court can make in a situation where you are unsafe and need urgent protection on an emergency basis. These orders can be made without any notice to the other party in the first instance, to ensure that you are safe, before the other person knows you have made the application.
How will the order keep me safe?
These are orders which prohibit a person (normally a spouse or cohabitee) from molesting another person or any child of the family. These Orders often state that the Respondent must not contact you and/or harass you e.g. by sending you messages, calling you, and contacting you through social media.
If you are suffering from abuse, you can apply for a Non-Molestation Order against a Respondent who is ‘associated’ with you – this can be your spouse/partner another family member or someone you have lived with for example.
Molestation is defined broadly, including physical abuse, financial abuse, coercive and controlling behaviour, sexual abuse, emotional abuse, and harassment. In recent years Courts have become more aware of the extent of domestic abuse and that it is not limited to acts of violent.
A Non-Molestation Order is a very powerful tool to protect you. To breach a non-molestation order is a criminal offence and that means that the person who holds the order can call the Police if the perpetrator has breached the order. The order usually lasts for 12 months but it can be extended on further application to the Court depending on the circumstances.
Occupation Orders
Where you live with the person who is harming you the Court can be asked to remove that person’s right to live at the property. For example, if you both have a joint tenancy, or you both own your home. Normally you would both have the right to live in the house, but the Court can be asked to change those rights, to ensure that you are protected.
We can help you to assess whether an Occupation order is appropriate and make that application for you where necessary. We often will make an application for a non-molestation order and occupation order at the same time to help keep you safe.
FREQUENTLY ASKED QUESTIONS
I am a victim of domestic abuse. I think I need protection from my ex-partner?
If you are a victim of domestic abuse, you may be entitled to obtain a non-molestation order and/or an occupation order. A non-molestation order is a type of injunction, similar to a restraining order and can help protect you. In certain circumstances it may be necessary to obtain an order without notice (ex-parte) to your ex-partner to ensure you are fully protected. Breaching a non-molestation order is a criminal offence.
If your ex-partner lives with you, you may also need the protection of an occupation order to limit or entirely remove their occupational rights, to ensure yours and your children’s safety.
We specialise in advising in relation to all domestic abuse issues and can provide clear advice, tailored to your particular set of circumstances.
I’ve just been served with Family Court documents, including an injunction! How can I defend myself?
If you have been served with Court documents, for example a Non-molestation Order, Occupation Order and/or a Prohibited Steps Order, then we can help quickly, providing you with specialist advice in relation to your options. Agreeing orders or allegations can have a significant impact on your case going forward, particularly regarding your children so it is important that you seek expert legal advice urgently.
My Partner lives with me so how can I protect myself when we live under the same roof? They are refusing to leave!
Where you live with the person who is harming you the Court can be asked to remove that person’s right to live at the property. For example, if you both have a joint tenancy, or you both own your home. Normally you would both have the right to live in the house, but the Court can be asked to change those rights, to ensure that you are protected.
We can help you to assess whether an Occupation order is appropriate and make that application for you where necessary. We often will make an application for a non-molestation order and occupation order at the same time to help keep you safe.
I’m scared that my partner will take our children – they said they would if I ever had the courage to leave. Can you help?
At FSM Solicitors we can help you to quickly keep your children safe. We can advise you in relation to making an application for a Prohibited Steps Order and a Child Arrangements Order to help keep the children safe. A Prohibited Steps order prohibits someone from doing something that they normally could do using their Parental Responsibility and can be used in a number of circumstances; in the circumstances of domestic abuse however, a Prohibited Steps Order can be applied for to keep the children from being removed by the perpetrator of abuse to ensure that the children are not at risk.
Helpful links to Domestic Abuse Organisations:
If a husband, wife or partner dies and has made a will, it may include financial provision for the surviving spouse or partner. All too often, however, people do not make wills and die intestate, which means that the state takes over and makes all the decisions about their estate. This may not be appropriate for the surviving partner and there is no provision whatsoever for a ‘common law’ partner, as this concept is not recognised in English law. Even if a will has been made, its terms may not be satisfactory.
The Inheritance (Provision for Family and Dependants) Act provides a framework that may enable the terms of a will to be rewritten or the intestacy provisions altered. Children and other dependants can also bring claims under this act.
The rule is complicated, however, and we can advise you if your circumstances mean that you may have a relevant claim.
The financial aspect of a relationship will need to be considered at the time the relationship ends.
In order to ensure that any financial settlement is appropriate and fair, you will both need to disclose full documented information about your finances. If it later comes to light that one of you has held back information about assets, any agreement reached may be disallowed.
Once a financial settlement has been agreed, it is generally sensible to have the terms of the agreement set out in a document known as a Consent Order, which is drawn up and endorsed and sealed by the court. No other form of agreement will amount to such a guaranteed and binding solution.
Pre-marital or civil partnership agreements, often called pre-nuptial agreements, are becoming more and more popular, and are not just for couples where there is a lot of wealth. An agreement of this kind is now usually legally binding as long as the court believes it to be fair to all concerned.
Having a discussion with your partner about what would happen to your respective assets in the event of marriage or partnership breakdown may feel uncomfortable and seem cynical, but making an agreement at this stage can prove extremely beneficial at a later, emotionally charged time. It can provide clarity and certainty about your rights and obligations during the course of the relationship and if it ends.
Sometimes there has been insufficient time before the marriage or partnership for a couple to enter into an agreement. It could also be that during a marriage or partnership a situation may arise – possibly due to a change of circumstances – that makes it necessary or appropriate for a couple to enter into an agreement before any divorce or separation takes place, setting out details of how financial issues should be resolved when the relationship ends.
Parental responsibility is defined as all the rights, duties, powers, responsibilities and authority that by law a parent has in relation to the child.
A mother automatically has parental responsibility. A father who was married to the mother at the time of the birth of the child also has automatic parental responsibility.
If a father is not married to the mother, he automatically has parental responsibility if he is named on the birth certificate and the child was born after 1st December 2003. If a child was born before this date, an unmarried father does not have parental responsibility automatically even if he is named on the child’s birth certificate.
An unmarried father can obtain parental responsibility by making a Parental Responsibility Agreement with the mother; applying to the court for a Parental Responsibility Order; or by obtaining a Residence Order. If parental responsibility is obtained by an agreement or an order of the court, it automatically ends when the child reaches the age of 18.
Our legal team can help and guide you through your options.
When a relationship breaks down, individuals can enter into an agreement covering maintenance, care of the children and division of any property as an alternative to divorce or other court proceedings.
These are often used when people cannot or do not yet want to obtain a divorce or other court order but have agreed arrangements and want them to be put in writing. A separation agreement is not a court order but it is enforceable in the same way as any other contract.
We can give you an expert opinion on the proposed terms of such an agreement or suggest appropriate terms to you. We can also draw up appropriate documentation for any agreed arrangements so that they are correctly recorded and put into practice.
MEDIATION/ALTERNATIVE DISPUTE RESOLUTION
