Family Law Solicitors
Our team know how important family are. We focus on providing trusted, client-centred legal services
Our family law solicitors are here to patiently listen to your issues and offer sensitive, efficient legal support. We advise on the full range of family law issues for married or separated individuals.
The Areas We Cover
We can assist you in a wide range of areas such as :
- Divorce
- Financial Settlements
- Children and child arrangement orders
- Prenuptial Agreements
- Grandparents Rights
- Cohabitation and Unmarried couples
- Domestic Abuse
Grounds of divorce in the UK
To prove that a marriage has irretrievably broken down, you must base it on one of the following factors:
- Adultery
- Unreasonable behaviour
- Separation of years -with consent.
- Separation of years – without consent
- Desertion
How divorce works in the UK?
- Check if you are eligible to get divorced.
- Make arrangements (child, money and property).
- Apply for a divorce.
- Apply for a conditional order/decree nisi.
- Finalise your divorce by applying for a final order or decree absolute.
- Report changes in circumstances to government organisations.
Which divorce papers do I file?
To apply for a divorce, you will need a marriage or civil partnership certificate to help you complete the application correctly. Without this, you will need to file a D11 form (and pay a fee) or request a marriage certificate copy (for a fee).
What divorce settlement am I entitled to?
An official legal agreement will set out how matrimonial assets (savings, debts, vehicles etc) and property are to be distributed. What an individual receives from a divorce settlement will be what is determined fair by the parties involved or the court and another number of factors are taken into consideration e.g., needs of the individual, child custody and future earnings.
After the divorce is finalised, the individual may be entitled to spousal maintenance.
Can I file for a divorce without the marriage certificate?
You are required to submit your original marriage certificate to the court when issuing a divorce.
In order for your divorce to be approved your marriage certificate will need to be replaced with your certificate of Decree Absolute, this is proof that your marriage has been resolved.
The Decree Absolute is an important document, which is required when you re-marry.
Is it possible to marry abroad and divorce in England and Wales?
Proceedings may be issued in England and Wales if the marriage was lawful in the country where the marriage took place and one of the following conditions apply:
- Both you and your spouse are habitually resident in England and Wales.
- Both you and your spouse were last habitually resident in England and Wales, and one of you still resides here.
- Your spouse is habitually resident in England and Wales.
- You are habitually resident in England and Wales and have resided here for a year.
- You are habitually resident in England and Wales and have resided here for 6 months and you are also domiciled in England and Wales;
- Both you and your spouse are domiciled in England and Wales.
Divorce with children
Child arrangement orders can be made without going to court. A legal advisor such as a solicitor can make the agreement legally binding or help apply for a court order.
If the child is 9+, they may need to meet a CAFCASS officer so their feelings can be considered. If an agreement is not met, the CAFCASS officer will prepare a report which will be used in court.
Maintenance can be agreed upon at the same time or separately.
It is important to support your child through the divorce as this can be an intense loss and a traumatic experience.
Is Islamic divorce Recognised in the UK?
If a marriage has had an additional civil ceremony or took place in a registered building, it will be considered legally valid and eligible for civil divorce and have protection.
Whether your nikah took place overseas and is recognised as a valid marriage in that country then in certain circumstances, English law may recognise the ceremony as valid. Therefore, parties may be eligible for a divorce in an English court.
English law typically regards parties of a religious marriage (with no registered marriage) as cohabitants of a ‘non-marriage’.
What is No-Fault Divorce?
From the 6th of April 2022, the laws surrounding divorce proceedings will drastically change.
- This law will remove the need to provide evidence that their spouse is at fault, instead of having to only provide a statement that outlines that the marriage has broken down irretrievably.
- This will remove the ability to contest and defend the decision to divorce
- It allows for joint applications – couples will now be able to apply together
- A reflection period of 20 weeks is to be introduced between the start of proceedings and when a Conditional order (formally Decree Nisi) can be applied for. This aims to reduce the conflict between parties and encourages amicable decision-making. There is a minimum period of 6 weeks between the conditional order and when the order can be made final (Decree Absolute).
- This law aims to simplify the divorce process by removing the requirement for one party to blame the other.
Divorce where one party refuses
You do not need your partner’s permission to apply for a divorce. You can apply for a sole application – your partner will be called the ‘respondent’.
Seeking legal advice is a good idea as they represent you and can liaise with your partner to discuss the division of money, property, children etc.
Your partner can only dispute the divorce if:
- Marriage wasn’t valid in the beginning
- They think the marriage has already ended through divorce or dissolution
- They don’t think the court is allowed to deal with the divorce aka not having jurisdiction
Why victims of domestic abuse stay ?
- Fear and control – coercive control is present in many abusive relationships. This is a strategy used by abusers to ensure the victim is too afraid to leave them. This can be from the threat of violence or making sure the victim has no support network outside of their relationship with the abuser. Control can continue even after a victim leaves a relationship so injunction orders may be necessary to investigate. (Non-molestation order/harassment order)
- Accommodation/finances –
- Victims may not have another place to flee to. They are trapped by being reliant on the finances and housing situation a relationship might bring. They may feel like they have little or no support that they can fall back on after leaving the relationship. An occupation order may be something to look into in terms of accommodation. Victims can proceed with this order alongside another protective measure to dictate who resides in a property that they have ties.
- If a victim has insecure immigration status, the process of leaving an abusive relationship could lead to them feeling vulnerable to deportation. Some victims may not speak English, but this does not mean they should not apply for protective orders through the family courts. (Translation and support can be offered by us, can also help with any problems of immigration).
- Childcare matters – They may feel like children can be used to manipulate situations. Some orders can be obtained to help with the care of a child, they can ensure where a child lives and resides, which parent they spend time with and when can determine which parent holds parental rights etc. Child arrangement orders and Prohibited steps order.
Divorce solicitors fixed fee
If the client is making an application:
£600 plus Vat + Court Fee
Responding to the application:
£300 + VAT
Why Choose Amicus Solicitors for Family Law?
Our family law solicitors are here to patiently listen to your issues and offer sensitive, efficient legal support to reduce distress to you and your family. We aim to provide clear and concise advice on a full range of family law issues, including divorce and separation, financial and child arrangements, for individuals who are married or separated.
Our team understands how important families are and knows exactly how to support you through the whole legal and financial process.
We are an established multi-service legal platform serving the North West that houses solicitors and legal experts who are multilingual and can assist you in Urdu, Punjabi, Farsi, Mandarin and more.
We can offer a fixed fee or an hourly rate for our services.
Contact our Family Law experts by calling 0161 434 4448 or request a call back from us.
Testimonials
What People Say
FAQ's on Family Law
If you have lost/misplaced your original marriage certificate, you can contact your local Registrar’s office to get a copy of the marriage certificate.
From May 2021 marriages are recorded online. The new single electronic register will speed up the process of legally approving your marriage and if you misplace the paper copy of your marriage, you can easily get a copy online.
If both parties agree to divorce, they can apply through a joint application.
You will need to contact the Embassy of the country you were married. They might assist you with the steps required to get a certified copy of the certificate.
If the certificate is not in English, then you will need to get it translated into English and certified by a Notary.
GOV state if you transfer an asset after divorcing you may have to pay capital gains tax. This can be calculated via HMRC
Many divorce settlements are not taxable – there is no immediate tax charge on assets transferred under a divorce settlement. However, additional tax may incur depending on the specific circumstances of the divorce case.
Only the final order/decree absolute is classified as a public record.
Pensions are considered part of the overall financial settlement along with other financial assets of the marriage.
Your basic state pension cannot be shared if you divorce. If the court issues a pension sharing order, if decreed by a judge then that’s when your pension is to be shared.
The applicant may be eligible to receive SS benefits based on the spouse’s earnings record. However, only if they have been married for 10+ years
If joint owners, both parties have the right to stay in the home during the divorce until a court order is issued.
If the property is in sole name of the spouse but was a family home, it is important to register home rights (your interest in the property) with the land registry which stops the spouse from selling the home.
If you are a joint owner, you are still responsible and liable for paying the mortgage. If one party does not pay their share, the other party can be held responsible for the full amount and it is likely that it will an adverse impact on both parties credit ratings.
You do not need to reach a financial settlement to finalise the divorce. However, without a financial order in place, the ex-partner can potentially put forward a money claim years after divorce as you and your ex-spouse were not financially and legally separated (e.g., via clean break or consent order, amicable agreement).
No, a divorce lawyer cannot represent both parties– conflict of interest.
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FAMILY LAW
Family Law Specialist
Our family law team understands how important family is and is here to support you through the whole legal and financial process.
We can offer you a fixed fee arrangement for our services or work can be billed on a hourly rate.
