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Family Law PDF Print

Family Law & Divorce

Here at Bathurst Brown Downie & Airey we recognise that the breakdown of a relationship places the parties involved in one of the most stressful situations they are likely to find themselves in.  Our aim is to guide you through your family or relationship issues quickly and efficiently so as to minimise distress and costs.  We offer a highly personal service in an environment where client satisfaction and wellbeing is our primary concern.

Our aim is to guide you through the relevant process and obtain the best results for you.  In particular we offer solutions to the following:-

Divorce

The requirements for applying for a divorce are that you must have been married for at least one year and will need to show that your marriage has broken down irretrievably as a result of one of the following factors:-

a)    that your spouse has committed adultery and you find it intolerable to live with him/her.
b)    that your spouse has behaved in such a way that you cannot reasonably be expected to live with him/her (unreasonable behaviour)
c)    that your spouse has deserted you for a continuous period of two years immediately preceding the presentation of a divorce petition.
d)    that you and your spouse have lived apart for a continuous period of two years immediately preceding the presentation of a petition and your spouse consents to a decree being granted.
e)    that you and your spouse have been separated for a continuous period of at least 5 years.

A relatively straightforward divorce takes between 4-6 months to complete and there is usually no need to attend Court.

Judicial Separation

A Decree of judicial separation is obtained via exactly the same process as a divorce save that the final Decree does not dissolve the marriage.  This option is sometimes considered for social, religious or other reasons.

Separation Agreements

A great deal of animosity can be avoided by reaching an agreement on separation the terms of which can be embodied into a formal deed of separation.  Such a document is very useful when there are no immediate plans to divorce.  It has the advantage of letting each party know exactly where stand so they are free to lead independent lives.  It is also relatively inexpensive compared to divorce.

Pre-Marital Contracts

Although unenforceable under English law a properly drafted Pre-Marital (or pre-nuptial) will be one of the factors considered on any subsequent divorce and is particularly useful for those entering into their second marriage with their own assets.

Injunctions

Domestic abuse encompasses many types of unacceptable behaviour including, but not limited to, physical and sexual abuse.  Under the Family Law Act 1996 the appropriate remedy can be sought to protect you from such abuse or threatened abuse.

Children

When considering any matters concerning children, essentially a Court must decide upon what is in the best interests of the actual child(ren).  It should be noted that what each parent wants might not be what is in the best interests of the child(ren).  While parents are always encouraged to agree matters relating to a child's upbringing rather than have the issues determined by a Court, the following orders are just some that are available under the Children Act 1989:

A Residence Order settles who a child lives with

A Contact Order  allows a child to stay with or visit a named person.

A Prohibited steps Order  stipulates that the consent of the Court is required before a specified action concerning a child can be taken.

Financial Settlements

A Financial settlement can be made in respect of the (a) matrimonial home, (b) all other matrimonial assets including life policies, stocks and shares, (c) accrued pension benefits and (d) maintenance.

When considering how best to achieve a 'fair' settlement consideration must be given to the financial needs and obligations of each party.  Section 25 of the Matrimonial Causes Act 1973 provides the guidelines that the Court will use in exercising its discretion on distribution of the assets acquired jointly during marriage.  It should be noted that since December 2000 the Courts have had the power to make orders dividing pensions between spouses.