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Family Law

Monday
Sep272010

Family and Marital Law

Kidwells Law Family solicitors can provide you with the legal information you need so that you can make the right decisions affecting your family.   

Common matters our Family solicitors advise on include, but are not limited to:

  • Divorce and annulments 
  • Pre-nuptials 
  • Co-habitation agreements and disputes 
  • Civil partnerships 
  • Child care and support/maintenance 
  • Mediation 
  • Collaborative law
  • Wills and family trusts 
  • Family businesses 
  • Adoption 
  • Domestic violence and harassment 
  • Family disputes 
Monday
Sep272010

Divorce and annulments

The legal process of ending a marriage or civil partnership can have a major emotional and financial impact on all family members.  

Kidwells Law Family solicitors aim to help separating couples achieve a constructive settlement of their differences in a way which avoids protracted arguments and promotes co-operation between parents in decisions concerning children. 

Monday
Sep272010

Pre-nuptials 

No one wants to believe their marriage will end; however currently 1 in 3 marriages do not work out and therefore making a pre nuptial agreement is one way of planning ahead for this unforeseen situation. 

A Pre-Nuptial Agreement clarifies your shared responsibilities in your relationship and provides a safety net should unfortunately your marriage dissolve.

Monday
Sep272010

Co-habitation agreements and disputes 

The process of drawing up a cohabitation agreement can provide clarity and guidelines for the relationship between you and your partner. It can also make things easier and less painful in the event of a break up. 

The cohabitation agreement will be unique to you, taking account of your personal circumstances. It is important therefore that you have the opportunity to sit down with your partner and discuss all the issues that might arise in your relationship. Our friendly Family Law solicitors are experienced in this type of situation and can help prompt thoughtful discussion.  

The agreement can help provide guidelines on the way you wish to live within your partnership – however in the event of a break up, and you are not able to sort matters out amicably, you may be able to use cohabitation agreement in a legal setting, providing it meets the legal criteria that apply to contracts. Therefore it is important that you seek legal advice when drafting your agreement.  

Monday
Sep272010

Civil partnerships 

A Civil Partnership is exclusively for same-sex couples and is distinct from marriage. Opposite-sex couples can opt for a religious or civil marriage ceremony as they choose, whereas formation of a civil partnership aims to provide comparable rights to same sex couples as those enjoyed by married heterosexual couples.  

As with marriages, the unforeseen can happen and your relationship may not work out as you had planned. If you do decide to dissolve your civil partnership, we can advise and guide you through the process.  Our highly experienced Family Law solicitors will outline your options at every stage and give you the information to make your own decisions. Mediation or Collaborative Law may also be an option for you.

Monday
Sep272010

Childcare and support/maintenance 

Should you decide to leave your relationship, and you have had children in that relationship, you may be required to pay child support or be entitled to receive child support. You do not have to been married for a child support obligation to be made.  

Child support is based on the policy that both parents are obliged to financially support their children, even when the children are not living with both parents. Child support refers to the financial support of children and not other forms of support, such as emotional support, physical care, or spiritual support. 

When children live with both parents, courts rarely, if ever direct the parents how to provide financial support for their children. However, when the parents are not together, courts often order one parent to pay the other an amount set as financial support of the child. 

Kidwells Family law solicitors can help you through what can sometimes be a difficult or stressful negotiation and ensure you reach the financial settlement that's right for you. 

Monday
Sep272010

 Mediation 

Most people going through a divorce or separation would rather avoid having to go to court if possible. If you are thinking about divorcing or separating from your partner you may wish to consider mediation. 

Mediators are trained to help people resolve disputes without going to court. Both parties can explain their problems and concerns to each other in an open and honest forum. The mediator is neutral and will not take sides, but will guide the discussion and promote resolution. They are not advisors and will not give advice on your individual position to either of you and will usually recommend that you each obtain legal advice alongside the mediation process. 

Mediation can be a quicker and therefore less costly way of resolving a family issue than going to court. Kidwells Law can put you in touch with recommended mediators and can work alongside you should you need legal advice during the mediation process. 

Monday
Sep272010

Collaborative law 

The collaborative family law process is a relatively new way of dealing with family disputes. Each person appoints their own solicitor but instead of conducting negotiations between you and your partner by letter or phone you meet together to work things out face to face.  

Each of you will have your solicitor by your side throughout the entire process and therefore you will benefit from legal advice as you go. The aim of collaborative law is to resolve family disputes without going to court.

Monday
Sep272010

Wills and family trusts  

Please refer to our Wills, Trusts and Probates section. 

Monday
Sep272010

Family businesses 

A family business is a business in which one or more members of one or more families have a significant ownership interest and significant commitments toward the business’ overall well being.

Problems may arise in family businesses when the interests of a family member may not be aligned with the interest of the business. This may occur when a family member is seeking progression in the business but is not as competent as a non-family member, or where the interests of one family member may not be aligned with another family member.   This could occur when family members are divorcing or separating and wish to sell the business to maximize their return, whilst other family members wish to keep the company as a source of their income and employment or to pass down to their children as a career opportunity. 

Kidwells Law Family solicitors aim to help resolve disputes in family businesses by achieving a constructive settlement of differences in a way which avoids protracted arguments and promotes co-operation. Our experienced Commercial solicitors can also advise on the re-drafting of contracts or shareholder agreements if required.

Monday
Sep272010

Adoption 

Adoption is a legal process that creates a new, permanent parent-child relationship where one didn't exist before. 

Adoption bestows on the adoptive parent(s) all the rights and responsibilities of a legal parent, and gives the child being adopted all the social, emotional, and legal rights and responsibilities of a family member. 

This can be an exciting and anxious time for many new adoptive parents. Kidwells Law Family solicitors can support you through this process including the adoption proceedings which take place in court before a Judge.

Monday
Sep272010

Domestic violence and harassment 

If you are suffering from domestic violence, you may need legal support to resolve your issues. Domestic violence can be broadly defined as a pattern of abusive behaviours by one or both partners in an intimate relationship such as marriage, dating, family, friends or cohabitation. 

Domestic violence can take many forms including alcohol abuse, threatening verbal and non-verbal behaviour and intimidation. Kidwells Law Family solicitors can help identify these, and can assist in determining whether the violence constitutes a crime. We can work with you to try to resolve matters in your domestic arrangements through mediation if appropriate, or to work with the courts to protect you and your children through legal processes 

If you or your children are subject to domestic violence where you feel in immediate danger, you should seek the advice and protection of the police in the first instance.  

Monday
Sep272010

Family disputes 

Family disputes hurt not only the parties directly involved, but also other members of the family, for instance, any children.  

Kidwells Law Family solicitors aim to help disputing families achieve a constructive settlement of their differences in a way which avoids protracted arguments and promotes co-operation. 

For more information call our team on 01432 278 179 or email your enquiry to us.