Under the Law of England and Wales there is only 1 ground for Divorce and that is that the marriage has broken down irretrievably. In order to prove this, petitioners can rely on 1 of the following 5 facts:
There are 4 main stages of the Divorce Process:
Being divorced means that you are free to legally re-marry. Matrimonial finances are dealt with separately to a Divorce. A Decree absolute will not automatically end the financial claims that you and your and your spouse may have against each other by virtue of your marriage. It it therefore a good idea to resolve the issue of matrimonial finances simultaneously with your Divorce.
We understand the importance of dealing with these matters sensitively, and we have a specialist matrimonial team on hand to help you at your own pace.
Please contact Lauren Rigby at our Wallington office on 020 3551 8053. Click here to read more about the services we offer.
Solicitor in Family and Child Law, Anesha Pavaday has shed some clarity on some common questions relating to Non-Molestation Orders.
You can apply for a Non-Molestation order to protect you from abuse against an 'associated person'. An associated person is any of the following:
The order lasts for a fixed term, which is typically 6 months or a year. However, it can last until a further order of the court is served or in some cases, indefinitely.
The order does not show on a DBS check unless it has been breached. A breach of a Non-Molestation Order is a criminal offence and the offender can face a fine and/or imprisonment or up to five years.
There is no court fee for a Non-Molestation Order, but there is a small fee involved for a Solicitor to prepare your application and represent you at Court. If you are on low income, you may be eligible for legal aid to cover the cost of your legal fees. If you are not eligible for legal aid, we do provide competitive and affordable prices. You can contact us here to receive a quote.
A Restraining Order and a Non-Molestation Order both offer protection from domestic abuse. The main difference is that a Non-Molestation Order is granted by the Family Court and a Restraining Order is granted by the Criminal Court.
You can remove a Non-Molestation Order by applying to the Court to discharge the order.
A Non-Molestation Order will not offer protection until your abuser is aware of the order. To ensure the abuser is aware of the order a process server is instructed to hand deliver a copy of the order to the abuser. This is so we can be sure he/she has received it and is aware of the terms of the order.
If you are looking for advice on applying for a Non-Molestation Order, or you have had one served against you, please contact Anesha Pavaday in our Eastbourne office on 020 3551 8090.
If you are suffering from domestic violence, there are places that can offer their support. In the case of an emergency, we would always recommend you call 999.
Refuge are a charity who run the UK Domestic Abuse Helpline which is open 24 hours a day. In addition there is a program called 'safe spaces' which enables women to have support resources available to them in public places. Male victims of abuse can also contact Mankind for support. They offer a confidential helpline as well as other support for victims.
Forced marriage is illegal and can cause both physical and emotional trauma to victims. Shaheen Marriott, Family and Child Law Solicitor, answers some frequently asked questions on the issue that is Forced Marriage below.
It can be hard to spot, as arrangements are often made in secret. This is to ensure that the victim does not know they are being set up to be married. Common indicators of risk can be:
A forced marriage is sometimes referred to as an 'arranged marriage'. However, a forced marriage is where an individual is given no choice about the marriage.
An arranged marriage can be done with the individual's knowledge and consent to the arrangement, and can involve the individual's families and social groups when selecting a potential partner.
A forced marriage is a marriage which takes place against your will. It can be a marriage that you agreed to, but only due to having no choice in the matter or made to do under pressure from family, social or religious groups.
Countries in Asia, the Middle East and Africa are typically linked to the concept of forced marriages, however, it is important to be alert to the issue as it can (and does) take place in Western Countries as well.
It is an order made to protect a person who has been, is at risk of, or is being forced into a marriage against their will. The order will impose restrictions against family members to prevent them from being able to carry out the marriage. It can also put in place other measures, such as the surrender of passports.
It is usual practice to serve the Court Order on the Passport Office to that any attempt by the family to remove the victim from the Country can be prevented. Orders can be made as part of other family court proceedings or as an application, and often are considered without the respondents being told in advance. This is to ensure that the order is there to protect the person at risk first. Breaches of these orders can lead to arrest and prosecution.
You can obtain a Forced Marriage Protection Order under the Family Law Act 1996 and the Forced Marriage (Civil Protection) Act 2007. These acts were brought in to give the Court the power to make orders to protect people at risk of forced marriage. The Anti-social Behaviour, Crime and Policing Act 2014 made forced marriage a criminal offence in England, Scotland and Wales.
If you have any further queries on the above, or are looking to obtain legal support and guidance, please contact Shaheen Marriott based in our Sevenoaks office on 020 3551 8443. Alternatively, you can contact us here.
There are many organisations that are able to provide support and assistance to victims of forced marriage. If it is an emergency, it is always advised to call 999 in the first instance.
We understand that relationships can break down, and whilst many couples may separate, they may not know that they can do so legally. Partner and Collaborative Lawyer, Georgina Earle-Hutton shares some insight into Legal Separation below.
The correct term for a legal separation is judicial separation. A judicial separation is a legal process whereby a married couple or parties in a same-sex marriage or civil partnership can legally separate without divorcing or dissolving their civil partnership.
Unlike divorce or dissolution of a civil partnership, there are no time limits. Therefore, parties can apply for a judicial separation at any time after their marriage or registration of their civil partnership and can continue to be judicially separated until either party applies for a divorce.
There are a number of reasons why parties to a marriage or a civil partnership may not want to get divorced. These may be because of:
The main disadvantage of a judicial separation as opposed to a divorce is that the parties are still married. This means that in the event of either party finding a new partner, they will be unable to remarry until decree absolute has been pronounced, or in the case of a civil partnership, the civil partnership has been dissolved.
Although the Court can make financial provision orders for parties to a judicial separation in respect of their assets unlike in divorce proceedings or civil partnership proceedings, the Court is unable to make any orders in respect of either parties pensions. Therefore a parties pension which may be a valuable and considerable matrimonial asset would remain the sole property of each party. That asset could be drawn down, cashed in or dissipated, thereby defeating a claim of a party at a later date in divorce proceedings.
Our family specialists offer a 1 hour fixed fee consultation in which our specialists will be able to provide you with further legal advice. They can advise you in relation to considering whether a judicial separation is the appropriate option for you, or whether a divorce would be more appropriate to your situation.
Please contact us on 020 3551 8500 so that we can make a mutually convenient appointment for you or contact us here to see how we can assist you.
Nicola Jones-King, as Head of the Division, is very pleased to announce that the team have been shortlisted for this national award, in recognition of what the team stands for and the high standards of legal service everyone continued to provide to clients throughout the pandemic lockdown and through the merger of the two businesses. She says “these have been challenging months in many ways, with the new pressures of remote working and juggling family and work within a changing world where most client work began virtual overnight, and with huge rises in care and domestic abuse clients needing help. That the team had been able to adapt so well to new ways of working, is a testament to the hard work and dedication of every member, and the true team spirit and cooperation between everyone that makes this team the best group of family lawyers, who are a joy to manage and being nationally recognised, is justly deserved”
As part of Taylor Rose TTKW Ltd, an ABS, we advise clients across a wide range of services. Taylor Rose McMillan Williams is a multi-branch law firm with 32 offices, covering Cumbria to Sussex, with headquarters in Peterborough and London.
The specialist Family team undertake publicly funded certificated work and private Family work: from Abduction, Adoption, Care, Child Arrangements, Divorce, Forced Marriages, FGM issues, Family Law Act applications, Financial Remedies through to Wardship. The team has a strong reputation in Care Proceedings, with nine Children Panel Solicitors; Nicola Jones-King, Amarjit Ryatt, Sheila Gulliver, Sarah, Newens, Barbara Macdonald, Charlotte Collier, Elen Davies, Lisa Ursell, Keeley Lengthorn; with two others working towards their applications. And works with a number of domestic abuse organisations, providing Pro-Bono Legal advice; Family Justice Centre (FJC), Bromley One Stop Shop, Chelmsford Law Clinic, Anglia Ruskin University, Next Chapter, FLOWS, The Link Café, Safer Places and Southend-on-Sea Domestic Abuse Projects (SOSDAP), who refer Clients directly as we will go the extra mile for each one.
It is a testament to the team that we are being sought out as the firm that can ensure protection for victims the quickest, having not allowed the constraints of working remotely to impact the quality of service provided to those who are in desperate need. This period has shown the enhanced skills and dedication of our team, whose commitment and innovation, has allowed our clients to be supported throughout.