We have specific expertise in different areas of family law.
Our family law services cater to a diverse range of legal issues that individuals may face in their personal and family relationships in the UK.
Ash Family Law areas of expertise
We offer a wide range of services in family law for the UK to help individuals navigate legal challenges related to their personal and familial relationships.
Divorce, Separation and Nullity
Separation and divorce can be challenging and emotionally draining experiences for everyone involved. It can be a difficult decision to end a relationship or marriage, and the process can often be complicated and stressful. The division of assets, custody arrangements, and financial support can all be contentious issues that require negotiation and compromise. It’s important for those going through separation or divorce to take care of themselves and seek support from family, friends, or a professional counsellor. While it can be a painful experience, with time and healing, it is possible to move forward and create a new chapter in life.
Civil partnership is a legal relationship which can be registered by two people who are not related to each other. Civil partnerships are available to both same- sex couples and opposite sex couples. Registering a civil partnership will give your union legal recognition, and the same rights as couples who are married. Civil partnerships are formed by signing a partnership agreement and ended by dissolution.
Judicial separation is a legal process that allows married couples to live apart while remaining legally married. It is an alternative to divorce and may be chosen for a variety of reasons, such as religious or cultural beliefs that prohibit divorce, or for financial reasons. During a judicial separation, the court may issue orders regarding child custody, financial support, and the division of assets. The couple will continue to be legally married, and they will not be able to remarry without first obtaining a divorce. Judicial separation can provide space for couples to work on their issues while maintaining legal protections for themselves and their children. It may also be a stepping stone towards divorce if the couple decides to end their marriage.
Financial claims arising in divorce
Financial claims arising in divorce refer to the division of assets and liabilities between spouses during divorce proceedings. The process involves assessing the value of all assets, including property, savings, investments, business interests, trusts, pensions and income. Financial claims can also address on-going financial support for one spouse from the other, either spousal maintenance and/or child support. The division of assets can be a complex process and often requires negotiation and compromise between the parties involved. The court may also become involved to ensure that the outcome is fair and equitable. It’s important for individuals going through divorce to seek legal advice and support to ensure that their financial interests are protected.
Pension sharing is a way of dividing a pension plan between spouses during a divorce settlement. It allows a portion of one spouse’s pension to be transferred to the other, providing financial security for both parties. The pension sharing process involves calculating the value of the pension and determining the percentage that will be transferred to the other spouse this involves instructing a pension on divorce expert. The receiving spouse will usually receive their pension credit into their own pension account. Pension sharing can be a complex process that requires careful consideration of both parties’ financial needs and future retirement plans. It’s important to seek professional advice from a financial advisor or lawyer who specializes in divorce and pensions to ensure that the process is handled correctly and fairly.
Financial provision for children
Financial provision for children refers to the financial support that parents must provide for their children, In the United Kingdom. The Schedule 1 Children Act 1989 allows parents (unmarried couples) to make financial claims on behalf of their children. These claims can include payments for housing, educational costs or disability costs, and other living expenses. The court may also require one parent to provide financial support to the other parent who has primary care of the child. The amount of financial provision for children is determined by the child’s needs, the parents’ financial resources, and other relevant factors. It’s important for parents to seek legal advice and support to ensure that their children’s financial needs are met and that the financial arrangements are fair and sustainable for both parties.
Variation and setting aside of financial orders
Variation and setting aside of financial orders refer to the legal process of changing or cancelling a financial order made during a divorce settlement. A financial order is a court order that sets out the financial arrangements between the parties, such as the division of assets or spousal maintenance. There may be circumstances where a financial order needs to be set aside, such as if there has been a change in financial circumstances or if the order was based on incorrect information or non-financial disclosure. In such cases, an application can be made to vary or set aside the financial order. The court will consider the reasons for the application and the impact it may have on both parties before making a decision. It’s important to seek legal advice and support before making an application to vary or set aside a financial order to ensure that the process is handled correctly and fairly.
Legal Separation and Separation agreements
Legal separation is a process where couples who do not want to divorce can obtain a court order that formalizes their separation. This process involves dividing property, determining child custody, visitation, and child support issues, and establishing spousal support arrangements. Separation agreements are contractual documents, which are binding on the parties. They formalize the financial arrangements made by the parties at the time separation. These agreements outline the parties’ rights and responsibilities in relation to finances, assets, debts, and children. Legal separation and separation agreements can provide couples with an opportunity to separate their lives and finances without getting divorced. This can be a good option for couples who are not ready for divorce, but need time apart to work on their issues. It’s important to seek legal advice and support before entering into a separation agreement to ensure that the terms are fair and legally enforceable.
Pre-nuptial and post nuptial agreements
Pre-nuptial and post-nuptial agreements are legal documents that outline the financial arrangements between couples before or after marriage. A pre-nuptial agreement is made before the wedding and a post-nuptial agreement is made after the wedding. These agreements can address issues such as the division of assets, spousal support, and inheritance. Pre-nuptial and post-nuptial agreements can be particularly useful for individuals who are bringing significant assets or debts into the marriage, or for those who have been married before and want to protect their assets. These agreements can also be helpful for couples who want to plan for the possibility of divorce or separation. Pre-nuptial and post-nuptial agreements are not legally binding in the U.K, they can provide a framework for resolving financial issues in the event of a divorce. Also these agreements provide autonomy for couples. It’s important to seek legal advice and support before entering into a pre-nuptial or post-nuptial agreement to ensure that the terms are fair and legally enforceable.
Cohabitation is a term used to describe unmarried couples who live together and are in a relationship. If you and your partner share a home, and are not married or in a civil partnership, you are a cohabiting couple. This means that if the relationship breaks down, there may be no automatic right to financial support or property division. It’s important for cohabiting couples to consider making a cohabitation agreement that sets out their respective rights and obligations. Cohabitation agreements can address issues such as the division of property, financial support, and parenting arrangements. Seeking legal advice and support is crucial when making a cohabitation agreement to ensure that the terms are legally enforceable and provide adequate protection for both parties.
Domestic Violence, domestic abuse and emergency legal protection.
Domestic violence and domestic abuse affects many people, regardless of gender, age, or background. Domestic violence is abusive behaviour employed by a partner to exert control and power over the other partner. Domestic abuse captures a wider range of behaviour that may not be violent. It involves abuse, such as physical, emotional, financial, psychological or sexual, perpetrated by one person against another in a domestic setting. Controlling and cohesive behaviour is also a form of abuse. In the United Kingdom, there are laws and procedures in place to protect victims of domestic violence. This includes emergency protection orders, which can be obtained quickly to protect victims from immediate harm. These orders can prohibit the perpetrator from contacting the victim or entering their home. In addition, victims of domestic violence can seek legal remedies, such as non-molestation orders, which can prohibit the perpetrator from harassing, intimidating or threatening them. A party can also apply for an occupation order, which is a type of injunction that regulates who can, or cannot live in the home or certain parts of it. The court can suspend a party’s right to occupy their own property. If you are experiencing domestic abuse or have been threatened with violence, by your partner, we can help you.
Children Law – child arrangements
Children Law refers to the area of law that deals with legal issues related to children, such as child arrangements, child custody, and child access. Child arrangements refer to the legal arrangements made for a child’s care and upbringing, including where they will live and who they will spend time with. These arrangements can be made between parents, or by a court in cases where parents cannot agree. Parental responsibility refers to all the rights and duties that a parent can make in relation to decisions Child custody refers to the legal authority to make decisions about a child’s upbringing, such as education, healthcare, and religion. Child access, also known as child visitation, refers to the right of a non-custodial parent to spend time with their child. The welfare of the child is of the paramount consideration in these matters. When parents cannot agree on child arrangements, custody, or access, they may need to seek legal advice and support to help them reach an agreement or to obtain a court order. It’s important to seek the advice of a qualified family law solicitor to ensure that your rights are protected and your child’s best interests are upheld.
The only ground for divorce is still irretrievable breakdown of the marriage, and the previous requirement to prove one of five facts (adultery, unreasonable behavior, desertion, two years’ separation with consent, or five years’ separation without consent) has been replaced by a requirement for a statement of irretrievable breakdown. This statement can be made by one or both parties, and there is no need to prove any specific facts. The new law is no fault divorce.
The length of time it takes to get a divorce in the UK can vary depending on the complexity of the case and how amicable the parties are. Generally, it takes up to 7 months to finalise a divorce, and it can take longer if there are disputes over financial settlements or child custody.
In the UK, the court will take into account a number of factors when dividing property in a divorce. These may include the length of the marriage, the age and health of the parties, the earning capacity of the parties, the ability of one party to increase their future earning capacity, pensions, the financial needs of each party, and any minor children of the marriage. The court will aim to divide the property fairly, and this does not necessarily mean equally.
A financial order is a court order that sets out how assets and debts will be divided between the parties in a divorce. This may include property, pensions, savings, and other assets. It may also include maintenance payments or lump sum payments.
The court will always prioritise the welfare of the child as of the paramount consideration when making decisions about child custody. This may include considering the child’s wishes, the relationship between the child and each parent, and the ability of each parent to provide for the child’s needs. The court may award sole custody to one parent, joint custody to both parents, or a shared care arrangement.
While it is not legally required to have a solicitor for a divorce, it is highly recommended. A solicitor can provide legal advice and support throughout the process, helping to ensure that your interests are protected and that you achieve a fair financial settlement.