Pickering & Butters family department provides friendly professional support to clients on a wide range of family matters. Our team of legal and support staff has the experience and skills to help you deal with all legal matters that can affect you, your family or your home.
Our approach to family law is not only professional and effective but highly sensitive and designed to produce constructive agreement wherever possible. No two cases are the same, which is why our service is always tailored according to your particular circumstances. Whether your problem is immediate or not we understand that delay in obtaining advice can often add to your worries so we will always endeavour to see you within 24 hours.
For more information or to discuss your requirements please contact our Stafford Family Department on 01785 603060 or our Rugeley Family Department on 01889 803080.
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Whether advising in the context of divorce or separation we recognise and understand the level of stress and emotional trauma that accompanies the breakdown of a marriage. Our approach is to advise and assist in a sympathetic but objective manner.
Often at the time of separation you may simply want to talk to someone about ‘your rights’ and how the separation will affect you and your children long before you need to worry about divorce or other matters. That's why we offer a free half hour consultation.
For further information on divorce please see our Divorce Information (FAQ) section.
The legal formality of getting a divorce is a relatively straightforward process. What is generally much more complex is sorting out what should happen to the matrimonial home, creating a fair division of the assets and any shared pension entitlements.
It is these points that if not dealt with properly can cause much larger problems in the future.
We aim to keep your stress and costs to a minimum and will, whenever possible, attempt to achieve a settlement by way of a negotiated Consent Order (an agreement put into a court order to ensure your spouse keeps to the agreement in the future) rather than contested Court Proceedings.
We will always endeavor to follow the Transaction Protocol which was outlined by one of the leading High Court Judges and sets out guidelines that assist the resolution of the financial aspects of a divorce in the most cost effective manner possible and avoids undue acrimony.
We understand and appreciate the distress and trauma involved when dealing with child related disputes. Our advice is designed to minimise upheaval and disruption so we will always ensure that the child's welfare is the primary consideration.
Although it may not always seem like it often problems can be resolved simply by better communication. As parents, you share responsibility for your children and have a duty to talk to each other and make every effort to agree about how you will bring them up; we will support you in this process.
When all other options have failed we will make the appropriate applications to the Court for one or more of the following orders:
For further information on what the courts will expect from parents please read the What the Family Courts expect from Parents document provided by HMCS.
Cohabitation and living together agreements
Despite a prevailing political climate in favour of the introduction of a separate code of law, as things stand at present there is no statutory code governing the breakdown of the relationship of co-habiting heterosexual couples. Unlike divorcing spouses such cohabitees are obliged to turn to complex and, in certain circumstances, archaic principles of property, trust and contract law. The position is complicated further where one of the partners in the relationship dies.
However, the law in relation to same sex couples has changed radically by the introduction on 5 December 2005 of the Civil Partnership Act. The Act provides a mechanism for same sex couples to register the formation of a civil partnership and if the relationship subsequently breaks down allows for its dissolution. On dissolving a civil partnership the Court can exercise similar powers in relation to finances and children as are available on divorce.
We are able to offer practical and pragmatic advice and have the necessary experience and expertise to address the issues which fail to be resolved upon the breakdown of such relationships.
Pre-Nuptial Agreements and Asset Protection
At a time when, arguably, the judiciary is becoming more progressive and the Courts are increasingly being influenced by European and US jurisprudence, clients may wish to consider the case for pre-nuptial agreements (PNA).
The position remains that an agreement which seeks to exclude or limit the jurisdiction of the Court, like a PNA, is not strictly enforceable. However, the latest case law suggests that a properly drafted PNA is likely to influence how the Court determines the redistribution of assets and income, particularly in cases where the marriage is of short duration and there are no children.
Domestic Violence & Injunctions
Due to their highly emotive nature, family and domestic issues can sometimes require prompt intervention and whenever necessary we will take swift action to protect you and your family. This could include making non-molestation and occupation orders to protect you from harassment or domestic violence or obtaining injunctions to protect the matrimonial assets to help safeguard your future.
Whether your problem is immediate or not, we understand that delay in obtaining advice can often add to your worries. At Pickering & Butters we will always endeavour for you to be seen by one of our family solicitors within 24 hours.
As with all our legal services, we appreciate the importance of cost to our clients. So while you are always assured of professional and experienced support from our legal team, we will also ensure our service is provided with maximum efficiency in order to protect your financial well-being. To assist you further we will wherever possible try to fix our fees in advance and we can usually arrange payment plans to assist with our costs thereby allowing you to better plan your finances.
We have set up a Fixed Fee scheme that will allow financial certainty not only with the costs associated with the divorce (Fixed Fee Divorce Costs) but also, and more uniquely, the costs associated with the financial settlement (Fixed Fees Ancillary Relief). These packages range from simply obtaining court approval to an agreement that the parties have already made (Consent Order) to a full investigation of the matrimonial assets and on the rare occasion that an agreement cannot be reached taking the matter to court (Fixed Fees Ancillary Relief).
We are also able to offer Fixed Fee services that will help you at home before things go wrong like Declarations of Trusts to record how each person's respective shares in the Property should be held, Parental Responsibility Agreements for unmarried fathers and Living Together Agreements for cohabiting parties who wish to have financial certainty should things go wrong later on.
At Pickering & Butters we understand that a divorce can be a very confusing and unsettling time and we appreciate that you will have many questions that you need answering. Although your first point of contact for any questions should always be the solicitor working on your case, we have produced the following guidance to assist you further. The timescale for completing the process will differ from case to case and related issues arising from the divorce will nearly always need resolving along the way. These issues could include practical arrangements for the care of any children and also the future financial needs of both parties. Quite often these ancillary matters will take precedence over the actual divorce itself and this again can have an impact on the timescale.
1. When Can A Divorce Petition Be Issued?
You cannot issue a divorce petition unless you have been married for more than one year. Although it does not matter where you were married, it does matter where you and/or your spouse are living at the time the petition is issued. The issue of where you or your spouse normally live or connections you have abroad may have to be considered by the courts, to determine whether a court has authority to deal with a particular divorce (known as 'the court's jurisdiction'). These matters, known as domicile and residence, can be complex.
2. Will My Marriage Certificate Be Required?
Yes. Your divorce petition needs to be accompanied by either your original or an official copy of your marriage certificate. A photocopy is not sufficient. If you were married in England or Wales, you can easily obtain an official copy of your marriage certificate from the office of the Registrar of Births, Deaths and Marriages for the district in which you were married. The court does not return your marriage certificate at the conclusion of the divorce. Different formalities apply if you were married abroad.
3. On What Grounds Can A Divorce Petition Be Issued?
The only ground for divorce is that the marriage has irretrievably broken down. This is proved by establishing the existence of one of five factual circumstances. These are:
It is no longer compulsory in a petition based on adultery to name the third person concerned.
4. Does The Basis Of The Divorce Have To Be Agreed?
No. However, it might be a good idea for you or your solicitor to establish whether or not there is likely to be any opposition to the petition before it is actually issued at court. As a matter of good practice, a draft of a petition based on behaviour should usually be sent to the other spouse concerned so that an agreement can be reached over the particulars to be cited.
5. What Information Does The Divorce Petition Contain?
The petition is a standard court form. It contains basic information about the names and addresses of the couple concerned, details of any children and a statement that the marriage has irretrievably broken down. It will also state the basis of the petition, such as adultery or behavior. The contents of the petition must be true.
The petition concludes with a section known as the 'prayer' which sets out what is actually being sought. It includes a request that the marriage be dissolved and may also include a request for the other spouse to pay some, or all, of the costs of the divorce. In addition, a request is usually made for an order for financial provision to be made by the court (known as 'ancillary relief').
6. What Details Are Given About Any Children?
A standard court form accompanies the divorce petition which outlines the current and proposed arrangements for any children of the family under the age of 16 or between 16 and 18 but still in secondary education. This includes details such as where and with whom the children live, which schools they attend, who looks after them and how often they see the other parent. This is known as a 'Statement of Arrangements'. The law encourages couples to reach an agreement over future arrangements for their children without the need for a court to become involved. As a matter of good practice the statement of arrangements should be sent to the other parent for agreement before the divorce petition is issued.
7. Will I Need To Attend Court?
You will usually only need to attend a hearing dealing with the divorce if the proceedings are contested. You may have to attend court if you or your spouse are unable to agree arrangements for your children or for financial provision.
8. Are The Divorce Proceedings Held In Public?
Court proceedings in family law are usually held in private. The press are able to publish the fact that a decree nisi of divorce has been pronounced. The information that they may disclose is, however, essentially limited to the names of the couple and the basis upon which the divorce was granted but, in the case of adultery or behaviour, not the actual details themselves.
9. When Are Financial Issues Dealt With?
Negotiations in relation to financial arrangements for the future can take place at any time before, during or after the divorce. It is usually not necessary for negotiations to have been completed before the divorce can be finalised. Particular issues, such as maintenance, may need to be resolved in advance of an overall settlement being reached.
10. When Will I Be Able To Remarry?
Neither party to the marriage is free to remarry until the final decree of divorce has been made (known as the 'decree absolute'). It is important that you discuss any plans to remarry with your solicitor as this may effect your settlement.
1. Issue of The Petition
The spouse who starts the divorce is known as the 'Petitioner'. The other spouse is known as the 'Respondent'. If a third person is named in a petition based on adultery, that person is known as the 'Co-Respondent'. The divorce starts when the following papers are sent to the court:
- Divorce petition.
- Statement of arrangements for any children.
- Statement as to advice given on reconciliation.
- Marriage certificate.
- Court fee.
2. What Happens Next?
The court or the Petitioner's solicitor sends by post a copy of the petition and any statement of arrangements to the Respondent, together with a form of acknowledgement for him/her to complete (known as the 'acknowledgement of service'). A copy of the petition (but not any statement of arrangements) is also sent to any Co-Respondent. If the Respondent/Co-Respondent is represented by solicitors, the divorce papers are usually sent directly to them.
3. What Must The Respondent Do Once they Receive The Divorce Papers?
The Respondent must complete and return to the court the acknowledgement of service within eight days of receipt of the divorce papers. The form asks the Respondent whether he/she:
The eight day time period starts on the day after the Respondent receives the divorce papers. Longer time limits apply where the Respondent lives outside England and Wales.
4. What Happens If The Respondent Wishes To Defend The Divorce?
The Respondent must file a defence (known as an 'Answer') within 29 days of receipt of the divorce papers (longer time limits apply where the Respondent lives outside England and Wales). The petition then becomes defended and the remaining procedure outlined below no longer applies. However it often still proves possible to reach a compromise over how the divorce is to proceed even when an Answer has been lodged. Defended divorce proceedings rarely result in a fully contested hearing. It will however, inevitably takes longer to finalise the divorce.
5. What Happens Where The Respondent Agrees That The Court Has Jurisdiction And Does Not Wish To Defend The Divorce?
The court will send a copy of the Respondent's acknowledgement of service to the Petitioner's solicitor who then prepares an affidavit (a sworn statement) which confirms that the contents of the petition are true. The affidavit must be sworn by the Petitioner before an independent solicitor or court official. This is then sent to the court with a request for a date for pronouncement of the provisional decree of divorce (known as the 'decree nisi').
6. What Happens If No Acknowledgement Of Service Is Returned To The Court Within The Time Limit?
The Petitioner will need to prove that the Respondent and any named Co-Respondent have received the divorce papers. This may require a duplicate set of the papers being sent to the Respondent by recorded delivery or arranging for someone to deliver the papers to the Respondent personally. In exceptional circumstances, where every attempt has been made to ensure that the Respondent has received the divorce papers, the court may make an order dispensing with the need to effect service.
7. How Does The Court Deal With The Petitioner's Application For A Date For Pronouncement Of The Decree Nisi?
The judge looks through the papers and decides whether the Petitioner is entitled to a divorce. If so, the judge certifies that a decree nisi should be pronounced. Both the Petitioner and the Respondent (usually through their solicitors) are informed by the court of the date on which the decree nisi will be made. This is usually a couple of weeks after the judge issues his certificate. You do not need to attend court for the pronouncement.
8. Does The Court Make Any Orders In Relation To The Children?
When the judge looks through the papers before he certifies that a decree nisi should be pronounced, he considers the statement of arrangements for the children which accompanied the divorce petition and whether future arrangements for their care are agreed by the Respondent. If there is no dispute between the parents, the judge will usually certify that he is satisfied with the proposed arrangements and that he does not need to make any formal order.
If the judge is concerned about the proposed arrangements for the children, he may ask for further information to be provided or he may ask the Petitioner and the Respondent to attend an informal appointment to clarify and explore particular areas of concern.
In some cases, the judge can direct that the decree nisi of divorce is not to be made final until he is satisfied with the arrangements made for the children.
9. When Can The Petitioner Apply For The Decree Absolute?
Provided that the court is satisfied with the arrangements made for any children (or if not satisfied, where the court has not restricted the decree absolute application), the Petitioner can apply for the decree absolute six weeks and one day after the decree nisi was pronounced. The application is made on a standard court form and is usually processed within a couple of days. You will need to discuss the timing and impact of the application with your solicitor before it is made.
10. Can The Respondent Apply For The Decree Absolute?
If the Petitioner does not apply for the decree absolute, the Respondent may make a similar application, but will need to wait a further three months after the date on which the Petitioner could have first applied (ie six weeks and one day plus three months). The application is not granted automatically and usually requires attendance at court.
If you need assistance on any family or relationship matter please contact our team at family@pb4law.com or on 01785 603060 / 01889 803080.
