An Essential Guide To Family Law Services

Family law, unlike other areas of law with more complex names, is simply an area of law that deals with family matters. This can include a great number of subjects, which many lawyers and solicitors will specialise in so they can offer expert advice in one specific field.

Family law cases are often complex and deeply personal, as they often deal with relatives, which can lead to cases not being as black and white as in some other fields. Here at Mark Redler Solicitors, we are committed to providing our clients with trusted advice when it comes to family law.

Here is our guide to some of the most common family law services, and why you might need them.

Family Law Services

Divorce

Unfortunately, divorce statistics are on the rise. According to numbers released by the Office of National Statistics, divorce was up 9.6% in 2021 compared to 2020, with over 113,000 divorces granted. We’ll go into some reasons for divorce below, but if you do need one, it is vital to seek the help of a legal representative who can assist you through the process.

Divorce can be very tricky legally, as it often comes with a lot of things to decide on, such as childcare arrangements if you have children, splitting assets such as money and property and figuring out what belongs to whom.

Signs You Might Need A Divorce Solicitor:

There are a wide range of reasons that a person might start to think about getting a divorce. Some are minor, while some can be major. Here are a few things that might be signs a divorce could be beneficial:

●    You never argue

●     You argue too much

●     You avoid seeing them

●     You’re scared of them

●     You hide your true self

●     Not spending any time together

●     Other things always come first

●     They or you commit infidelity

●     Abuse (physical or emotional)

●     You imagine life without them frequently

●     They forget key things about you

The Five Grounds For Divorce

Adultery: You must be able to prove that your spouse has had sexual intercourse with another person of the opposite sex and that because of this you can’t live with them anymore. If you can’t prove it or a relationship short of sexual intercourse has taken place, filing for unreasonable behaviour is probably a better choice. You cannot file for divorce on the grounds of your own adultery and must not wait more than six months since you became aware unless the adultery is continuous.

Unreasonable Behaviour: This is now the most common grounds of divorce. For this, you must show that your spouse has behaved in a way that means you cannot be expected to live with them. Normally around 5 or 6 allegations will need to be submitted, such as neglect or carelessness with money but fewer allegations can be submitted if they are particularly serious such as violence.

Desertion: This is probably the least common ground for divorce and is used when your spouse has deserted you for a continuous period of at least two years.

2 Years Separation With Consent: This is used when you and your spouse have been separated for at least two years and the spouse agrees to the divorce.

5 Years Separation: Finally this is where you and your spouse have been living apart for at least five years. Either of you can issue divorce proceedings without the other's consent.

Legal Separation Agreement

The big difference between a legal separation agreement and a divorce is that a legal separation does not end the marriage. It simply allows you to live apart but remain married. The primary purpose of the agreement is to address any issues you have and spend time apart to contemplate their options. Divorce can still be on the cards but at the same time, a separation can also lead to reconciliation.

A family law solicitor should be used to ensure your interests are protected during the separation. Assets and property remain under the ownership of both parties unless otherwise stated, so anything accrued in the marriage is safe from your partner trying to get rid of it without consent.

A lot of the signs you might need a separation are often the same as the signs you might need a divorce we mentioned earlier. However, separation signs are usually a bit less extreme. For example, abuse is more of a divorce sign, whilst wanting to spend time apart is more of a separation sign.

Cohabitation Agreements

A cohabitation agreement is a legal document that is used by unmarried couples who are living together. No marriage connection means you don’t automatically have rights like married couples, even if you’ve been together a long time, lived with them a while or even have children with them.

The agreement sets out arrangements for a variety of things in the event of if you split up, become ill or die.

Points To Cover In A Cohabitation Agreement

Assets: Your joint assets could include property, investments, pensions and savings. You might not have any legal right to some of these things in the event of an emergency, which can be a big hindrance. If you have separate bank accounts and pensions, these are not automatically passed on to your partner.

Childcare: This is another big one when it comes to unmarried couples. A cohabitation agreement can help outline childcare arrangements, such as who is the primary caregiver if you split up, or what level of childcare support will be provided by the secondary caregiver.

Next of Kin Rights: This is a big one that many cohabitation agreements are arranged for. Unmarried couples do not automatically have rights as next of kin. This means if your spouse is admitted into the hospital, you might not have the next of kin rights to make medical decisions or even see them in the hospital in some cases.

Domestic Abuse

In the case of domestic abuse, a solicitor will be able to help you obtain evidence and also assist with issues such as housing and support, allowing the victim to get away from their abuser in the cleanest way possible.

What Counts As Domestic Abuse:

There are plenty of signs of domestic abuse, with most boiling down to the abuser wanting power or control over you. Domestic abuse can be both physical and emotional.

Emotional abuse can include belittling you or putting you down, blaming you for arguments or the abuse itself, denying that abuse is occurring, isolating you from loved ones, stopping you from leaving the house and accusing you of things like affairs or flirting. It can also include monitoring your social media, tracking you, sharing pictures without your permission and much more.

Physical abuse can include slapping, hitting, punching, pushing, shoving, biting, kicking, burning, choking, throwing or sexually abusing you. Threatening and intimidating behaviour is also abuse such as threatening to hurt or kill you, destroying your possessions, following you or reading your private messages.

How Mark Redler Solicitors Can Help

Mark Redler Solicitors understands how challenging the types of disputes discussed above can be. This is why we provide reliable and expert legal advice to our customers. Understanding the law and knowing what steps to take when it comes to family law services can be tricky, which is why we will talk you through everything and explain with as little legal jargon as possible, so you know exactly what is going on.

We are both sensitive and discreet when it comes to family law, as we know how personal things can get when dealing with spouses, children and other relatives. We always start our relationship with clients by offering a free 30-minute consultation. This can be used to talk through your issues and offer you the best advice.

Mark Redler Solicitors has over 20 staff offering expert advice in a range of fields, with our family law team consisting of 6, with each specialising in different areas of the law. This way we can pair you with an expert perfectly suited to your case.

Family Mediation & More From Mark Redler Solicitors

Now that we’ve run through everything to do with family law services and what Mark Redler Solicitors has to offer in this field, you will probably know if we can help you. We have been providing top-quality legal advice in Stafford for more than 45 years, building a reputation as a reliable, professional and experienced practice.

As well as family law, we can assist you with a wide range of other services that require legal help, including conveyancing, wills & probate, power of attorney, personal injury claims, employment, business and commercial law.

So if you’d like to find out more about how we can help you, feel free to contact us today to talk through your needs with one of our experienced staff.