Members of our Family Team have the benefit of many years experience in the field of family law, consequently they have the ability to balance care and understanding with the need for a constructive and positive approach.

Our specialist lawyers and support staff are all committed to teamwork. They have the ability to handle any situation which may arise with a wealth of legal knowledge, professional experience and personal skills, which enables Halliwells to provide a high quality service to those with family difficulties.

The Team is able to advise on a wide range of matters including high value and complex financial matters arising from relationship breakdown and divorce. We are often involved in cases in which the major asset is a family business to include company and partnership assets. We are frequently asked to prepare .before the event. documents to include Prenuptial and Cohabitation Agreements. The Team are experienced in advising on children issues to include residence, contact and cases involving where a child might make his or her main home. We also have experience in private adoptions.

The Family Team can call upon the support of other disciplines within the firm as necessary to help in assisting clients from all walks of life on matters such as tax, pensions, and property issues as part of a family law case.

The Team have the benefit of collaboratively trained solicitors. Collaborative law is an alternative approach to the more conventional litigation remedies and might be a suitable forum for negotiation and settlement.

Areas of Specialism / Expertise

Divorce

• The only ground for Divorce is that the parties marriage has "irretrievably broken down"
• The only ground can be proven by establishing one of the "five facts"
• There is only one absolute bar to presenting a Divorce Petition to any Divorce Court
• Either party to the Divorce proceedings can make an application to Court for financial matters to be dealt with

Judicial Separation

• Separation relieves the parties of the duty to cohabit
• The grounds for Judicial Separation are the same as the "five facts" in divorce
• Within Judicial Separation proceedings either party can make an application to Court for financial matters to be dealt with

Financial Ancillary Relief Claims

• This can be dealt with by direct agreement between the parties, via mediation, collaborative law, via voluntary disclosure of financial documents, or by application to the Court
• Either party to Judicial Separation or Divorce proceedings can apply to the Court for financial matters to be dealt with by them
• The Court has wide powers to deal with the parties assets, including: Ordering that property be sold, Ordering outright transfer of property to one spouse, Ordering pension shares etc

Cohabitation

• Contrary to popular belief there is no such thing as the "Common Law Marriage"
• Under current law, cohabitees are not offered the same protection as married couples or civil partners
• It can be extremely difficult for one party to prove that they have an interest in the others property, or indeed for one party to prove that the other does not have in interest in their property
• This difficulty can be alleviated by the preparation of a Declaration of Trust upon the purchase of any property, or by preparation of a Cohabitation Agreement prior to cohabitation beginning

Private Child Law

• The Child's welfare is the Court's paramount concern
• Once an application is issued the Court is not restricted in its powers and as such can make Orders other than those originally sought
• Order can be made dealing with where the child should live and whom they should see

Public Child Law

• Representation of non-parent family members
• The children are parties and have their own solicitor
• The Children's welfare is the court's paramount concern

Adoption

• This area of law has changed in recent years
• Special guardianship may provide an alternative to adoption for long term care of a child by a non parent family member or third party.