matrimonial & family
At Masefield Solicitors we offer a range of matrimonial and family services. Whether you want to arrange a Prenuptial or need advice following the break down of a relationship we can offer professional and sympathetic advice, that will guide you through the process and help you plan for the future.
Divorce
When a relationship breaks down, professional and sympathetic advice will guide you through the process and help you plan for the future.
We are experienced in resolving the problems that can arise when a couple separate.
We will explore with you any possibility for reconciliation. Agreed solutions rather than confrontation will be our goal, but we recognise that determined litigation is sometimes the only way to secure a fair outcome.
To get a divorce, ’irretrievable breakdown’ must be established, by proving one of five grounds. These are adultery; unreasonable behaviour; desertion; 2 years’ separation (by agreement) or 5 years’ separation.
We can:
explain the divorce procedure to you
advise you on choosing or responding to the ground of divorce
guide you through the necessary paperwork
If you are suffering from personal assault or harassment, we may be able to apply to court to protect you and your family.
Finances
There are usually a number of other issues that need to be considered. We can also provide advice on dealing with practical matters such as:
maintenance for you and your children
the family home
division of property and other assets
pension entitlements
We will advise you on all essential steps to protect your position. Whenever possible we will aim to negotiate an agreement out of court. But, if necessary, we can advise about and represent you in court proceedings.
Separation agreements
For religious or other reasons, divorce may not always be the immediate or best solution. A separation agreement can lay the foundation for divorce later with a minimum of acrimony.
We prepare and review separation agreements. These cover issues such as where you will live, who gets what, and arrangements for any children involved.
A separation agreement can provide an informal, private and less expensive way of resolving problems that arise when a couple split up. Although such agreements can be set aside by the courts, judges will be reluctant to interfere with a professionally prepared agreement that is fair to both sides.
Prenuptial agreements
If you are planning to enter into marriage or civil partnership and you wish to protect your assets, a prenuptial agreement can be an important step towards achieving your goal.
We will provide a professionally prepared agreement so that your wishes and concerns have the best prospect of being respected in the future.
A good prenuptial agreement will help:
to deter speculative claims following a short marriage or civil partnership
to protect family property
to determine the content of any divorce settlement, in advance
to save costs, stress and time in the event of a divorce
to provide peace of mind – you will have done everything you can to protect your estate for you and your family.
Cohabitation agreements
The courts have wide powers to rearrange a couple‘s finances in the event of divorce. The courts have no such powers when a couple have not entered into a marriage or civil partnership.
If your relationship came to an end, who would get your home and its contents? If there is no written agreement, there could be real uncertainty, possibly causing further conflict between you and your ex-partner.
Forward planning can prevent arguments in the future, as well as making sure your loved ones are provided for.
We can prepare an agreement between you and your partner, to suit your individual needs. Important financial and property issues will be covered and any current or future concerns can be dealt with.
Here are some of the issues that should be addressed:
property ownership
investment in your home
day to day expenses
pensions and life insurance
joint bank accounts and other assets.
Children
Disputes over children can be damaging both for the child and the family generally.
We recognise the need to deal with these issues in a sensitive and practical manner.
We recommend the use of mediation and negotiation and can help you reach an agreement, where possible.
When agreement is not possible, an application can be made to court.
Most applications are made by a parent but can also be made by grandparents or other relatives in appropriate circumstances.
Under The Children Act, the court can make one or more of the following orders:
residence order
contact order
prohibited steps order
specific issue order
We will provide a clear explanation of your rights and responsibilities. Where possible, we will offer constructive advice on how to achieve your objectives. We can:
advise you on the most appropriate application to make in your situation or how best to respond to an application
prepare the necessary paperwork for you
negotiate on your behalf
guide you through court procedures and
provide or arrange representation at hearings.
Cohabitation
Please see the above section entitled Agreements for more information about cohabitation agreements.
Disputes and arguments between couples can arise when there is uncertainty. With a professionally prepared cohabitation agreement, you will both know where you stand.
When a relationship breaks down, arguments and expense can be kept to a minimum. If you do not have an agreement in place, we can advise you about your rights in relation to your home and children and help you deal with the practicalities involved.
We provide practical advice in the unfortunate event of a breakdown of a relationship and will give help and guidance to assist you in achieving a satisfactory resolution.