Unit 7 Box Park
Nene Court
The Embankment
Wellingborough
Northamptonshire
NN8 1LU
Service:
Family Law Solicitors
Our family law solicitors are based in Northampton and Wellingborough and assist clients with divorce, financial proceedings, children matters, emergency protection orders and unmarried couples disputes.
Divorce and relationship breakups are a stressful time and often clients feel unable to make a decision or unsure if they’re making the right decision. We will help you get through this time with as little stress as possible and to ensure that the outcome is fair and legally binding.
Our solicitors have extensive experience in dealing with challenging situations and a different approach will be advised depending on your circumstances and wishes. We tailor our advice to suit your individual situation and always have your best interest at heart.
Divorce and financial matters
Instructing us to deal with the divorce can take away a lot of the stress and remove the need to be in correspondence with your former partner. In some cases we can recover all or part of your legal costs for your divorce from your spouse.
Resolving the financial matters can be the more challenging matter for clients and we will advise you not only on the legal process to resolve financial matters but also on other options that are available. We will give you advice of the most appropriate option for you based on your circumstances. You need to ensure that you reach a settlement that is fair now and in the future. We will be there for you to make sure you fully understand the implications of the settlement in the short term and the long term. Our solicitors will advise you of likely outcomes as early as possible and will also advise you of the costs of going forward so that you can weigh up the pros and cons of any settlement offers early on.
All financial matters are decided by the court on a case by case basis. There is no set percentage that a party will get and therefore you should always get legal advice to make sure any settlement you agree is a fair one.
Family Law Solicitors Northampton
Children matters
Our family law solicitors also act for parents who wish to prevent or restrict the other parent having contact due to safety concerns. Further, our family solicitors can assist with specific issue orders including the school your child shall attend or whether you wish for your child to be home schooled.
Our family law solicitors also act for parents who wish to prevent or restrict the other parent having contact due to safety concerns.
You will be given practical advice on how to deal with matters. Our solicitors are all members of Resolution and therefore will try and deal with matters in a non-confrontational manner as possible and will be encouraging parties to act in the children’s best interests.
Domestic violence
Our family law solicitors have helped many victims of domestic violence escape unhealthy relationships. Our solicitors understand the difficulty clients face in leaving these types of relationship and in moving matters forward. Our solicitors can give legal and practical advice on leaving the relationship and will be there to help you resolve your situation whenever you feel ready to do so. We can apply for emergency orders to protect you from abusive behaviour such as violence, threats of violence and harassment. This is known as a non-molestation order. As part of that we can apply for an occupation order. An occupation order can prevent your partner from residing or even entering your property. It can also provide for your partner to pay the mortgage or rent for that property. No one should live in fear of their safety and we are here to help you every step of the way to protect you and your family.
Unmarried couple disputes
Our family law solicitors can assist you with any disputes over children matters or in the division of property. We can also force a sale of a property where one party remains in the house but refuses to buy you out or sell.
Agreements
Our solicitors can draw up pre-nuptial agreements, post nuptial agreements, co-habitation agreements and separation deeds.
Parental responsibility
Parental Responsibility is defined as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. In practice this gives you authority to make decisions concerning your child’s education, religion , medical treatment and changing your child’s name. Mothers obtain parental responsibility automatically. A father can obtain parental responsibility by one of the following ways:-
if they are, or have been, married to the child’s mother
registered on the child’s birth certificate after 1st December 2003.
if they have entered a parental responsibility agreement with the mother
a residence order is in place in favour of the father
by order of the court
If you have do not have parental responsibility for your child please contact us so we can advise you of the best way to procced and help you to be able to make important decisions concerning your child’s welfare.
Family Law
Surrogacy
If you are considering acting as a surrogate, or you are having a baby with the assistance of a surrogate mother, and you would like to receive advice in respect of your legal rights or how these can be acquired, we can assist you. The current law surrounding surrogacy can be confusing and complicated however, our solicitors can provide you with specialist tailored advice to answer any questions you may have, or to help you gain parental responsibility for your child.
Advocacy
Our solicitors regularly represent clients in the Northampton family court sitting at Northampton County Court and the Northampton Magistrates court together with representing clients at telephone hearings across the country. You can instruct them to represent you at hearings if you instruct the firm to deal with your family matter, or if you are dealing with matters in person, but you require that extra support at the court hearings.
We will try and resolve matters at the earliest opportunity and draw up a court order for you.
Jessica Irwin (Higher Civil Courts Solicitor-Advocate & Associate Solicitor) is head of the family team in Northampton.
Our fees for an initial consultation are £300.00 plus VAT. Thereafter our fee earners work on an hourly rate basis. Our hourly charge rates for our fee earners are below:
We do however, keep all clients fully informed of costs and we will provide you with an estimate of costs at your initial consultation. We also, whenever possible, agree fixed fees for carrying out certain work and pride ourselves in giving valuable advice at reasonable costs.
We provide a range of funding options to include providing you with details for independent legal loan providers, and in certain circumstances we can offer what are known as Sears Tooth agreements, meaning that payment of our fees (excluding disbursements) would be made at the conclusion of your financial remedy proceedings. If this is something you would be interested in, we can discuss this in further detail with you and whether you would be eligible.
We carry out privately funded work. You may qualify for legal aid if you are in receipt of state benefits or have a low income. To check whether you are eligible Click Here. To find a firm which offer legal aid services please contact the Law Society by clicking here.
Please find below, a list of commonly asked questions in relation to:
Divorce matters;
Financial matters;
Pre-nuptial agreements;
Cohabitation matters; and
Children matters.
Divorce
Can we obtain a no fault divorce?
Whilst progression has been made towards legalising no fault divorces in England and Wales, the required legislation has not yet been passed by parliament. Therefore, at present the only ground for divorce is the irretrievable breakdown of the marriage which should be based upon one of the following five facts: 1. Adultery; 2. Unreasonable behaviour; 3. Two years’ separation with consent; 4. Five years’ separation; or 5. Desertion.
This means that unless you and your spouse have been separated for a period of at least two years, one of you will need to have caused the breakdown of the marriage by way of adultery or unreasonable behaviour.
Please contact us if you wish to discuss the above in further detail.
Can I change my name even though we’re still legally married?
Yes, it is possible to change your name whilst you are still legally married to your spouse. Please contact us if you wish to discuss having a change of name deed drafted in further detail, as there are additional formalities if you are still married.
Can we reconcile even though divorce proceedings have commenced?
Yes, you can, you will need to inform the court to enable the divorce petition to be withdrawn. Once the divorce petition has been withdrawn, the divorce process will be stopped. If you decide you wish to divorce in the future, you will need to file a fresh divorce petition.
If you require any assistance with this, please contact us.
When is the earliest opportunity to commence divorce proceedings?
You must be married for a period of one year before divorce proceedings can commence. If you are married for a period of less than one year your marriage can only be annulled. An annulment is only available in very limited circumstances. We can advise you on whether you would be eligible for an annulment.
How long does a divorce take?
The speed of the divorce process largely depends upon four factors: The workload of the court; The speed of your spouse to return the acknowledgement of service form; Whether your spouse defends or cross-petitions the divorce proceedings; and Whether contested financial proceedings are involved. A straightforward divorce usually is complete within 6-12 months however, the above factors could affect the length of time it takes for your divorce to complete. We will discuss your individual circumstances with you and advise you upon the likely timescale during your initial discussions with us.
What are the stages of the divorce process?
Once your divorce petition has been filed with the court, the court will send a copy of the issued petition and acknowledgment of service form to your spouse. Your spouse will have seven days to complete and return the acknowledgment of service form. Providing your spouse does not choose to defend and/or cross-petition the proceedings, when the acknowledgment of service form has been received, the application for the decree nisi can be made. It is at this stage the Judge will consider the content of your divorce petition and decide whether you are entitled to a divorce. If the Judge determines you are entitled to a divorce, they will issue the certificate of entitlement to a decree. The certificate of entitlement will state the date that the decree nisi is due to be pronounced upon. The decree nisi is the interim order for the divorce, and six weeks and one day after the pronouncement of the decree nisi, the application for the decree absolute can be made. The decree absolute will formally dissolve your marriage.
Does the fact my spouse committed adultery effect the financial settlement?
No, the fact that the divorce is based upon will not affect the financial settlement. The divorce and financial matters are considered separately by the court. It is, in extreme circumstances, possible to plead conduct in financial proceedings. If we believe your circumstances would be appropriate to raise conduct in your financial proceedings, we will discuss this in further detail with you.
Do you have to attend a court hearing to obtain a divorce?
In relation to divorce proceedings only (not financial proceedings) providing your spouse does not defend or cross-petition, ordinarily you will not need to attend a court hearing.
Finance
If I make a financial application to the court, how many court hearings are there?
There is usually a total of three hearings which are as follows: 1. First appointment hearing; 2. Financial dispute resolution hearing (“FDR”); and 3. Final hearing.
If you can reach an agreement with your spouse, you may not need to attend all three hearings. The court will assist you and your spouse to come to an agreement during the course of proceedings. At the FDR the judge will give an indication of a likely settlement in your matter, to enable you and your spouse to have an opportunity to negotiate an agreement, with the knowledge of the kind of final order that could be made in your matter. If you cannot reach an agreement with your spouse, a judge will make an order on your behalf at the final hearing.
What financial disclosure does the court require?
The court will require you to provide full and frank financial disclosure of your assets, liabilities, income and outgoings. You will be required to complete a financial statement form known as a Form E. Within the Form E you will be providing a financial overview to the court of your current financial status. You will then need to providing supporting documentary evidence to the court for the assets and liabilities detailed in your form. We can assist you in completing your Form E and inform you of the supporting documents you will need to provide.
Can I make a claim for spousal maintenance?
This very much depends on your individual circumstances. The court will consider your income in comparison to the income of your partner. However, the court will also consider your income needs. This should be your genuine income needs to meet your usual monthly expenditure on for example your rent/mortgage, household bills and other regularly purchased items such as prescriptions. If you wish to make a claim for spousal maintenance and wish to discuss this in further detail, please contact us to arrange an initial consultation.
Should I be represented at court?
It is a personal decision if you wish to be represented at your court hearings, often this will depend upon your experience in court proceedings and how comfortable you feel representing yourself. We do usually recommend that you should be represented at a final hearing unless you are extremely experienced in dealing with court matters due to the skills required for this hearing. Can we reach an agreement between ourselves? Yes, you can reach an agreement between you and your spouse regarding financial matters. This agreement can then be drafted into what is known as a consent order and filed with the court. We can discuss this process in further detail with you.
My spouse is not complying with the financial order made by the court, what can I do?
We can write to your spouse to find out why they have failed to comply with the court order, and subject to your instructions, provide them with a further period to comply with the order. If your spouse still fails to comply with the order, then if it is appropriate, we can file an application for enforcement of the order with the court. The court may then impose one of the following sanctions against your spouse for breaching the order and/or provide them with an extended deadline to comply with the order: A fine; Unpaid work; Seizure of their assets; or Imprisonment.
Pre-nuptial Agreements
How long before we marry should I instruct a solicitor?
It is advised that the pre-nuptial agreement is entered into at least 28 days prior to your wedding therefore, you should aim to instruct a solicitor at least three months before the date of your wedding.
There are a lot of matters that will need to be discussed concerning the pre-nuptial agreement which could result in there being lengthy discussions with your partner or their legal representative, as all matters will need to be agreed between you before it is signed. The following matters will be covered in a pre-nuptial agreement therefore, you may wish to begin negotiating these with your partner before instructing us to draft the agreement on your behalf:
• The financial arrangements during the course of the marriage, for example will household bills be shared equally between you, or will one of you be paying a higher proportion of the bills than the other. • Do you have, or do you intend to hold a joint bank account, if so, how would you wish for these funds to be divided between you if you were to separate. • If you own assets solely, would you wish to retain these assets if you separate or would you intend for them to be divided between you and your spouse? • If you jointly own assets, if you were to separate would you wish for these to be sold and the monies divided equally between you, or divided in the sums you both contributed to the purchase? • Would you intend for each of you to retain gifts if you separate, or would you wish for gifts above a certain value to be returned to one another?
There are also many more matters that will be covered by a pre-nuptial agreement which we will discuss with you if you choose to have a pre-nuptial agreement drafted. We will only be able to act for one of the parties to the pre-nuptial agreement. A pre-nuptial agreement will hold more weight if both parties have received legal advice therefore, you should each instruct a solicitor to act on your behalf.
You will also both need to provide full financial disclosure of your assets and liabilities in the pre-nuptial agreement, to ensure that both of you were aware of the financial circumstances of the other when entering into the agreement.
If you would like to discuss having a pre-nuptial agreement drafted on your behalf in further detail, please contact us to arrange an initial consultation with the firm.
What is the purpose of a pre-nuptial agreement?
A pre-nuptial agreement enables you to have an opportunity to discuss with your partner prior to marriage what the financial arrangements would be if you were to separate or divorce. You would reach an agreement with your partner how the assets and liabilities would be divided between you both, and this agreement would then be the basis for the financial arrangements if you were to separate.
What are the advantages of pre-nuptial agreements?
In the event that you are your spouse separate, a pre-nuptial agreement can save time and legal costs negotiating how the assets and liabilities should be divided between the two of you. This is particularly the case if you are still in agreement to the terms of the pre-nuptial agreement. If you are still agreeable to the terms of the pre-nuptial agreement, then we can draft the terms of the pre-nuptial agreement into a consent order. The consent order would then be filed with the court. Once the consent order is approved by the court, the assets and liabilities would be divided in accordance with the consent order.
What are the disadvantage of pre-nuptial agreements?
A pre-nuptial agreement, whilst it will be taken into consideration by the court, is not legally binding. The court will be able to determine how much weight should be given to the pre-nuptial agreement. Therefore, if you or your spouse make an application to the court for the financial matters to be dealt with following an application for a divorce, the court can depart from the terms of your agreement. The court will primarily be considering whether the terms of the agreement are fair, and whether events have taken place that have not been covered by the pre-nuptial agreement, such as the birth of a child, thus now making the agreement unfair. It is therefore, important to cover these aspects within the pre-nuptial agreement and ensure that the agreement is fair to both parties.
Pre-nuptial agreements can often be viewed as unromantic and therefore, they may be a difficult topic to discuss with your partner. If this is something you are concerned about, we can inform you of different ways to approach your partner about this subject.
Is a pre-nuptial agreement right for me?
If you are wondering whether a pre-nuptial agreement is the right option for you, to enable us to assist you in making this decision, it would be beneficial to you prepare a financial overview of your assets and liabilities, and the assets and liabilities you believe your partner owns. We can then arrange an initial consultation with you to discuss the best option for you.
What can I do if the wedding has already taken place?
You can still have a post-nuptial agreement drafted after your wedding day. However, you should be aware that both parties to the agreement have a choice whether or not they are going to sign the agreement. You cannot guarantee that your spouse will sign the post-nuptial agreement and therefore, if they refuse to sign the post-nuptial agreement, you will not have an agreement detailing how the assets and liabilities are to be divided between you if you separate.
Cohabitation
I am thinking of cohabiting with my partner, should I have a cohabitation agreement drafted?
This will very much depend upon your individual circumstances, including whether one of you, or both of you own the home you are moving into. To obtain tailored advice, you can contact us to arrange an initial consultation.
Do common law marriages exist?
The existence of a common law marriage is a myth. Regardless of the period of time you and your partner have been living together, how assets and liabilities have been acquired and how bills have been paid for, this will not provide you with the same rights as a married couple.
If you and your partner have purchased a property during the time you have lived together, or you were living in a property one of you already owned, regardless of whose name the property is in, it is likely that you will be entitled to a share of the equity held in that property. A number of factors will be considered therefore, it is important that you are aware of the following information before contacting us: The current value of the property; The sum outstanding on any mortgage or loans secured against the property; The contributions you have made to the purchase of the property; The contributions you have made to household outgoings including the mortgage whilst you have lived in the property; How long you have been residing in the property; and Whether you believe the property to be held in the name of your partner and you.
Once you have the above information, please contact us to arrange an initial consultation so we can advise you upon your individual circumstances.
Children
Can we reach an agreement regarding child arrangements between ourselves?
Yes, you can reach an agreement with the other parent of the child regarding child arrangements. If you reach an agreement, you may choose to have your agreement drafted into a consent order detailing the agreed child arrangements. This will help to avoid there being potential disputes in the future regarding child arrangements. We can draft the consent order on your behalf, and if you wish we can file this with the court to enable this to be approved by the court.
What do I do if my child’s other parent/legal guardian is refusing me access to my child?
In usual circumstances you will first need to attend a mediation information assessment meeting known as a MIAM appointment. The mediator will assess whether or not they believe mediation is a suitable way to resolve matters. If they do not believe mediation is a suitable way to resolve matters, they will provide you with a mediation exemption certificate. You will require this certificate to make an application to the court for the court to deal with child arrangement matters. You have a period of four months after the date of issue, in which to use your certificate to make an application to the court. We can provide you with details for mediation services in your local area. We can also draft and file the child arrangement application with the court, and assist you throughout the court process.
What can I do the child’s other parent/legal guardian is not adhering to the court order?
If you already have a court order in place, and the other party is refusing to abide by it, it will first be necessary to ascertain the reasons why. Once these reasons have been considered, if it is appropriate, we will then inform the other parent/legal guardian that if they do not start abiding by the court order immediately, we will be making an application for enforcement of the court order. The court will then consider the parties’ positions and whether the court order should be enforced, or whether other steps may be necessary. If the court consider enforcement of the order is appropriate, we can ask for sanctions to be made against the other parent/legal guardian for breach of the order. The sanctions may be: 1. A fine; 2. Unpaid work; 3. Seizure of their assets; or 4. Imprisonment.
What do I do if the other parent of the children is refusing to pay child maintenance?
You can contact the child maintenance service to make them aware of the issues you are experiencing. They will then be able to advise you upon the next steps to initiate a child maintenance claim if they deem this is appropriate.
Higher Civil Courts Solicitor-Advocate & Head of the Family Department
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