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Family Law
The Family Department at Maxwell Hodge provide a specialist service covering all issues relating to family law. We understand that you need a solicitor who can empathize with your problem whilst giving you the best advice in your particular situation. Solicitors in the Department are members of the Children’s Panel and The Law Society Family Panel.
We provide advice in the following areas :-
Divorce
There are five grounds upon which divorce proceedings can be commenced :
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Adultery
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Unreasonable behaviour
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2 years separation with the consent of the other party
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2 years desertion
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5 years separation without consent
We will guide you as to the most appropriate ground in your circumstances.
Cohabitation issues
Different laws apply to people who are not married and it is important to take specialist advice. It may also be appropriate to take advice before you and your partner start living together and pool resources – we are not just there to help if things go wrong!
Separation
We provide advice and assistance if you are thinking of separating from your partner, or if you have separated. We provide advice in respect of immediate problems and queries and also in resolving problems for the long term.
Resolution of financial disputes
There are often financial matters that need resolving when parties decide to separate and divorce. We have specialists who can advise you in respect of your property rights, maintenance for yourself and any children and pension issues. Financial matters can be complex and it is important that you obtain the best advice possible to consider all the eventualities. We have experience in providing assistance in emergency situations and can obtain, for example, injunctions to “freeze” assets and prevent their disposal by your partner.
Children issues
We have experts who can provide you with assistance in all areas regarding children including residence (custody), contact, parental responsibility and change of children’s name. We act for mothers, fathers, grandparents and remoter family members. We deal with Public Law matters involving the Local Authority and Social Services – we act for children and Children’s Guardians. We deal with orders to safeguard children, emergency orders and care orders.
Adoption and Special Guardianship Orders
We have specialists who can advise you about adoption. We can assist with adoptions involving the local authority and with step-parent adoption. A new form of order is now available called a Special Guardianship Order – this will bridge the gap between an Adoption Order and a Residence Order. We envisage that this type of order will be particularly beneficial to grandparents.
Domestic abuse
We understand that this is a sensitive issue and our family lawyers are trained to deal with all the issues arising in such circumstances and have attended specialist courses. We have links with local Women’s Aid groups and the Domestic Violence Units of local police. We will listen and put you in touch with organizations to help you with the practical issues arising from such incidents whilst we provide you with legal advice including applications for Injunctions to prevent further violence and occupation orders (to remove your partner from the property).
Civil Partnerships
The Civil Partnership Act was brought into force on 5th December 2005 allowing same-sex couples to form a civil legal partnership which can be registered. Entering into a civil partnership will affect your financial situation, your will, property, pensions, benefits and any children and it is recommended that you seek legal advice before taking this step.
Mediation
This is a process which can assist people in resolving conflicts and in reaching agreements for the present and future.
Our lawyers are members of Resolution (formerly the Solicitors Family Law Association) (SFLA) and follow an approach, which is sensitive and cost effective but constructive. In our experience, following Resultion’s Code of Practice results in more disputes being settled without the need for Court proceedings.
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