Family Law & Divorce

If you are in dispute concerning any family matter and wish to avoid the delay and cost of the court procedure then collaborative law may be for you.

Each person appoints their own collaboratively trained lawyer and we meet together to try to work out a solution. Your lawyer will act in your interests throughout the process and will work with the other solicitor to try to reach an agreement. The meetings are normally carried out on first name terms and the agenda is set by you and your former partner although the lawyers will have suggestions to ensure that nothing is overlooked.

Collaborative law means that each side will sign an agreement that commits you to trying to resolve issues without going to Court. If no agreement can be reached your lawyer cannot represent you in Court.

If you wish to obtain more information concerning collaborative law please contact Mike Follis, Head of the Department on 0121 616 4450.

Your future is important to us and the terms of your financial settlement may have long term consequences.

We recognise the need for understandable advice concerning divorce settlements. This includes maintenance pending suit, periodical payments, secured periodical payments lump sum, property adjustment and pension orders. We will explain and guide you through this complicated area of law, in a way that is specifically tailored to your needs and circumstances.

Our team have a wealth of experience in dealing with complex cases with substantial assets and cases where assets are limited. You can rest assured that you shall receive the right advice.

We are acutely aware that costs need to be proportionate to the amount in dispute.  We will give you a realistic assessment of what you can expect if your case proceeds to Court and we can evaluate the best option for you.

We are sure that you want what is best for your children. However if your relationships breaks down, it may be difficult to agree the future arrangements for the children. Our family team understand the impact this may have on the children.

Many questions and concerns that can arise at this time.  Such as, questions in relation to care arrangements and overnight stays and concerns that one partner may refuse allow the other to see the children.

If it becomes necessary to apply to Court we can advise you on mediation and represent and guide you through the Family Court process.

We can advise you on any issues that arise concerning your children and always aim to negotiate agreements in a non-confrontational manner. We can advise you in connection with:  

• Child Arrangement Orders (Residence and Contact orders formerly Residence, Contact, Custody and Access orders) 
• Parental Responsibility 
• Prohibited Steps Orders 
• Child Abduction, and jurisdictional issues
• Special Guardianship Orders 
• Grandparents
• Adoption

Claims can be made to the Child Maintenance Service (CMS) in many cases for an assessment to be made against the absent parent.

We advise the client as to their options under Schedule 1 of the Children Act 1989, to claim capital and property on behalf of a child in cases in which a parent seeks additional financial help. For instance, a parent may need a home for the child, pay private school fees or the absent parent may be a high earner. These claims normally arise for unmarried couples who separate.

We have considerable experience in advising clients concerning financial claims for children including inheritance claims where the child has not received a reasonable financial provision from someone on whom they are dependent.

The law relating to finance and property disputes between unmarried couples is completely different to divorce. We frequently hear people describing themselves as “common law husband and wife”. However, this does not mean that they acquire the rights of married couples and the financial claims which they can make are quite different.

Property disputes may be straightforward but in some cases are very complex and we have the expertise to advise you and in particular in relation to the Trusts of Land and Appointment of Trustees Act 1996.

Disputes concerning property are sometimes considered at the same time as financial claims for a child where they need finance to meet their needs, typically for housing.

Davies and Partners will consider all the options with you and advise you of the best way forward.

We have considerable experience in promptly dealing with domestic abuse cases.

Where there is a real emergency we have obtained the protection of the Court on the first day the client has contacted us. Most frequently non-molestation and occupation orders are obtained.

Our team take very seriously the huge stress and secrecy which surrounds domestic abuse. Domestic abuse can take many forms and we recognise that often happens behind closed doors and those who suffer from domestic abuse may blame themselves or learn to live with it.

Domestic abuse is a criminal offence and you should contact the police if you fear for your safety. It is also possible to apply for protection from the Family or Civil Courts.

We believe that everyone has the right to lead their lives without fear or threat of violence.

There is often an unwillingness to seek help for a variety of reasons. When giving advice we will consider your needs in a sensitive manner.

Agreements in relation to financial matters made before a marriage or civil partnership (pre-nuptial agreements) or after a marriage or civil partnership (post-nuptial agreements) are very important documents. The law has developed so that Courts attach more weight than ever to these agreements.

We understand that marriage is a celebration of a couple’s commitment to each other and when advising in relation to pre-nuptial agreements we do not lose sight of that fact.

We will advise you concerning the Law Commissions paper on pre-nuptial agreements (qualifying agreements) and how the pre-nuptial agreement should be drafted to reflect the wishes of both parties.

If you are considering having a pre-nuptial agreement we advise you to take advice at an early stage because there are clear legal reasons as to why you should not sign an agreement shortly before the marriage.

Different considerations apply to post-nuptial agreements and we can advise you as to the best way forward.

We have the expertise to advise you in cases in which someone dies and a dependant does not receive sufficient financial provision from the decease’s estate.

We have expertise in advising in relation to the Inheritance (Provision for Family and Dependants) Act 1975. The Act can give rise to a claim against the estate of the deceased. Claims can be made on behalf of adults or children and we will advise you on the merits and the best way forward.

If you are thinking of making such a claim you should act quickly otherwise you can be barred from doing so. We will advise you more clearly when we know the facts of your case.

In many cases we are able to reach an amicable settlement between the various parties. Often the parties are members of the same family and it is in their interests to reach an agreement without litigation.

If you wish to obtain more information concerning inheritance claims please contact David Bain on 01454 619 619.

The breakdown of a relationship can be stressful.  At Davies and Partners we aim to demystify divorce, dissolution and judicial separation. We will clearly explain what is in your interests.

We offer a free initial consultation so that you can explore the options.

You are not committing yourself to commence divorce proceedings by instructing Davies and Partners. We will explain what it will mean for you before you make a decision to divorce.

We will guide you through the grounds for divorce and any jurisdictional issues where there are international elements.

We act in cases involving same sex marriage and civil partnerships.

We have expertise in dealing with defended divorce, nullity and annulment of marriage.

Our experienced team will provide professional support at what can be a most difficult time.