Family

We understand that relationships can be as complex as the financial affairs within them, which is why our advice is as individual as the individuals we advise.

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SUPPORTIVE ADVICE

We understand that, when experiencing a relationship breakdown, you will likely need supportive advice. Our first approach is to consider your needs and then see whether we can reach an amicable / “civil” agreement with the other party, possibly through mediation or the adoption of a collaborative law approach, undertaken by our specially trained lawyers.

We will discuss the benefits of family arbitration, which is increasingly encouraged by courts to deal with family law issues and of which we are great advocates, hopefully sparing any unnecessary cost and stress to all involved.

GUIDANCE AND ADVICE

Should the need arise, we can guide, advise and rigorously pursue court action on your behalf.

Many of our clients have complex financial arrangements, including business and inherited assets, trust funds and assets in other jurisdictions. We structure a settlement that works for all concerned.

We are also conscious that there are likely to be tax consequences, depending upon how any settlement or court order is structured, so with our expertise, experience and access to our wider commercial team we endeavour to mitigate your tax consequences.

 

FINANCIAL ISSUES

In relation to financial issues, we will work with you to establish the true value of all the assets, including any held within businesses, trusts or offshore structures, to provide you with the necessary advice in relation to your rights and potential obligations.

We can assist you in the recovery of assets or to defend claims if one party claims assets have been dissipated with the intention of defeating a claim.

In relation to children, we can help you with child arrangements orders, including removal from the jurisdiction applications. For cohabitees, we can assist you with applications seeking financial provision for a child. Again, in both of these matters we believe in mediation and arbitration as the first lines of approach.

WE ASSIST, GUIDE AND
ADVISE WITH:

On the breakdown of a marriage, we can provide straightforward and practical legal advice on the divorce process, financial arrangements, and any accompanying issues relating to children.

In April 2022, ‘no fault’ divorce was introduced in England and Wales. Previously, the law encouraged a divorcing couple to place fault with one party, and if they elected not to do so, they had to wait to apply for a divorce.

The only ground for divorce in England and Wales is that the marriage has broken down irretrievably. Since the law changed in April 2022, the party applying for the divorce now only has to confirm as part of their application that the marriage has broken down irretrievably. Notably, they do not have to provide any supporting evidence of this. It is also now possible for a divorcing couple to make a joint application for a divorce. If this happens, both applicants then state that the marriage has broken down irretrievably.

The process of obtaining the divorce itself is relatively straightforward. The application is issued using an online court portal. Divorce proceedings are separate to financial remedy proceedings, although they are often dealt with in tandem. The issues tend to arise in relation to the splitting of financial assets, and sorting out arrangements for children. We are able to provide experienced and tailored advice in relation to both of these issues.

The Courts’ general approach is that parents are best placed to resolve matters relating to their children but sometimes this is insufficient, and it is necessary to use the Court process. We can advise you as to your current position and assist in the making of an application as a parent or another member of the family, such as a grandparent.

We have the experience and expertise to advise on Child Arrangement Orders (‘CAO’). CAO are used on the breakdown of a marriage where children are involved, and they state which parent the children should live with, and which parent the children should spend time with, and how much time they will spend with each parent. We can also assist with more specific issues relating to children, such as your children’s education, the changing of a surname, and the relocation of children.

We also advise on applying to the court for financial provision for children where the parents are not married. The parent who has greater financial resources may have to provide for the dependent children, and the parent caring for them, to ensure their needs are adequately met.

In all cases involving children, we take the approach that the children’s best interests should be the paramount consideration. We recognise that disputes involving children need to be resolved as quickly and amicably as possible, whilst at the same time ensuring that relations between parents remain civil.

 

If you are subject to harassment or controlling behaviour, emotional, financial, mental abuse or physical violence, then you do not need to suffer in silence, and should obtain advice on your rights and the protection available.

Our approachable and understanding team can sensitively advise you on a range of different legal options to help you, which includes:

  1. Non-Molestation Orders – this is an injunction which can protect you and any children from violence or harassment; and
  2. Occupation Orders – which removes someone from the family home or prevents them from visiting.

Depending on the circumstances, we can also issue an injunction in emergency situations to ensure your and your family’s safety.

 

We can assist in advising on the financial rights and obligations between unmarried couples who have been, or are, cohabiting. Contrary to popular belief, there is no such thing as ‘common law marriage’ in England and Wales, and the only rights that cohabitees have relate to the ownership of property and financial claims relating to any children. We can provide clear and straightforward legal advice, so that you understand your legal position any potential claims which might be successfully brought or defended by you or your former partner.

We can also assist with any issues which may arise relating to children of cohabitees. This includes advising on court applications and proceedings under the Children Act 1989, which provides for an order to be made for the cohabitee with the greater financial resources to provide for any children, and the parent caring for them.

 

Whilst, for some cases, court proceedings might be the only option there are an increasing number of clients who wish to resolve matters through other dispute resolution forums. If your relationship has broken down, we can assist you in resolving matters either by agreement, referral to mediation or, if contested, by applying to court, or by use of the collaborative law process or by family arbitration.

Family arbitration is increasingly being used to deal with family law issues, and we are advocates of this process. We also have a collaboratively trained lawyer should you wish to adopt the collaborative law process.

If required, we can also involve family counsellors to provide additional support.

Our team here at EMW can advise you about the merits of each of these methods to determine what works for you and your family circumstances.

We pride ourselves on being pragmatic, proactive and approachable. Clients frequently comment on our clear communication.

We aim as a team to present issues in a way which is simple to understand and without legal jargon.

We mainly deal with cases involving complex financial issues, and the financial arrangements on divorce. We therefore have the specialist expertise to assist you on all aspects of financial provision on divorce. We will assist you in achieving a financial settlement which is not only fair but that meets both yours and the needs of your family.

We can advise you on the likely financial settlement and deal with any issues which might arise to also include obtain valuations of the relevant assets both in the UK and abroad, including company assets, assets held in trust, pensions and provide advice of the likely matrimonial claim, and how it can be met. We will work with you to establish the true value of such assets in order to provide you with the necessary advice in relation to your rights and potential obligations.

We can help you to recover assets or to defend claims if one party claims assets have been dissipated with the intention of defeating a claim. If certain assets were brought into the marriage by one party or have been inherited, we shall also advice you as to the extent to which these assets might be considered by the court.

Whilst we shall always initially seek to reach a voluntary settlement with the other party, we will also, where necessary, make applications to the court in order to not only protect your financial claims but to also resolve cases in a timely manner.

There are occasions where you may need to take immediate action to preserve the matrimonial estate and to prevent another party disposing or dissipating the matrimonial or business assets, including transferring assets outside the jurisdiction.

An injunction is a court order requiring an individual to do or to refrain doing a specific act. They are usually issued in emergency situations, and we can apply for and obtain the following types of injunctions:

  1. Freezing orders – freezing bank accounts or other assets; and
  2. Protection from harassment, controlling behaviour, and/or emotional and physical abuse.

We appreciate that issuing an injunction is highly time-sensitive, and this can be a very stressful and difficult time. We have the expertise to advise on whether an injunction is a suitable remedy for your particular circumstances, and to advise you on the risks and implications of issuing such an application.

We can advise on this area, provide straightforward guidance and create suitable Cohabitation Agreement would protect any funds you are investing in a property for yourself, or into a property for a child or grandchild, should the relationship between the cohabiting parties break down, and the property has to be sold and the proceeds of sale divided between the parties.

Pre and post nuptial agreements are becoming increasingly common, particularly where a party wishes to preserve pre-acquired assets, whether arising from inheritances, business assets, trust funds or from generational wealth.

The courts are prepared to recognise a Nuptial Agreement which follows certain safeguards and where it has been properly executed. This will be the case provided that certain basic conditions are followed and that the agreements consider the needs of the parties and the family. When discussing these agreements with you we also look at ways in which any future claims could be met whilst preserving the core assets.

Even if the court do not ultimately uphold the entire agreement the existence of the nuptial agreement is still likely to sway the court. It is important that any nuptial agreement is reviewed on a regular basis, particularly if there are any significant changes in family circumstances.

Key members of the team

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Thank you and the rest of the team for your help and hard work you have put in through this past 18 months or so. We are extremely grateful for your meticulous attention to detail and guidance you have provided.

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This is an exciting and strategic acquisition by MHA MacIntyre Hudson to expand its service offering. It has been a pleasure to advise them and we look forward to working together again in the future

Cave & Sons
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The EMW team provided us with professional and invaluable support and guidance throughout the transaction process and I would like to thank them for their hard work and diligence. We look forward to continuing to work with them as we move to phase two for Invu Plc.

Mark Wells, Invu Plc
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The wills surgery session was very good and very informative. It has given some things to think about!

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