Family Law Matters

Family law matters are often precipitated by a stressful event, such as a relationship breaking down or an argument about child arrangements. Whatever the trigger, the first conversation with a lawyer often happens under significant strain.

At Birch & Co, we recognise the pressure our family law clients are under. We have been helping clients navigate family law matters for over 25 years, across the full range of family law matters, from divorce and financial settlements to child disputes and cohabitation breakdowns.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

“Not in any way intimidating. Their positive attitude takes the stress out of situations.” (Ms Scott)

What Are Family Law Matters?

When most people think of family law, they automatically think of divorce and separation. However, the term ‘family law matters’ covers a much broader range of issues, many of which affect people who have never been married. They include:

• Divorce And Dissolution Of Civil Partnerships

England and Wales introduced no-fault divorce in April 2022, and it has changed the separation process significantly. Before the change, one spouse had to assign blame to the other to get a divorce. That requirement caused unnecessary conflict and often set the tone for everything that followed, including negotiations over money and children.

Now, the only ground for divorce is that the marriage has irretrievably broken down. Both spouses can apply together as joint applicants if they choose, which often makes the whole process less adversarial from the start.

The timeline has a built-in 20-week waiting period after the application is issued, followed by a further six weeks between the Conditional Order and the Final Order. In practice, most divorces take six to twelve months, although the timeframe will likely be longer if finances or children need to be addressed.

• Financial Settlements, Including Property, Pensions, And Savings

The Final Order ends the marriage. It does not address the couple’s finances. Those must be dealt with separately.

Without a Financial Consent Order approved by the court, either party retains the right to make financial claims against the other indefinitely, even many years after the divorce. That includes pension claims, property claims, and inheritance in some circumstances. A clean break order closes those claims permanently.

Where both parties agree on how to divide assets, a solicitor will draw up a Consent Order and submit it to the court for approval. Where there is no agreement, it may be necessary to apply for a financial remedy through the court, a process that involves full disclosure of both parties’ finances and, if no settlement is reached, a final hearing before a judge.

Birch & Co’s solicitors advise on all aspects of financial settlements, from straightforward cases to those involving business assets, significant property portfolios, or complex pension arrangements.

• Child Arrangements After Separation

It is always preferable for separating parents to reach an amicable agreement on where their children should live and how they should divide their time. This minimises any ongoing acrimony and can make the situation less stressful, particularly for the children. However, some separations are such that reaching an agreement is simply not possible. When this happens, the court can make a Child Arrangements Order setting out where a child lives and the time they spend with each parent.

The court’s only concern is the child’s welfare. Neither parent has a stronger starting position by virtue of gender or who initiated the separation. The court looks at the child’s needs, the existing relationship with each parent, and any welfare concerns.

Where there are allegations of domestic abuse or serious safeguarding concerns, the process is more involved, and specialist legal advice is essential. Birch & Co handles both straightforward parenting disputes and complex proceedings involving CAFCASS reports and fact-finding hearings.

• Domestic Abuse Injunctions And Protective Orders

Domestic abuse injunctions and protective orders are lesser known but incredibly important family law matters. They involve urgent protective measures for people at risk. For example, a Non-Molestation Order prevents an abusive partner from contacting or harassing you, whereas an Occupation Order can remove an abusive partner from the family home, even if they are on the tenancy or mortgage.

These orders can be applied for quickly, sometimes within 24 hours in urgent cases.

Do Family Law Matters Cover Cohabitees?

Yes, family law covers relationships between cohabitees. However, while many people believe that living together for a long time creates a “common law marriage” with similar protections to a formal marriage, the reality is that no such status exists in English law. This can give rise to significant problems if a relationship breaks down.

If an unmarried couple separates, there is no automatic right to a share of the other person’s property, no right to spousal maintenance, and no legal presumption of equal division of assets. What you are entitled to depends on what is in your name, what you can prove you contributed, and the specific facts of your situation.

This is why cohabitation agreements matter. Putting arrangements down in writing before or during a relationship, particularly where one party owns the property or earns significantly more, protects both people if things go wrong. Birch & Co can draft cohabitation agreements that are tailored to your situation and safeguard your position.

How We Can Help

Understandably, most people wait until a crisis hits to take legal advice. However, the people who tend to get better outcomes are those who get advice early, even if just to understand their position.

If you believe that you may have a family law matter with which you will need legal support, talking to a family law solicitor is an important first step.