Family Law Lawyers

Family matters often arise without warning. Finding the right family law lawyers to support and guide you through what can be a very uncertain time in your life can have a marked difference on the outcome of your matter. At Birch & Co, we have been advising clients across Newcastle, the Northeast and nationally for over two decades. Our approach is to protect your interests firmly, handle your situation with genuine sensitivity, and find the most practical path forward as quickly as possible.

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 Family Law Covers

Family law spans a wide range of legal issues, most of which share one thing in common: they arise at moments when people are already under significant emotional pressure.

Divorce and separation are the areas that most people think of first, but the practice area goes much further than that. Our family law lawyers advise on financial settlements, arrangements for children, cohabitation disputes, pre-nuptial and post-nuptial agreements, injunctions, and inheritance disputes. Whether you are married, in a civil partnership, or have been living with a partner without any formal legal arrangement, there are rights and remedies available to you. Our solicitors can help you understand exactly where you stand before you make any decisions.

• Divorce And Separation

The introduction of no-fault divorce under the Divorce, Dissolution and Separation Act 2020 changed the divorce landscape considerably. There is no longer any requirement to apportion blame or provide evidence of unreasonable behaviour. Either party, or both jointly, can apply for a divorce by confirming that the marriage has broken down irretrievably. From the date the application is issued, there is a mandatory 20-week period before a conditional order can be sought, followed by a further waiting period before the final order is granted. In straightforward cases, the process typically takes somewhere between six and eight months in total.

That said, the divorce itself only brings the legal marriage to an end. It does not automatically resolve anything relating to finances or children, and those issues require separate steps. Leaving them unresolved can carry serious long-term financial and emotional consequences. We can help you through the full process, from issuing or responding to a divorce application through to settling the issues that arise from your separation.

• Financial Settlements

The court has wide discretion when deciding how to divide assets. It takes into account each party’s income and earning capacity, their financial needs, the standard of living enjoyed during the marriage, and the welfare of any children. The overarching aim is fairness, though what that looks like in practice will differ considerably from one couple to the next.

Property, savings, business interests, and pensions all form part of the picture. Pensions in particular are frequently underestimated as an asset. Pension sharing orders allow part of one spouse’s pension fund to be transferred into a separate arrangement in the other’s name, and for many couples this represents a substantial proportion of the overall settlement. Spousal maintenance may also be appropriate where there is a significant imbalance in the parties’ respective earning capacities.

Our solicitors can assess how your financial situation is likely to be viewed by the court, and help you negotiate an outcome that reflects your circumstances and protects your financial stability. We can also help with pension sharing advice, property transfer arrangements, and the drafting of consent orders to formalise any agreement reached.

• Children Arrangements

When parents separate, the arrangements for children are almost always the most emotionally charged part of the process. Any court considering an application will treat the welfare of the child as the paramount consideration, looking at a broad checklist of factors, including the child’s own wishes, their physical and emotional needs, and the likely impact of any change in living arrangements.

Many families manage to reach sensible agreement about where children will live and how much time they spend with each parent without going to court. Where that proves impossible, a Child Arrangement Order sets out the arrangements in a formal, binding document. We can help with applications, responses, and with varying existing orders as circumstances change over time. Where safeguarding concerns are raised, including cases involving domestic abuse, we also handle urgent applications for non-molestation orders and occupation orders.

• Cohabitation And Pre-Nuptial Agreements

Cohabiting couples have no automatic right to a share of property or income when the relationship ends, regardless of how long they have been together or how much they have contributed to the household. Our family law lawyers frequently help cohabiting couples put sensible arrangements in place before any dispute arises, and we can advise those already facing the breakdown of a cohabiting relationship on what routes may be open to them.

Pre-nuptial agreements, once treated with considerable scepticism by clients and the courts, are now given real weight where certain conditions are met, including both parties having taken independent legal advice and the terms being fair to both. We can help with the preparation and review of pre-nuptial and post-nuptial agreements, ensuring that they are as carefully constructed and robust as possible.

Our Approach

We are proud members of Resolution, a national organisation of family lawyers committed to resolving disputes constructively rather than adversarially. Court proceedings are always a last resort, and wherever appropriate we actively explore mediation and arbitration as routes to a quicker and more cost-effective resolution for our clients.