Family Law Practice

Family law matters are, almost without exception, among the most difficult situations a person will deal with. The legal issues themselves can be complex, but the real difficulty is that they arise at a time when most people are already under significant stress, making decisions that will affect their finances, their living arrangements, and in many cases their children for years to come. A good family law practice doesn’t just know the law. It provides an accurate, honest picture of where their client stands so that they can make informed decisions, and approaches each matter with the care and empathy it deserves.

Birch & Co has been advising clients on family law matters from our Gosforth office for over 30 years. Our team handles the full range of family law work, from divorce and financial settlements to disputes over children, cohabitation issues, and applications for urgent injunctions. The work varies enormously, but our approach doesn’t. Each and every client gets a clear explanation of their legal position, a realistic assessment of what outcomes are achievable, and support and guidance from start to finish.

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)

Divorce And Financial Settlements

Most divorces are legally straightforward. Since the introduction of no-fault divorce, neither party needs to establish blame, and the procedural side of ending a marriage has become more accessible. What tends to be harder, and what requires careful legal input, is sorting out finances.

Dividing assets on separation involves more than splitting things down the middle. The court considers a range of factors, including the length of the marriage, each party’s financial position, contributions made by each spouse, and the needs of any children. Pensions, which are often the largest asset after the family home, are regularly overlooked or undervalued in settlements. Property arrangements have to be structured correctly to be enforceable. Where one party has significantly greater assets or income than the other, the picture becomes more complicated still.

We advise clients throughout this process, from early negotiations through to the preparation and filing of a consent order where agreement is reached, or representation in financial remedy proceedings if matters go to court. Our aim is always to reach a fair settlement without litigation where that’s possible.

Children Matters

Disputes over children are handled differently from financial matters, and they require a different kind of advice. The court’s focus is entirely on the welfare of the child, and most decisions about where a child lives and how much time they spend with each parent are made with that principle at the centre.

In practice, the majority of parents reach workable arrangements without needing the court to intervene. Where that isn’t possible, whether because of genuine disagreement about what’s best, concerns about a child’s safety, or a breakdown in communication between parents, we can advise on the options, assist with applications to the court, and represent clients at hearings. We also advise on parental responsibility, relocation applications, and situations where one parent wants to take a child abroad, whether temporarily or permanently.

Cohabitation And Unmarried Couples

A common misconception is that couples who live together acquire legal rights similar to those of married couples over time. In reality, the concept of common-law marriage does not exist, and when an unmarried relationship ends, the legal framework for dividing assets is very different from the one that applies on divorce.

If you’ve contributed to a property that’s in your partner’s name, or if you jointly own a property but have different shares in it than the legal title suggests, your rights depend on trust law rather than family law. These cases can be difficult and fact-specific. We advise cohabiting couples on their legal position both during a relationship and after separation, and we can draft cohabitation agreements for couples who want to record their intentions clearly to avoid problems later.

Pre-Nuptial Agreements

Pre-nuptial agreements are increasingly common, particularly where one or both parties are coming into a marriage with significant assets, business interests, or prior family commitments. They are not automatically binding in England and Wales, but a well-prepared agreement that meets the relevant legal requirements carries real weight with the court and can significantly reduce the scope of any dispute if a marriage ends.

We advise both parties to pre-nuptial agreements, and on post-nuptial agreements for couples who want to put similar arrangements in place after they’ve married.

Our Approach

Birch & Co is a member of Resolution, the national body for family law professionals committed to a non-confrontational approach to resolving disputes. That membership reflects how we work. We try to resolve matters constructively, and we’re straightforward with clients about when a particular course of action is worth pursuing and when it isn’t. Not every battle is worth fighting, and part of our job is helping clients see that clearly, especially when they’re in the middle of a difficult situation and under pressure to act.

Costs are something we discuss openly from the first meeting. We offer fixed-price services where the scope of the work makes that appropriate, and we give clients a clear indication of likely costs before they commit to anything.

Getting Advice

It’s best to speak to a solicitor is before a situation becomes entrenched. Early advice gives you more options and can result in a swifter conculsion. Our office is in Gosforth with parking at the rear.