At Hazelhurst Solicitors, we provide a comprehensive range of family law services.
Services We Offer:
- Divorce (including No-Fault Divorce)
- Abduction Cases
- Prohibited Steps Orders
- Specific Issue Orders
- Child Arrangements
- Financial Proceedings
No-Fault Divorce
Under the Divorce, Dissolution and Separation Act 2020, the law in England and Wales now allows for no-fault divorce, which came into effect on 6 April 2022. This reform simplifies the divorce process, removing the need to assign blame, and focuses on the irretrievable breakdown of the marriage.
Key features include:
- Joint or Sole Applications: Couples can apply for divorce together or individually.
- Simplified Grounds: The only requirement is to declare that the marriage has irretrievably broken down, without needing to specify reasons like adultery or unreasonable behaviour.
- No Contesting: Divorce cannot be contested unless there are exceptional reasons, such as questioning the validity of the marriage.
The process takes at least 20 weeks from the application to the conditional order (previously known as the decree nisi), and a further 6 weeks to the final order (formerly decree absolute).
Non-Molestation Orders
A Non-Molestation Order is a type of injunction under the Family Law Act 1996, designed to protect individuals from harassment or abuse by a family member, partner, or ex-partner.
The order can prevent a person from:
- Using or threatening violence against the applicant or their children.
- Harassing or intimidating the applicant.
Non-molestation orders are often granted in situations involving domestic violence. Breaching a Non-Molestation Order is a criminal offence and can result in arrest. Legal Aid is typically available for these orders, especially where domestic violence is concerned.
Abduction Cases
Child abduction occurs when a child is taken or kept abroad without the consent of those with parental responsibility or without court approval. In many cases, it is one parent who unlawfully removes the child from the UK. These cases are governed by The Hague Convention on the Civil Aspects of International Child Abduction, which aims to secure the swift return of abducted children to their country of habitual residence.
Hazelhurst Solicitors provides legal advice and representation in both preventing and resolving child abduction cases. This can include:
- Applying for Prohibited Steps Orders to prevent a parent from taking a child abroad.
- Assisting in the return of the child through international legal frameworks if the child has already been taken.
- Coordinating with authorities and legal bodies in the UK and abroad to facilitate the child’s return.
Financial Settlement on Divorce
If divorcing couples cannot agree on financial matters, the court can issue financial orders to resolve disputes. This includes:
- Sale or transfer of property
- Spousal and child maintenance payments
- Pension sharing arrangements
Child Arrangement Matters
When parents separate, the welfare of children is the most important consideration. If the parents cannot agree on arrangements, the court can issue several types of orders:
- Child Arrangements Order: Determines where the child will live and who they will spend time with.
- Specific Issue Order: Settles disputes regarding specific aspects of the child’s upbringing, such as schooling or medical treatment.
- Prohibited Steps Order: Prevents a parent from taking certain actions, such as removing a child from the UK.
Prenuptial Agreements
A prenuptial agreement outlines how assets will be divided if a marriage breaks down. Although not automatically binding, courts often consider them in financial proceedings, especially when both parties had legal advice and disclosed all relevant information before signing.
Contact Us
For assistance with Legal Aid or any family law matters, our experienced solicitors offer a free initial consultation. We will advise you on your eligibility for Legal Aid and guide you through the legal process.
Tel: 0208 945 7009
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