Leo Abse & Cohen
Solicitors
Family Matters
Change of Name Deeds and Affidavits for Marriages Abroad
We can assist in the preparation of these at a nominal cost and are happy to provide quotations. It is important to note that you cannot change the name of a child where a divorce has taken place without the consent of both parents or the Court's leave where a child is under 18 years of age.
Children's Issues
The Court and of course all parent's main consideration is resolving the arrangements for the children. We can assist you in providing information as to what the Courts are looking for in making a decision as to whether the arrangements you have made are satisfactory, whether this is in relation to:
-
Where they will reside
-
How they will see both parents
-
What to tell the children and where to seek counselling if appropriate
We can also assist on adoption applications.
Civil Partnerships
This practice was one of the first to provide talks and information to the lesbian, bisexual and gay community in advance of the civil partnership legislation coming into effect and has produced information in leaflet form to assist. It is important that all those seeking to register their partnership have advice in advance as to how Registration will affect them financially both now and in the future and importantly how it will affect inheritance rights.
Divorce and Matrimonial Problems
We are able to give clear advice in a comfortable and stress-free environment. Interviews can be arranged for an hour or more and we endeavour not to keep clients waiting at what can only be described as a traumatic period in your life.
We can provide you with guidance and information before you make major decisions including relationship counselling, mediation and negotiation. The majority of our cases are concluded by agreement. If all else fails separation and divorce proceedings can be commenced in the Court of your choice.
Divorce and Separation Proceedings
There is only one ground for a divorce and that is that the marriage has irretrievably broken down and to prove it you need to show one of five facts:-
-
Adultery;
-
Unreasonable behaviour;
-
2 years separation with consent;
-
2 years desertion;
-
5 years separation;
The procedure for judicial separation is very similar save that you are saying that the marriage has not broken down but one of the five facts above must still be available to you. Judicial separation is appropriate in some circumstances for example where religious beliefs prevent you from proceeding with a divorce. Couples can agree the contents of the document called a "Petition" and the "Statement of Arrangements" for any children and can work towards completing the proceedings as quickly and as amicably as possible subject of course to your instructions.
Financial Matters
These can be the most difficult to resolve. For instance:
-
How much maintenance is needed for the children or for my spouse?
-
Where do I live until these issues are resolved?
-
What will happen to the home and the other assets including pensions?
-
What will happen if I meet somebody else during the course of the proceedings, will they be involved in the proceedings?
We can assist you and advise you on all these issues and can put you in touch with financial experts to value the home, the pensions and the family business. We have a wealth of experience in dealing with families with complex and large financial assets and we have also acted on a regular basis for members of the professions.
Two of our practitioners have been practising for over 20 years and two are members of Resolution First and one is an Advanced Member of the Law Society Family Panel. The Family Team was mentioned in the top category of the Legal 500 in the year 2006 for family advice in Cardiff.
Pre-Nuptial Agreements and Cohabitation Agreements
These can be extremely useful as evidence in any future proceedings as to what the parties' intentions were at the commencement of the relationship but it must be stressed that pre-nuptial or pre-marriage agreements (as they are sometimes called) are not legally binding in England and Wales.
Some Basic Facts
-
Mental cruelty is not a ground for divorce (this would fall under the category above of unreasonable behaviour).
-
From the 1st December 2003 where a couple are not married at the time of the child's birth father will have parental responsibility if his name is placed on the birth certificate at registration.
-
"Custody" no longer exists, the term now used is "residence".
-
"Access" no longer exists, the term now used is "contact".
-
The Courts now usually do not deal with maintenance for children, this is dealt with through the Child Support Agency save in certain limited circumstances.
-
All fathers in divorce proceedings in relation to their children still have parental responsibility regardless of where they reside and for those who are not married at the time of the birth of their child an application can be made to the Court for parental responsibility.
-
Parental responsibility means that that parent should be consulted about all major facts relating to education, religion and medical issues
Supplementary Services
We can further assist you with inter related matters such as the selling or buying of a house and the preparation of wills. Most people do not realize that a decree absolute of divorce or remarriage can revoke a will or parts of a will.
