FAMILY PROBLEMS

Here are some areas in which we can help you:-

• Domestic Violence
• Legal Separation
• Divorce
• Adoption
• Co-habiting
• Who should the children live with
• Contact with your children
• Maintenance
• Child Abduction
• Problems with the Local Authorities over your children
• Welfare Benefits

LEGAL FUNDING

You may be entitled to free or partially free Legal Advice under the Legal Funding Scheme.  Any of our staff will be pleased to advise you on this.

CAN I HAVE A DIVORCE?

If you have been married for more than 12 months and you live in England and Wales you  may file a Divorce Petition provided you are able to show that your marriage has “irretrievably broken down”.  The Law requires you to show this by proving one of five facts:

• Either your spouse has committed adultery and you find it intolerable to conitnue to live together
• Or your spouse has behaved in such a way that it would be unreasonable to expect you to continue to live together
• Or your spouse has deserted you for a continuous period of two years or more
• Or you and your spouse have been living separately for two years or more and your spouse agrees to the divorce
• Or you and your spouse have been living separately for five years or more (whether or not your spouse consents)

Taking the decision to bring a marriage to an end is never easy and here at Norton Peskett we have a department especially to deal with these different problems and help come to the right decision.  While divorce is usually a straightforward process, the relating practical issues may seem insoluble and worrying.  Click to view a timetable showing the process of divorce and the related matters of maintenance, housing and children, known collectively as ancillaries.

DOMESTIC VIOLENCE

If your partner has been violent to you or to your children, you may need advice on how to obtain protection either with the help of the Police or through a Court Order.  You may need to discuss the possibility of counselling to make certain the violence never occurs again.

CO-HABITING

We can advise you before you start co-habiting to make certain that you have fully understood the implications financially before you embark on what might be an expensive exercise.  If you are already co-habiting and find that the relationship is unsuccessful, you may wish to terminate it as inexpensively and simply as possible.

WELFARE RIGHTS

Perhaps we can advise you on exactly what benefits are available to you and how to go about obtaining them.

ADOPTION

The Law concerning adopting children is complex and protracted.  Mrs Jane Cox, the head of the Family Law Department, is a member of the Children Panel and can advise you on the complexities and assist you if necessary to take the matter to Court.

REACHING A SETTLEMENT

You will try to begin in establishing what your priorities are particularly regarding arrangements for the children, your housing and your finance.  It is advisable to have considered these matters with your Legal Advisor before embarking on the divorce.  If possible it is also helpful to try and agree with your spouse on these matters as far as possible.  We would be happy to advise you about agreements that you may have reached informally with your spouse encouraging you to find the solutions by negotiation and agreement.  Most of these matters can be resolved by agreement and in the majority of cases it is possible to resolve the issues without resorting to a contested Court Hearing.

Our Legal Advisors are members of the Solicitors Family Law Association and subscribe to the code of practice dedicated to helping people with marriage problems to resolve them if possible by mediation or negotiation rather than the very expensive and lengthy Court Proceedings.

LEGAL SEPARATION

Divorce may seem too final and we can assist in separation arrangements and the formalities needed to make sure you and the children are secure.

MEDIATION

Problems relating to the children or finance which need discussion between yourself and your spouse, may be assisted by mediation and we can help arrange this for you.  We can also help if you decide at any stage in the proceedings that you would like to attempt reconciliation by advising you of the legal implications and helping to obtain assistance to ensure success.

THIS WEB PAGE IS INTENDED TO ASSIST YOU WHO ARE ACTIVELY INVOLVED IN DIVORCE PROCEEDINGS OR CONSIDERING DIVORCE.  SINCE IT HAS BEEN NECESSARY TO SIMPLIFY GREATLY MANY OF THE POINTS, THIS SHOULD NOT BE REGARDED AS A COMPLETE STATEMENT OF THE LAW.  A MEMBER OF OUR FAMILY DEPARTMENT WOULD BE PLEASED TO CLARIFY ANY OF THE POINTS REFERRED TO IN THE WEB PAGE AND GIVE YOU ANY ADVICE THAT YOU WOULD REQUIRE

MAKING A WILL

Divorce makes fundamental changes to many aspects of your life and we strongly advise anyone who is involved in Divorce Proceedings speak to a member of our Probate Department to consider whether they ought to change an existing Will or to make a new Will taking into account the changes brought about by Divorce. You should particularly bear in mind that the effect of your final Divorce Decree is to delete any provision which you may have made for your spouse in a Will.

Return to main list of Services

To send an Email to one of our Family Department click on the relevant branch to view their details:

Lowestoft      Great Yarmouth    Beccles    Gorleston    Southwold

Click here to view the Wills Web page which contains links to the individuals who will be able to help.