Family Law

The family law department at Fitz is a well respected team that prides itself on protecting its clients’ best interests with strong and effective legal action.

Our friendly and approachable team will work with you to fully understand your circumstances and what you are looking to achieve. We pride ourselves on resolving matters amicably and quickly as possible.

The breakdown of a relationship is a very difficult time for a family and here at Fitz we appreciate that the added burden of a legal process requires a practical approach.

We are conscious that parties involved in a matrimonial matter will incur significant legal fees including the required court fees and we pride ourselves on working with our clients to ensure that their fees are kept to a minimum.

The family law team at Fitz has extensive experience in dealing with the divorce process to ensure that it runs smoothly and assist our clients in all relevant stages from commencing or responding to divorce proceedings right up to application for the decree absolute.

There is only one ground for divorce in England and Wales and that is that the marriage has irretrievably broken down. The party that petitions for the divorce has to prove to the Court that the marriage has irretrievably broken down by relying on at least one of the following five facts:

• Unreasonable behaviour;

• Adultery;

• Desertion;

• Two years’ separation (with consent); and

• Five years’ separation.

Our team will explain the circumstances in which the above facts can be relied upon and then carry out the following tasks:

• Draft the divorce petition;

• Apply for the decree nisi; and

• Apply for the decree absolute.

We offer a fixed fee in respect of work carried out to complete the above tasks in relation to uncontested divorce matters.

Our team will also advise you on the financial aspects of divorce to assist you in reaching the best conclusion for your individual situation.

To discuss further, please contact our family law team on 01753 592000.

The family law team at Fitz has extensive experience in dealing with the dissolution process to ensure that it runs smoothly and assist our clients in all relevant stages from commencing or responding to dissolution proceedings right up to application for the final order.

There is only one ground for dissolution in England and Wales and that is that the partnership has irretrievably broken down. The party that petitions for the dissolution has to prove to the Court that the partnership has irretrievably broken down by relying on at least one of the following four facts:

• Unreasonable behaviour;

• Desertion;

• Two years’ separation (with consent); and

• Five years’ separation.

Our team will explain the circumstances in which the above facts can be relied upon and then carry out the following tasks:

• Draft the dissolution petition;

• Apply for the conditional order; and

• Apply for the final order.

We offer a fixed fee in respect of work carried out to complete the above tasks in relation to uncontested dissolution matters.

Our team will also advise you on the financial aspects of dissolution to assist you in reaching the best conclusion for your individual situation.

To discuss further, please contact our family law team on 01753 592000.

Our empathetic family law team appreciates that the breakdown of a relationship is a real strain on our clients and the financial burden can be stressful. We work with our clients to ensure that they obtain the best possible outcome for their individual circumstances.

Dividing and resolving the financial aspect of the marriage is stressful for parties to a divorce and there is no set formula as to how this should be achieved. Negotiating financial settlements is a skilled and complex task and the family law team at Fitz has experience with a range of different matters from simple straightforward cases to cases where the parties’ finances are much more complex.

It is important to conclude the finances at the time of divorce and agreements on financial matters can include a host of different issues including:

• Division or sale of property or properties;

• Transfer of property or properties;

• Division or sale of business interests;

• Transfer of business interests;

• Transfer of shares;

• Pension sharing;

• Child maintenance payments;

• Spousal maintenance payments; and

• Lump sum payments.

It is a requirement of the Courts that the parties engage in full and frank disclosure of their financial positions in order to reach a financial settlement. Whilst this can feel like a time consuming exercise and a burden, it is a vital part in ensuring that our clients are advised appropriately and ensures that the parties enter into a binding settlement.

We are pleased that 95% of our matrimonial matters are resolved amicably without the need for any Court proceedings and in a time and cost effective manner.

Should the matter unfortunately not be agreed amicably, and Court proceedings be necessary, our supportive team will guide you through the process which will include a:

• First appointment hearing;

• Financial dispute resolution hearing; and

• The Final Hearing.

To discuss further, please contact our family law team on 01753 592000.

It is common practice in the Asian community for a bride’s family to provide a “dowry” to the bridegroom’s family.

Naturally disputes do arise on the breakdown of marriages as to whether or not the “dowry” should be returned to the bride’s family and if in fact it has already be returned.

The burden is upon the bride to prove that a dowry was given and this is usually evidenced by way of video evidence and photographs. It will also be useful to obtain evidence of the value of any gifts that form part of the “dowry”, usually jewellery and clothes.

It is then important to establish whether the “dowry” has been returned to the bride and if so, proof of the return.

Such claims will be dealt with as part of financial remedy proceedings and our team will advise you on what is required in this type of claim.

To discuss further, please contact our family law team on 01753 592000.

Some parties may decide to separate but do not want to divorce for various reasons.

A Separation Agreement (also known as a Deed of Separation) can be entered into to give the parties peace of mind in relation to matters whilst they decide how to proceed with the relationship and can include:

• The date of separation;

• Living arrangements whilst separated;

• Financial arrangements whilst separated; and

• Future proposals in relation to finances and the marital home.

Please note however that a separation agreement is not legally binding and if the parties later divorce, it can be challenged when concluding a financial settlement on divorce.

To discuss further, please contact our family law team on 01753 592000.

It is an unfortunate reality that more and more marriages come to an end and result in divorce which will in the majority of cases also result in parties having to enter into a financial settlement.

It is therefore common that people now look for some certainty when it comes to their own assets and/or their partners when entering into a marriage.

Prenuptial agreements (entered into before the marriage) and postnuptial agreements (entered into after the marriage) can record the parties’ intentions on the breakdown of a relationship or marriage.

These agreements can be utilised to record the following:

• How the parties will treat separate properties;

• How the parties will treat joint properties;

• Financial support during marriage;

• Matters relating to children;

• Provisions for gifts;

• Financial support and provision on the breakdown of the marriage; and

• Financial support and provision on death.

It is however important to note that such agreements are not legally binding in England and Wales and although the Courts will consider the agreements when considering financial settlement on divorce the Courts do not need to uphold the agreements.

To discuss further, please contact our family law team on 01753 592000.

It is more common for couples in the UK to cohabit without getting married than ever before. It is not unusual to want to safeguard one’s position in the event that the relationship later breaks down.

We can assist in various matters that affect unmarried couples such as buying property together and advise on entering into a declaration of trust to effectively record each parties’ financial contribution, their respective shares in the property and their share on the sale of the property.

We will also provide appropriate advice on making a will and safeguarding your loved ones.

Cohabitation Agreements

Some parties may wish to record their living and financial arrangements more formally by entering into a cohabitation agreement which can provide peace of mind should the relationship later break down. Such agreements can be utilised to record the following:

• Whether or not the parties have disclosed their financial positions to each other;

• How to treat their separate properties;

• How to treat joint properties;

• How to treat gifts made to each other during the relationship;

• How to treat gifts received from the other party’s family;

• Bank accounts;

• Debts;

• Provision for dealing with the home;

• Provision for dealing with household expenses;

• Selling the home;

• Financial support during the relationship; and

• Provision for financial support should the relationship end.

Cohabitation disputes

Cohabiting couples, regardless of the length of their relationship, are not afforded the same rights as married couples and the breakdown of a relationship can be very difficult.

We are experienced in resolving disputes that arise as a result of the breakdown of a relationship the most common of which relates to property disputes.

To discuss further, please contact our family law team on 01753 592000.

Unfortunately many people continue to be forced into marriages against their will and often struggle to find the support that they need.

The Government introduced the Forced Marriage (Civil Protection) Act 2007 in a bid to protect victims of forced marriages and confer powers on the Courts to make protection orders.

Please contact our office for discreet advice and we will assist you in making the relevant applications to the Court for a protection order and assist you in finding the additional support you may require.

Please note that an application can be made by the victim or by any other relevant third party including a concerned parent or relative. An application can also be made by any other person to the Court to request permission to apply for a protection order on behalf of the victim.

To discuss further, please contact our family law team on 01753 592000.

Many couples will encounter difficult times during the course of their relationship. Dealing with the breakdown of a relationship and marriage is a stressful and emotive time.

Mediation can assist the parties in discussing matters openly together to resolve any issues in dispute to achieve a solution to suit both parties and any children.

Mediation when addressed with an open mind and willingness to negotiate can be effective and in turn result in less legal fees.

It is also important to remember that the Courts encourage mediation and will look to see how the parties have engaged in attempting to resolve matters amicably prior to the issue of any court proceedings, particularly in relation to financial disputes.

To discuss further, please contact our family law team on 01753 592000.