Family Law

Before a couple marry, they may decide to try and regulate what is to happen to the assets of their marriage (or their civil partnership) in the event of a divorce or dissolution, by entering into a pre nuptial agreement.

At present prenuptial agreements are not however legally binding in the UK.

For a long time, they have been considered against public policy as they appear to undermine marriage, however, there has been a recent change in judicial thinking with more judges now prepared to consider that a fair and reasonable prenuptial agreement signed in the right circumstances, should potentially be upheld. This means that although they are not enforceable in UK law, the court will now take any such prenuptial agreement into account when making its final decision as to how matrimonial assets should be divided.

If prenuptial agreements are not legally binding at present, some may ask whether it is worth in fact actually entering into one.
When a court decides how to divide matrimonial assets between the parties it will consider “all the circumstances of the case.” If two adults have signed an agreement setting out what they think should happen if they were to divorce in the future, then it is quite appropriate that the prenuptial agreement should be taken into account as part of the circumstances of the case.

Whilst the breakdown of a relationship is always charged with a high level of tension, there is a need for common sense and practical approach to be taken to ensure that the family assets are split equitably to allow the parties to start afresh and that proper provision is made for any children of the separating couple.

It is always preferable for any resolution of the finances to be dealt with amicably and by agreement, and that there is an as little conflict as possible, not the least because any ongoing conflict between the parties will lead to an escalation of legal costs. In many circumstances, an agreement can be reached between the parties, or with the help of an experienced Solicitor, or with the help of ‘Mediation’, a procedure designed to facilitate a favourable outcome by negotiation.

We will do our utmost to ensure that the financial remedy is determined without conflict to the benefit of the family as a whole but if an amicable agreement cannot be reached then we are experienced in dealing with Court proceedings to determine the split of assets between the parties.

Eden Solicitors are very experienced in dealing with family cases involving domestic violence. If you are in a violent relationship it is important to know that you are not alone.

If you are the victim of domestic violence we can help you to obtain what is known an injunction. This is an order of the Family Court which forbids violence, threats of violence and harassment. Eden Solicitors have a great deal of experience in obtaining injunctions.

This type of Injunction can be obtained against “related persons” which often means other family members, e.g. partners or ex-partners, parents, children, brothers, sisters etc.

We understand that cases concerning domestic violence must be dealt with promptly. We, therefore, guarantee that if you contact us with a case that concerns domestic violence we will give you an appointment within 24 hours, usually the same day you telephone.

In many cases we have seen clients in the morning and by early afternoon; the injunction has been obtained providing the client with protection once it has been served on the person causing the problem.

It is always preferable for any resolution of the finances to be dealt with amicably and by agreement, and that there is an as little conflict as possible, not the least because any ongoing conflict between the parties will lead to an escalation of legal costs. In many circumstances, an agreement can be reached between the parties, or with the help of an experienced Solicitor, or with the help of ‘Mediation’, a procedure designed to facilitate a favourable outcome by negotiation.

We will do our utmost to ensure that the financial remedy is determined without conflict to the benefit of the family as a whole but if an amicable agreement cannot be reached then we are experienced in dealing with Court proceedings to determine the split of assets between the parties.

Ending a marriage can be a very difficult experience and the legal complexities involved can appear overwhelming. We have a team of lawyers who are specialists in this field of practice who are in the position to explore the options available to you so that the stress of the process is minimised and the best possible solution can be reached.

To legally end a marriage in this jurisdiction you must show that you have been married for at least a year and 1 day. Our divorce solicitors can advise you on how you should provide the court with this information, including translating foreign certificates, if necessary.

It is commonly said that “there are five grounds of divorce”. This is not actually the case under the law of England and Wales; to legally end your marriage you will have to show that your relationship with your partner has irretrievably broken down.

Here at Eden Solicitors, we are specialists in dealing with matters relating to children following a divorce or separation. Contact us to discuss anything related to child contact (sometimes called child custody), or child residence.

Following a family breakdown, the needs of any children involved are of the highest importance. Therefore the law in relation to children is clearly based on what is in their best interests and not the best interests of the parents.

It is important to ensure that arrangements for things such as where the children will live, when and how often they will have contact with the non-resident parent and where they will go to school are all agreed.

In practice, the law prefers voluntary agreements between parents rather than court-imposed settlements as it is judged that voluntary agreements are more likely to succeed in the long run. The courts will only usually become involved if both parents are unable to reach a suitable compromise.

To legally end a marriage in this jurisdiction you must show that you have been married for at least a year and 1 day. Our divorce solicitors can advise you on how you should provide the court with this information, including translating foreign certificates, if necessary.

It is commonly said that “there are five grounds of divorce”. This is not actually the case under the law of England and Wales; to legally end your marriage you will have to show that your relationship with your partner has irretrievably broken down.