5 Key Services Offered by Family Law Solicitors
Family solicitors are experts in domestic matters and are there to offer legal guidance and practical support to both individuals and families. Adept in issues such as divorce law, child custody and familial disputes, domestic law specialists can guide you through every stage of the legal process with confidence and compassion, representing you in court if necessary.
You can just read on to discover five key services that family law solicitors provide, what they involve and when you might need them.
Service #1: Divorce and Separation
Family law solicitors oversee two main separation matters: managing divorce proceedings and legal separation agreements.
Managing divorce proceedings: Divorce solicitors are a crucial part of the divorce process – organising paperwork, liaising between parties and supporting and guiding clients through every stage. Solicitors can help you understand your legal rights and likely outcomes, navigate financial matters, and address issues related to children with expertise and empathy.
Legal separation agreements: If you and your partner decide to end your relationship, you can enlist a solicitor to help draft a separation agreement – a legal document outlining your arrangements for living apart, including finances, child-related issues and property.
These agreements can formalise a separation and mitigate the risk of future disputes, and can be used by estranged couples who are not yet ready to divorce. Equally, they can be incorporated into the consent order for a divorce or civil partners
hip dissolution.
Service #2: Child Custody and Parental Responsibility
Family solicitors approach child-related matters with sensitivity and professionalism. When emotions are running high, they can help former couples make those all-important decisions for their child.
Custody arrangements: If you and your ex-partner can’t reach an agreement on child issues, family law solicitors can intervene by facilitating mediation or by drafting a custody order, minimising stress and uncertainty for your child.
Child arrangement orders in the UK detail who a child should live with, whereas ‘specific issue orders’ can formalise matters relating to schooling, religion, medical care and whether the child can live abroad.
A primary custody agreement confers main residency and guardianship to one parent, with the other parent often being granted visitation rights.
Visitation rights and shared parenting plans: When overseeing child custody orders, a judge will generally deem it best for the child to have a parent in their life. In the absence of any abuse or neglect of the child, most non-residence parents are given visitation rights. An arrangement order will detail when and how often these visits will typically occur.
Also known as a co-parenting agreement, a ‘shared parenting plan’ is a written document detailing the practical issues for a child, involving living arrangements, communication and decision-making. Child arrangement solicitors can draft this for former couples, supporting a co-parenting approach.
Service #3: Financial Settlements and Asset Division
Family law solicitors can assist in financial and property matters if you and your ex-partner can’t reach an agreement.
Division of property and assets: Legal experts can help you to divide money and property in the event of a divorce or separation, assisting in the process of identifying and valuing assets, deciding what is community property, and reaching a financial agreement.
Family law solicitors can help draft a consent order – a legally binding agreement that details the mutually-agreed division of assets – or help negotiate a financial settlement, either through mediation or directly with them.
Spousal support and maintenance: When couples separate or divorce, a judge will decide if an amount of money should be paid at regular intervals from one partner to the other. Family law solicitors can draft the spousal maintenance application, ensuring that the financially weaker spouse can continue their quality of life as they transition to independence.
Child maintenance payments are made from one parent to the other and are intended to help cover the living costs of the child when one of the parents no longer lives with them. Specialist solicitors can help to establish what you’re entitled to and to negotiate these payments.
Service #4: Domestic Violence and Protection Orders
Family law solicitors are there to help you and your family when you need it the most. If you feel unsafe due to domestic abuse, it’s crucial that you seek legal protection; the legal process can be overwhelming, but you can be guided through your options if you’ve been threatened, attacked or coercively controlled.
Legal protection from abuse: Non-molestation orders prevent the perpetrator from harassing, approaching or causing harm to the victim and any children. They are typically enforceable for 6 to 12 months, and breaching the order is an arrestable offence.
Occupation orders specify who can live in the family home and can prevent the perpetrator from coming on to the property or being within a certain distance of it.
Emergency injunctions and legal remedies: It’s possible to apply for an emergency domestic abuse injunction if you have recently suffered threats or violence, even if you can’t access or afford legal aid funding.
Typically, the application will be made ‘without warning’, meaning the perpetrator won’t be told about it, for the safety of you and any children.
Service #5: Prenuptial and Postnuptial Agreements
No one enters into a marriage or civil partnership expecting it to end, but you can choose to draft a legal agreement prior to or during a marriage in case it does.
Importance of marital agreements: Marital agreements are contracts drawn up to ensure that both parties are financially protected should the marriage end. These documents typically detail the division of assets and liabilities, and family law solicitors can ensure that any agreement is fair and legally watertight.
Legal framework and enforcement: Although marital agreements are legally binding documents, a judge will only recognise an agreement that is fair to both parties and that was entered into willingly, so they’re not automatically enforceable. It’s advisable that both parties receive impartial legal advice before signing, with prenuptial agreements being signed up to 28 days before the marriage.
Additional Legal Support Provided by Family Lawyers
Family law solicitors can also help with a number of other domestic-related services.
Adoption and surrogacy: To make sure that everything is legally binding, it is essential that you obtain legal counsel before adopting a child or signing a surrogacy contract. Legal consultation, contract drafting, terms negotiation, court application management, international adoption supervision, and client representation are among the services that solicitors provide.
Mediation and collaborative law: Alternative methods of resolving disputes, deigned to avoid court proceedings, are available for family law cases. Mediation involves all parties meeting with an independent ‘mediator’ and trying to reach a mutual agreement. The mediator does not decide on a course of action, but steers the conversation to help former couples amicably make an arrangement.
Collaborative law involves all parties, and their respective solicitors, meeting to discuss their issues, and is based on legal advice and parameters.
How Family Law Solicitors Handle Sensitive Issues
Family relationships can be complex, and domestic law solicitors understand that each case warrants respect and sensitivity in its approach. Disputes within the family are often emotionally fraught and stressful, so a compassionate service is required. Confidentiality is paramount for legal specialists, and client privacy and dignity are observed throughout the process.
Legal strategy and advocacy in family law cases are crucial to a client’s success. Strategy here refers to the solicitor’s plan to achieve the client’s goals, whereas advocacy refers to solicitor representation (the things they say and do on behalf of the client), presenting the best possible case to the court and other bodies and defending the interests of the client.
Choosing the Right Family Law Solicitor and the Legal Process
For the best possible chance at legal success, you need the right representation for your individual needs. Family law cases are invariably sensitive and complex, so you need a solicitor who is both understanding and an authority in their field.
QualitySolicitors boasts a nationwide network of legal experts all over the UK, offering expert service at the local level. Our family law solicitors are primed to offer advice and practical support, explaining everything clearly and without legal jargon.
Offering a free, no-obligation initial consultation, QualitySolicitors can put you in touch with a specialist solicitor who can explain your options and, if necessary, represent your interests, giving you peace of mind and confidence through every stage of the legal process.
