Family law solicitors are experienced in providing a range of professional legal services relating to matters such as divorce, child custody, adoption and cohabitation agreements among many other matters. Receiving legal advice in relation to family law matters can provide a useful roadmap to understanding the available options. A family law solicitor can provide advice in instances where a matter in family law gives rise to legal proceedings, including if a case progresses to court.
Providing a wide range of legal services, a family law solicitor can deliver reassuring, clear and sensitive guidance in relation to issues which are often challenging and stressful. Throughout the process of divorce, there are an increasing number of options available to resolve legal issues intended to reduce conflict and provide an efficient and cost-effective route to an outcome that is fair for all parties.
Read more for some further information on the range of legal services provided by family law solicitors.
Divorce & Separation
Family lawyers are frequently instructed to give legal advice in relation to divorce and separation. Divorce can be a challenging and stressful process and clear and helpful professional legal advice is an important step in achieving the best possible outcome for all parties. There is often a wide range of issues relating to divorce and discussing the matter with a family lawyer can help provide useful clarity.
With the recent introduction of no-fault divorce rules, it is now possible to get a divorce by citing the reason for the irretrievable breakdown of marriage rather than assigning blame. Although this process has now been made considerably more manageable following these reforms, it is still important to receive professional legal advice in order to understand the options available. Legal advice in relation to a divorce can help establish childcare arrangements, how assets are divided and many other practical considerations following the divorce.
In legal advice relating to divorce and separation, family law solicitors work with parties to ensure that the interests of children are at the forefront of decisions made. There can be a variety of approaches taken to decide the manner in which assets are divided. Whilst divorce proceedings can proceed to court in some instances, in many cases, fair agreements on practical arrangements can be reached outside of court.
Increasingly throughout divorce proceedings, alternative dispute resolution is utilised as a means for parties to reach a fair outcome in relation to practical arrangements following a divorce. One form of alternative dispute resolution is mediation. In mediation, both parties will have legal advisors present and a qualified mediator will assist in reaching the best outcome for all parties involved.
There is a wide range of other alternative dispute resolution processes which are frequently used in natural law including arbitration and collaborative law. Alternative dispute resolution options provide a range of routes which can allow for decisions to be reached more amicably and cost-effectively than if a case progresses to court.
Child Contact and Access
A family law solicitor can provide professional legal advice in relation to child contact and access. Matters relating to the welfare of children are at the forefront of a family law solicitor's role. There are a number of reasons why a parent may be refused access to children the predominant reason being where there is a welfare risk. A family lawyer will be able to advise on issues relating to this providing clear guidance on the issues involved. There is also scope for a change in arrangements made in relation to children after a divorce and a solicitor will be able to advise on instances where this is an available option. Family law solicitors can also provide advice in instances where there is a contact dispute.
Collaborative law can provide a useful means of reaching an outcome where both parties are equally involved in the decision making process. In this approach lawyers who are qualified in collaborative law will work with both parents to establish the best approach moving forward. Where there are complex legal issues present this can provide a process in which both parties are fully engaged in working towards the best outcome.
There are cases where it is not possible for parties to reach an agreement through negotiation or using alternative dispute resolution. In this instance, there is an option to progress a case to court proceedings. This is also an option that can be taken if the welfare of children is a concern. This process can ensure that the interests of children are prioritised as courts make determinations in the best interests of children. The drawbacks of the court process are that it can be stressful, increase conflict and potentially present a costly option. This is why other means of resolving issues are encouraged where possible.
Child Custody and Residence
The most important aspect of any divorce process is deciding what the arrangements will be in regard to children.
There are legal applications that can be made in relation to a child’s upbringing once parents have separated. These applications may be in relation to a ‘specific issue order’ or a ‘prohibited steps order’. If the parents of a child have been unable to agree on arrangements for a child then an application can be made by one or both parents for a ‘child arrangements order’. This will define where a child lives when each parent spends time with the child and provides a determination on when and how other types of contact should take place.
There is a wide range of processes available to resolve issues that arise throughout a divorce. The route that is taken will depend on individual circumstances and a family law solicitor can advise on the advantages of each approach in a given case. It is typically recommended where possible that working together throughout a divorce process will often lead to a more cost-effective and amicable outcome than progressing court proceedings. Court proceedings, however, provide a necessary option where other processes are not viable. In either case, independent legal advice is important in understanding the available next steps and the benefits of each option.
Cohabitation Agreements
A cohabitation agreement is an agreement put in place by couples who are not married but would like to live together. These arrangements can relate to children, property and finances as well as other practical arrangements. These agreements are popular as they can help provide peace of mind in relation to a range of factors. In addition to unmarried couples, cohabitation agreements can be made more generally between two people who are living together.
A family law solicitor can help draft a cohabitation agreement. In some instances, these agreements may be suggested that each person receives advice from a separate solicitor. This can provide clarity in terms of both parties understanding ways in which their own interests can be protected. There are many cases when it makes sense for a couple to receive separate legal advice when drafting shared documents in order to gain a full understanding of all the options as it relates to their individual situation.
Adoption
For an adoption to be legal it is necessary for there to be a court order. Family law solicitors assist families throughout the adoption process by helping them understand their rights and obligations. There can also be instances where applications are made by birth families in adoption proceedings. Family lawyers can provide professional legal support in these proceedings ensuring that the interests of children remain at the forefront.
Throughout any legal process in a family law setting, it is important that all parties have a clear understanding of the decisions made. Family law processes can sometimes be complex and in order for decisions to be reached as amicably and cost-effectively as possible, it is necessary for all the relevant information to be available to all parties concerned.
Get In Touch
Our specialist family lawyers at DJP Solicitors are experienced in advising on a wide range of matters. With offices in Forfar, Montrose, Elgin and Peterhead we can provide affordable, clear and helpful professional legal advice in relation to family law matters.
To book an appointment with one of our family law solicitors call us on 01224 590 053 or email us at info@djpsolicitors.com with any queries and one of our team will be happy to get back to you.
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