In most separation or divorce cases, the largest disagreement and confrontations occur when it comes down to your children. Disputes regarding children can be extremely distressing for all concerned. These types of cases require sensitive handling and we strive to work with parents to reach suitable arrangements for your family.

We have extensive experience in dealing with disagreements which concern children. We will always work closely with our clients in an attempt to achieve a resolution by agreement with the help of mediation or the use of collaborative law.

Family breakdowns have a huge impact on the lives of children. Both parents want what is best for their child, they often believe that it is with the child living with themselves and this is how the dispute occurs.

Our approach to children law advice

Our children legal advice services cover every issue involving a child or children, and our solicitors approach each case with great sensitivity and discretion.

If we are unable to resolve issues in this way, the court can be asked to assist in one of the following ways :-

• Child Arrangements Orders – where a child is to live and who they are to have contact with, including grandparents.

• Prohibited Steps Order – this stops someone doing something in relation to a child, such as removing a child from the court’s jurisdiction without agreement or permission.

• Specific Issues Order – this allows the court to determine a disagreement on a specific point, for example such as taking a child abroad on holiday, or to live elsewhere in the UK or overseas or schooling.

• Parental Responsibility Order – who has the right to make decision regarding your child.

The welfare of a child is the court’s paramount consideration. In reaching a decision the court will take into account a number of factors as detailed in The Children Act 1989.

With their skill, experience and dedication, our family matters solicitors will be able to ensure the best outcome for your family, in particular, your children.

Six out of every ten couples who live together believe that they have the same protection as married couples if this split up; this is incorrect.

The terms “common law marriage” and “common law husband or wife” is a myth. People get referred to as “living together as husband or wife” but are unaware that they do not have the same rights as a married couple when their relationship ends. This includes whether co-owners of property are unmarried partners, business partners or friends.

By speaking with our experts you can learn more about your situation and the law of cohabitation disputes in Hampshire and Wiltshire.

Planning for your future

It is very important to understand that living with someone does not have the same legal consequences as being married. The situation is legally much more complicated and uncertain. It is worth considering the options below and speaking to a lawyer about your individual situation.

Declaration of Trust

If you are going to buy a property jointly with someone else, you should always see a lawyer and ask them to draw up a document called a Declaration of Trust.

If you decide to get a cohabitation agreement, you would not need a separate Declaration of Trust, as these points can be covered in the cohabitation agreement.

Cohabitation agreement

You can ask us to draw up a cohabitation agreement (also known as a living together agreement), which sets out what would happen to any property, money and possessions if you split up.

Get in touch for advice on any of the following areas to discuss your protection:

• If you live in a property in your partner’s name

• If you live in a property that is held in joint names with your partner

• If you and your partner have children together

• If your partner dies and has not made a will

We are here to help you to reach an agreement when dealing with finances as part of a relationship breakdown. As well as dealing with the issues that resolve property and where you are to live, a number of other issues usually arise in such circumstances.

If you are finding yourself in this situation then please do call us and we can help you.

We understand and appreciate that this is a very tough time, and we offer a free initial chat to help answer those questions that are causing you worry and anxiety. This chat also allows you to get to know us and trust us.We can help advise you along the way in the process of divorce or separation as to what is best for you and your family.

Divorce

Every case is individual and every client will have different needs. We have the ability to be able to offer you a variety of options to help you to move forwards.

We can advise you on procedures for divorce which will end your marriage or civil partnership.

Finances

One of the biggest causes for concern in any relationship breakdown are finances. This can cause conflict, stress, worry and uncertainty. We can provide you with sensible advice on this. We can advise you as to what is fair, reasonable and most importantly what is achievable. Managing your expectations is crucial. We can advise you in respect of what happens to the family home, splitting of savings, pensions, debt, and maintenance.

If you are worried that your spouse may start to spend the family savings then please contact us immediately, steps can be taken to protect your marital assets.

You can read many articles online regarding divorce and separation but your case is unique to you. We can offer you advice on a large number of financial matters so please do contact us.

Separation Agreements

Not everyone wishes to proceed with divorce immediately and would rather deal with financial matters firstly with a view to divorce at some point in the future. We can help you negotiate a financial agreement with your spouse.

A Separation Agreement is not a court order so does not carry the same weight. However, it does show a court what your intentions are and can show a court in the future of what your intentions were in the event that there is a dispute.

Through the process of divorce and separation, there is another common situation which can occur and be a part of the divorce and separation process – domestic violence & injunctions. Work with our domestic violence solicitors in Wiltshire today to learn about the process.

A Domestic Violence Injunction can be obtained during divorce proceedings or separately.

There are two types of Domestic Violence Injunction :-

•     Non-Molestation Orders

•     Occupation Orders

Non-Molestation Orders:

These Orders can be made to protect adults or children from harassment, intimidation or threats of violence from an associated person or someone else instructed by that person to do one or all of those things.

Occupation Orders:

An Occupation Order is an Injunction which relates to property and can determine who is allowed to continue to live in a property in the short term after there has been domestic violence. The Order can exclude a person who owns or has an interest in the property from either part of it or indeed the whole of the property. The Order can also enable a person who has been wrongly excluded or evicted from the property to go back to it.

Property Injunctions:

If you are involved in divorce proceedings and become concerned that your spouse is trying to dispose of valuable property or money to prevent you making a claim against that asset, an emergency application can be made to the Court to prevent the disposal.

Middletons Family Law team has experience in all types of applications involving the orders referred to above.

When a marriage, civil partnership or long-term relationship ends, it’s important that both parties concisely and fairly arrange, manage and agree on how to divide their assets. Our experienced family law solicitors are highly experienced in the process of financial resolution and will guide you through the process.

The Matrimonial Causes Act 1973 as amended sets out a list of factors which a Court will take into account when dealing with the financial issues arising on the break down of a marriage or registered civil partnership.

If you and your partner are contemplating the prospect of ending your marriage, civil partnership or long term relationship, it’s important that you find a reliable family law team for advice and support. Our team of family solicitors hold years of experience in dealing with every aspect of financial resolution.

Each case is individual

Each case is decided on its own facts. The Middletons Family Law team has experience in dealing with the resolution of financial disputes arising on the breakdown of a relationship and have specific expertise with regard to Armed Forces Pensions and other state funded pension schemes.

It is essential that you and your spouse give your lawyers full and frank disclosure of all your capital income, pensions and other assets. It is only once all documents are disclosed that the best advice can be given with regard to the division of assets, the sharing of pensions and the provision of maintenance.

The objective

It is hoped that a resolution in each case agreement will be reached by negotiation, mediation or the collaborative route which will allow a Consent Order to be submitted to the Court to reflect the terms agreed.

Financial resolutions can seem like a difficult and complex process from the outset, but with the support of our experience solicitors, we will always strive to make the process as simple as possible.

Our inheritance solicitors are extremely knowledgeable and highly experienced with the many aspects of inheritance and wills. Whether you need to write a will, dispute or challenge a will or require guidance on the matters of Power of Attorney, our inheritance and wills solicitors are available to support you.

Inheritance

Middletons Family Law and Dispute Resolution teams have experience in dealing with Inheritance Act claims, both on behalf of Executors or hopeful beneficiaries.

The Inheritance (Provision For Family And Dependants) Act 1975 is an Act in law which permits a court to make order for the making out of the estate of a deceased person who hasn’t made proper provisions before their death. In this case, broadly speaking, the role usually falls to immediate family or a partner. This typically includes provision for the spouse, former spouse, child, child of the family or dependant of that person.

Wills

Marriage will make a will completely null and void unless it has been made in contemplation of the marriage. Divorce will affect the terms of a will substantially. It is therefore important to consider making a will at various stages in your life. Second marriages invite different considerations.

Middletons Family Law team work closely with lawyers in the Wills and Probate department to make sure that you receive the best advice in connection with the preparation of a will, taking into account the needs and requirements of your family as well as the burden of Inheritance Tax.

All clients are encouraged to make a will, no matter their age, financial situation or background.

Prenuptial Agreements are becoming more and more popular across the UK. It’s disappointing to think that around 50% of marriages end in divorce or separation, and this is why you and your partner should consider working on a prenuptial agreement with a professional.

Prenuptial Agreements are becoming increasingly common and English Courts are now recognising the importance of such agreements. Whilst they are not strictly enforceable by Courts in England, they are now being upheld. By working with an experienced prenuptial agreement solicitor in Wiltshire, you can come to an agreement should your marriage breakdown.

What is a Prenuptial Agreement?

A Prenuptial Agreement is an agreement made by a couple before the end of a marriage or civil partnership. Also known as a Prenup, Prenuptial Agreement or Prenuptial Contract, it’s a great way for you to both settle on how your property and other assets are divided between you. Just because you have a prenuptial agreement doesn’t necessarily mean your marriage or partnership will end, it’s an agreement that you can both respect should it happen in the future.

Such Agreements are often important for those proposing a second marriage where they have substantial assets and children of an earlier marriage or relationship. In such circumstances the consequences of a possible breakdown of the relationship should be looked at commercially as well as practically by both parties.

How we help

By working with our Prenuptial Agreement solicitors, we can work with you both to draft your prenuptial agreement. We’ll approach it sensitively and carefully, ensuring that you are both satisfied and fully understanding of the agreement; which will be used should you separate in the future.

When a court considers a prenup, they will ask a variety of questions about the agreement, including whether the party with the most assets to lose understands it, whether either member was pressures into signing and more. This is why it’s important for any couple looking to create a prenuptial agreement to work with a neutral and experienced family solicitor.

Middletons Family Law team has experience in negotiating and drafting such agreements – so do not hesitate to get in touch.

Family mediation is an effective process for a range of family disputes; divorce, child arrangements and finances to name a few. The process allows parents to work with an impartial third-party expert to recommend a way forward, agreeing suitable agreements.

Our family mediation solicitors offer an approachable, tailored and expert approach to mediation and family law.

It can be an extremely difficult, stressful and emotional time for you; especially when it comes to working with a partner you are set to split from.

Mediation is a voluntary process and either party can withdraw from the process at any time. We do our best to encourage you to engage with the process and complete it.

What is Family Mediation?

Mediation is the process that allows families to negotiate about future arrangements with a trained mediator. Both parties are free to communicate effectively and calmly in an unbiased environment.

It’s an alternative to Court proceedings and is normally an effective way to support separating couples to resolve issues.

Such issues include:

• Living arrangements for their children

• Finances

• Assets

What is involved with the process of mediation?

The process is facilitated by a neutral third party, the Mediator. They will aid the negotiations to support the process of mediation.

The aim is to ensure that we deal with the case as swiftly as possible; whilst respecting both parties to resolve every aspect and asset.

The process begins with an initial assessment, allowing us to hear and understand your situation to then see and explain how mediation will help you.

After this mediation information and assessment, the process is completed and both parties wish to continue. That is when we will begin the joint sessions with the two of you. It occurs over a period of weeks or months and usually concludes with a mutually agreed outcome.

The benefits of mediation

Mediation is thought to be a less confrontational way to agree on arrangements in the event of a family breakdown. It works for many partners going through a breakup, and the other advantages of attending mediation include:

• More control over the decisions made and agreed, instead of proceeding through court.

• A less stressful way to deal with sensitive matters.

• Provides better communication to arrange future arrangements.

• Gives both sides an easier method to suggest, review or change provisions.

• It’s typically a much cheaper and quicker process to resolve any disputes.

What if mediation fails?

If the process of mediation doesn’t work, then you can proceed with your dispute in court. There are a variety of reasons mediation fails; whether it’s due to one of the parties not attending mediation sessions or the mediator doesn’t feel the process will succeed.