Expert legal advice on a full range of family legal matters

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.

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.