Family law
SERVICES
Divorce
We understand that this can be a difficult time, and we will endeavour to make this process as smooth and as effortless as possible.
Working together with you, we advise on separation and the divorce/dissolution process, dealing with divorce proceedings sensitively and efficiently to achieve your best possible outcome.
From 6 April 2022, no fault divorce was introduced in England and Wales as part of several changes to English divorce law being brought in by the Divorce, Dissolution and Separation Act 2020.
No fault divorce allows couples to end their marriage or civil partnership without assigning fault for the breakdown of their relationship. The new legislation removes the possibility of one spouse contesting that the marriage has irretrievably broken down and allows couples to apply individually or jointly for a divorce order.
The court will serve the divorce application on the respondent by email to the respondent’s usual email address and must be accompanied by a notice of service sent to the respondent’s postal address. The respondent will have 14 days from service to acknowledge the proceedings.
After 20 weeks from the date the Court ‘issues’ (starts the divorce proceedings), it will be possible to apply for a conditional order. A conditional order is a document confirming the parties can divorce. On a sole application, the application will be made by the applicant. On a joint application, both parties will apply, unless one party is willing to engage and proceed with the application, it is possible to ‘switch’ the application from joint to a sole application and proceed to apply for the conditional order. This can only happen when applying for the conditional or final divorce order.
Six weeks and one day later an application can be made for the final divorce order, previously known as the decree absolute.
SERVICES
Domestic violence
Protection under the Family Law Act
Various people may apply under this legislation.
In addition to those who are married or cohabiting the following may also seek an Order:
• Someone living in the same household (though not a lodger)
• Those engaged to be married
• Those engaged to enter a civil partnership
• Those who have had an intimate personal relationship for a significant duration
• The parent of a child or with parental responsibility
• Parties to the same family proceeds.
• Civil partners
• Relatives
SERVICES
Non Molestation Order
SERVICES
Occupation Order
Protection under the Family Law Act
Various people may apply under this legislation.
In addition to those who are married or cohabiting the following may also seek an Order:
• Someone living in the same household (though not a lodger)
• Those engaged to be married
• Those engaged to enter a civil partnership
• Those who have had an intimate personal relationship for a significant duration
• The parent of a child or with parental responsibility
• Parties to the same family proceeds.
• Civil partners
• Relatives
SERVICES
Children
Note that attendance at a family mediation information and assessment meeting (MIAM) is compulsory before an application in private law proceedings relating to children may be issued unless an exemption (i.e. in respect of domestic violence) or a mediator’s exemption applies.
With the assistance of Aylesbury Lawyers you can petition the court on all the matters mentioned above including matters of PR and prohibition orders.
If your finding that the other party is not complying with a previous court order, Aylesbury Lawyers can help enforce this order.
We can assist on all matter including;
– Contact orders
– Residence orders
– Domestic violence
– Prohibition orders
– Jurisdiction
SERVICES
Pre & Post Nuptial Agreements
Our specialist expertise includes advice on Pre & Post-Nuptial Agreements to ensure that the agreement is fair.
SERVICES
Financial Disputes
