Disagreements between family members can arise for various reasons. Reaching a consensus on child and financial arrangements when you divorce, deciding who stays in the family home, and agreeing on the terms of a prenuptial agreement can all prove contentious subjects and are difficult to navigate.
However, unless family disputes are handled properly, and any issues are resolved quickly and effectively, fallouts within families can be extremely divisive and cause long-term irreparable damage to relationships.
At Larcomes, our team of experienced family law solicitors in Waterlooville and Portsmouth have been helping individuals and families with their family law issues for many years. Our focus is on helping to find a solution to your family law matter that works for everyone involved.
While our preference is to explore alternative dispute resolution (ADR) methods such as negotiation, roundtable meetings, and mediation to resolve family disputes, if litigation is unavoidable our experienced family law solicitors will guide you through the court process, offering support and guidance at every stage.
If you need some legal advice on family law, speak to our specialist family law solicitors. You can call us 023 9224 6666 or make an online enquiry. All queries will be treated with complete confidence.
Here, our Office Head of Family Law in Waterlooville, Adrian Silk, answers some frequently asked questions about family law.
What is family law?
Family law is a wide-ranging area of law that deals with issues that affect families and domestic relations. Family law can be divided into three main areas: matrimonial, finance and child law, and covers a wide range of issues, including:
- Domestic violence.
- Inheritance law.
- Pensions and other benefits.
- Ancillary Relief Procedure.
- Child welfare.
- Guardianship.
- Adoption.
- Surrogacy.
What is mediation in family law?
Mediation is a form of alternative dispute resolution (ADR) that is extremely helpful in resolving family law disputes.
Family mediation involves parties to a dispute sitting with an impartial, professionally trained third party (the mediator) and working together to reach mutually beneficial solutions without the need to go to court.
Each party is entitled throughout the mediation process to take their own independent advice from their chosen solicitors, and any agreement which is reached in mediation can be put in to a financial consent order or child arrangements order of the court if the parties agree, and they can ask their solicitors to draft these orders for the court’s approval.
Mediation is not appropriate for everyone and the thing to keep in mind is that mediation is a voluntary process.
The only requirement is that if a party wishes to issue court proceedings, he/she must attend a mediation information and assessment (MIAM) before doing so. There are exceptions to the need to attend a MIAM and our solicitors can advise on this and on all forms of ADR.
Although it can be used for any family law dispute, mediation is particularly useful in helping separating couples decide on practical arrangements following the breakdown of their relationship.
Ex-partners often have a series of important decisions to make if they decide to go their separate ways. Mediation can help with:
- Financial decisions, such as what will happen to property, savings, and pensions.
- Arrangements for children, including where they will live, how much time they will spend with each parent, and what will happen during the holidays.
- Child maintenance payments.
- Dividing personal possessions and household goods.
- Dealing with any debts.
Mediation has various advantages over litigation in resolving family law disputes, including:
- It’s cheaper. Mediation is one of the most cost-effective ways for separating couples to reach agreement.
- It’s quicker. It usually takes couples three to five mediation sessions to reach an agreement while it can take up to two years for a case to be heard by a court.
- It reduces conflict. Mediation focuses on a collaborative approach to dispute resolution by encouraging parties to work together.
- It’s less stressful. A family mediator facilitates discussions and ensures the lines of communication remain open.
- Couples retain control. Family mediation requires couples to reach an agreement between themselves rather than relying on the courts to impose a decision on them, resulting in better outcomes.
Read more about mediation in family disputes here.
What should you do if you have a family law issue?
If you are involved in a family dispute, the most important thing to do is to get legal advice from a specialist family law solicitor as soon as possible.
Most family lawyers will suggest trying family mediation first to try to resolve an issue if the circumstances are right.
What is a C2 application in family law?
A C2 application is a court form used in England and Wales to request permission from the court regarding child arrangements. It can be used to:
- Request permission to start proceedings.
- Request an order or directions in existing proceedings.
- Ask to join or leave proceedings.
- Update the court during an ongoing case.
- Add or remove someone from the initial application.
What rights do unmarried couples have?
Living together in England and Wales without being married or in a civil partnership means you have little legal protection if your relationship ends.
Unmarried couples have no financial responsibility to one another if they separate, no claim against any asset in the other party’s sole name, and no automatic entitlement to property. This is the case regardless of how long you have been together and whether or not you have children.
Couples who are living together should consider making a cohabitation agreement to protect themselves.
Family Law Solicitors Near Me
Specialist family law solicitor Adrian joined Larcomes in August 2023 and has headed up the firm’s family law practice in Waterlooville since December last year.
Adrian has around 30 years’ experience and specialises in all areas of family law. He has represented many clients on a wide range of legal issues, including divorce, grandparents’ rights, and financial remedy disputes.
Along with Larcomes’ other family law solicitors, Adrian is accredited by Resolution, a group of family law professionals who believe in a non-confrontational approach to resolving family issues.
Adrian is one of Resolution’s accredited specialists in financial remedy and private children law.
Regardless of the complexity of your family law matter or dispute, our solicitors in Waterlooville and Portsmouth have the knowledge and expertise to help.
We will explain all the options available to you and ensure you are aware of the costs involved, guiding and supporting you through every step of the process.
To speak with Adrian or for legal advice from another of our specialist family lawyers, please call 023 9224 6666 or make an online enquiry.
Remember, you can talk to us in complete confidence and gain reassurance from speaking to someone who understands your situation.
Click here to find out more about our family law team.
Please note that this article is not intended as legal or professional advice. It is for general guidance only, and updates to the law may have changed since it was published.
