Adamsonslaw.co.uk are specialists in family law and will deal with your claim in an understanding and caring manner as inevitably this is a sensitive area of the law.
Family law is the area which deals with family and domestic matters and when the domestic unit breaks down or experiences certain crisis it needs the involvement of a solicitor. Issues such as divorce, separation and child custody are such examples.
The solicitors at Adamsons Law will work with you to provide assistance which will hopefully be amicable for all concerned. In family law legal experts have to be more than just lawyers as this is a very emotional subject and exercising sympathy and fairness goes a long way.
There are times when family law involves other skills such as wealth protection whereby a solicitor will have to advice on cohabitation agreements and property arrangements.
Adamsons Law have a team of specialised family solicitors with many years of experience in this field. No matter how complicated you think your situation might be we are here to help. It could be that you are contemplating a divorce or separation and want to know approximately how long the process will take and how to go about it in the first place. You will no doubt want to find solutions which will involve the minimum of disruption to your family.Of course we do everything possible to try and settle conflicts outside of court as this is always in the best interest of the family and especially when children are involved.
Call us on 0161 694 2750 to speak with one of our specialist family law solicitors.
A divorce has to be filed within six months from the time that you found out about the adultery. This will be the case unless you have had a legal separation. If however you are still living with your spouse and the six month period has elapsed, then you will not be able to use adultery as grounds for a divorce as you will be viewed as having condoned the adultery.
In order to file for a divorce, you must be an innocent party. There is no point in filing for the divorce if you are the adulterer. Of course, there is a requirement to prove the adultery or else it will be a case of your word against theirs. You must provide evidence to the court such as dates, times and places. Some people have been known to hire private detectives to attain photographs but this is not necessary to proof guilt.
A common belief is that the person with whom the adultery took place has to be named. This is not the case and the person concerned has no legal obligation to cooperate.
Divorce is identified in law as the final termination of marriage whereby all legal duties and responsibilities which form the back bone of the union are cancelled. Divorce is distinct from an annulment which declares a marriage null and void. No matter what the reasons are for a divorce, it is a process which has to be sanctioned by a court of law. As far as the law is concerned, the only real grounds for divorce are the ones which include the irretrievable breakup of the marriage. However there are classic grounds which will usually justify getting divorced. These grounds will also be more relevant in cases where the divorce is not defended and certain factors need to be demonstrated in court once you have submitted your divorce petition form.
Fortunately you will not have to deal with this process on your own as our solicitors at Adamsons Law have a wealth of expertise in all divorce matters. You will be given the best advice available from some of the best divorce lawyers in the UK. We will make sure that any divorce settlement granted by the court is efficiently administered with minimal stress.
Some people are tempted by the lure of getting a divorce online but this often proves to be a false economy and important issues like this should be dealt with face to face by professionals. Divorce law is not something which should be taken lightly as typically there are financial and emotional implications after the divorce has been completed.
During the process of divorce, you will first receive a decree nisi, which is the official acknowledgement before you receive your decree absolute which officially signifies the end of the marriage.
Adultery is one the main reasons for a divorce in the UK. In fact adultery and divorce seem to go hand in hand. Here at Adamsons Law, we have an expert team of solicitors in our Family Law department who will be able to advice and assist you in your impending divorce.
Adultery is also one of only two reasons where a divorce can be granted relatively quickly. The only other time this will happen is where there has been unreasonable behaviour.
Adultery has been committed when one person in a marriage has a sexual relationship with someone outside of their marriage. This will always be a person of the opposite sex as adultery law does not recognise same sex relationships as grounds for granting a divorce. If you know with certainty that your husband or wife has had or is having an extra marital affair then you should seek legal advice without delay.
Desertion is one criteria used by a Court to ascertain whether a marriage has irretrievably broken down. This is not often used as a basis for divorce and is often very difficult to prove. The reason it is hard to prove is because you have to show that your spouse intended to desert you and had no intention of returning to live with you as your spouse. Therefore taking a job abroad on a 2 year contract may not in itself constitute desertion. If you forward a petition to the Court, you have to demonstrate that your spouse has definitely deserted you for a continuous period of two years prior to you presenting the petition. This may prove to be conclusive in determining a marriage breakdown. There are other factors which need to be satisfied. As well as this two year rule, you also have to show that you have been living separate and apart from your spouse. You have to prove that the respondent (your spouse), intended to desert you. You (the petitioner) must not have consented to or agreed to the separation. It also has to be shown that there wasn't a good reason for the respondent to leave. The courts do allow for periods of reconciliation even after the first period of desertion in order to give the couple a chance to make amends. This can be up to a period of six months. If this reconciliation fails, then you can still utilise the two year rule from the date of the original separation as long as you do not cohabitate for six months in total after this date. Our solicitors at Adamsons Law will be able to go through all the details with you and give you an honest appraisal as to whether the facts of your situation will allow for a petition for divorce under the grounds of desertion. Whilst it is very difficult to secure a divorce this way, you can rest assured we will exhaust all options available.
Call our dedicated team of family divorce lawyers on 0161 694 2750 in order to discuss this further.
Pre-nuptial agreements have become more and more popular in recent years. In its simplest form, it is a formal agreement entered into prior to a marriage or civil partnership. It highlights who owns what at the beginning of the marriage and how assets and possessions will be distributed if they marriage ever breaks up. In United States, pre-nuptial agreements have been in existence for a long time but in the UK, they have not been as widely used. Strictly speaking a prenuptial agreement is not enforceable in UK law. However the 2010 case of German heiress Karen Radmacher the court accepted the validity of the prenuptial agreement when making its judgement. The basic objection lies in the fact that a prenup as they are sometimes called, can undermine UK Family Law principles. For instance if one was to sign a prenup and then continue with a long marriage, the terms of the prenup may no longer allow for a fair distribution of the assets of the marriage. Cases such as these have opened the eyes of many high worth individuals who are keen to protect previously acquired assets from the jurisdiction of the family court. This had led to a greater interest in prenuptial agreements as a way of providing some piece of mind before one enters into a marriage. Rather than trying to avoid financial responsibility, these individuals are looking for some degree of fairness. The Supreme Court decision in the Radmacher case could be seen as a sensible step for UK law and potentially reduce the number of divorces. Many lawyers believe this to be a significant precedent. We at Adamsons Law do not regard ourselves as prenup lawyers but rather experts in family law who will advise as to the best possible ways to protect your assets. Whilst we cannot guarantee that a court will withhold everything contained in the document, having a prenup will provide some leverage in future legal disputes. We will work with both you and your partner in achieving an amicable agreement for the present and future.
Call one of our specialists now for an initial discussion on 0161 694 2750.
This is also an option when divorce is not allowed on religious grounds. Judicial separation, although a legal separation, does not bring your marriage to an end, and you will still need to seek a divorce at some point in order to end the marriage. However the benefit of obtaining a certificate of Judicial Separation is that you are no longer obliged to cohabit as a married couple. Additionally if either party dies after obtaining a judicial separation without making a will, then their assets are distributed with no consideration to the spouse. This of course is not the case if you're merely separated from your spouse. Provisions related to pensions may be examined closely by the courts when presented with an application for judicial separation. The grounds for judicial separation are similar to those of a divorce such as unreasonable behaviour or where one of the parties has committed adultery. Unlike divorce, you do not have to demonstrate that the marriage has irretrievably broken down. Adamsons Law have a team of divorce solicitors with a high level of experience ready to assist you. Some people might question the merits of obtaining a judicial separation when it is effectively a divorce in all but the name. The fact is, everybody is different and indeed some couples may for whatever reason still want to remain attached to their spouse. This could be merely be to retain a surname or possibly even to avoid having to re marry if relations improve later on. As professionals we never judge and will perform our duties to the best of our abilities.
Telephone us now on 0161 694 2750 for a free initial discussion about judicial separation. All our team is committed to providing you with the highest levels of service. We realise that going through a separation can be a traumatic time and we will deal with your enquiry with sensitivity, professionalism and efficiency.
If you and your spouse have been separated for a continuous period of 2 years or more and you both agreed, then a petition can be presented to the Court seeking a divorce on the basis of 2 years separation with consent. However if there have been any periods of cohabitation within the stipulated 2 year time frame, then this will not be available as a grounds for divorce. This type of divorce is often referred to as a no fault divorce due in part to the fact that it is less acrimonious than other types of divorce with no accusations of bad behaviour.
The two year consent rule will apply even if the couple decide to live in the same house. This will be the case as long as they are not cohabiting such as sleeping in the same bed or washing each other's clothes. You have to be very careful with this rule because a court can withdraw any consent given up to the point of the decree nisi. In exceptional circumstances, the consent can be withdrawn much later just before the decree absolute.
Another important fact to consider is that courts will decide upon all financial matters at the time you decide you want to bring a petition as oppose to when you have separated. This means that any assets acquired after the separation can be taken into account in any divorce settlement. Most people will consider this as unfair but it is the law and highlights the importance of efficient financial planning.
It may be the case that your divorce cannot be presented on the basis of 2 years separation with consent in which case our advisors at Adamsons Law will be happy to explore one of the many other options with you. We of course will endeavour to expediate the completion of your divorce papers for you at your earliest convenience.
All our team is committed to providing you with the highest levels of service. We realise that going through a divorce can be a traumatic time and we will deal with your enquiry with sensitivity, professionalism and efficiency.
If a couple have been separated for more than 5 years, then either spouse can petition for a divorce under the grounds of 5 year separation without consent. In this situation, unlike the 2 year with consent rule, the petitioner does not have to have consent from the respondent. The respondent cannot contest the petition but they can ask the Court to refrain from granting the decree absolute due to exceptional circumstances such as significant financial hardship.
The 5 year separation without consent route is considered to be the last resort in an effort to achieve a divorce. The no consent aspect is to allow freedom to the spouse wanting the divorce in cases where the other spouse either disagrees with divorce on religious grounds or is just being awkward to make things difficult. It would be extremely unfair not to let the other party get on with their lives.
A spouse might also register another objection based on the fact that they disagree with the length of time that you were both separated and will therefore use this to try and hold off the divorce proceedings.
It is of course rather rare to use this method of divorce since most people who have separated would not necessarily still want to be married to their husband or wife after 5 whole years.
However sometimes the husband or wife might not be present, in which case the divorce papers will have to be sent to them. In order for the divorce to go through, the respondent will still need to have received them even if they don't respond. If they don't respond, and you can prove that they received them, then you will be able to proceed in their absence.
This type of divorce can also be regarded as a no fault divorce since the reason for a separation is likely to be amicable. Nevertheless, it's always a good idea to talk to one of our dedicated solicitors here at Adamasons Law in order to discuss some of the finer details if you have to exercise this option.
Civil partnerships were first granted in the UK under the Civil Partnership Act 2004. This act effectively gives parties involved in same sex civil partnerships the same legal rights as those of heterosexual marriages. This will mean that all affairs which were traditionally related only to marriages will now apply to civil unions. These will include tax and inheritance, income related benefits and child support, employer benefits as well as recognition for immigration and citizenship matters.
There are some differences though. The Civil Partnership Act specifically states that there will not be any religious activities allowed during the registering of the union. There is no provision for a ceremony in the Act but a couple can approach the institution responsible for the registration as to whether a ceremony can take place.
Same sex couples cannot enter into a civil partnership just anywhere and have to attend one of the designated civil partnership venues in the country. Venues such as hotels, country manors and other prestigious buildings are all likely to host a civil partnership.
In order for a civil partnership to take place, it is necessary that the couple visits the institution chosen where they will have to give notice of an intention to enter into a civil partnership. There is a fifteen day official notice period which has to be abided by before the civil partnership can be registered. Two witnesses are also required.
The registration has to be signed by the parties to the union as well as the two witnesses.
After the registration has taken place, a package will be presented which highlights the responsibilities of the partners. The civil partnership becomes legal only after the registration is signed.
It should also be noted that both parties have to be at least 16 years of age at the time of registration. If either party is between the ages of 16 and 17, then written parental consent has to be sought.
Adamsons Law solicitors will advise you on all aspects of civil partnerships rights so you are fully prepared as to what the union pertains. Call us now on 0161 694 2750 to arrange an appointment and discuss this further.
If you and your partner are going through a separation or divorce and you have children together then you will naturally want to ensure that your children's best interests are taken care of and that they are exposed to as little disruption as possible. At Adamsons Law our experienced legal team will help you through this difficult time. Divorces can sometimes get quite awkward where a husband and wife will be anxious to maintain their existing parental rights. We work with both sides to affect a fair and positive outcome with the focus on the children.
Family law is a particularly sensitive area and we always adhere strictly to the child protection act. Children have to be protected whether the parents have decided to spit up or not. All legal professionals place a priority on human rights for children. This is more so given the high profile cases over the last few years involving the mistreatment of children by their parents. Fortunately the majority of parents are caring and loving of their children and we work with them to get a positive outcome. Solicitors at Adamsons Law work closely with social services and the children's law centre so as to ensure that all procedures are followed and no stone is left unturned.
At Adamsons Law we know that putting your children first is your priority so our legal team will support you in achieving this in every way possible. All our team is committed to providing you with the highest levels of service. We realise that going through a separation or divorce can be a traumatic time and where there are children involved, it can often increase your stress levels. We will deal with your enquiry with sensitivity, professionalism and efficiency.
Domestic violence is a crime experienced by one in four women over their life time. In fact, latest statistics reveal that two women are killed every week by their partners or former partners. This is a crime which worryingly is happening more and more. The vast majority of incidents involve domestic violence against women by a male partner but in some instances, men are the victims. Indeed the legal profession has seen an increasing number of cases involving domestic violence against men. Victims of domestic violence may feel embarrassed or scared to report the crime. They may even feel that things will get better and consider a slap or a punch as a one off. This is rarely the case and people have lost their lives as a result. Adamsons Law can assist you with the upmost urgency. There are many legal avenues we can take in order to protect our clients against domestic violence abuse. If there is imminent danger, then your first action should be to call the police. In the longer term, it is advisable to contact a solicitor. Adamsons Law can help you obtain a court injunction. This is a legal power which orders an individual to perform or restrain from performing a certain act. You can ask the court to order an injunction asking a violent partner to leave the home you share. Even if you do not share a home, an injunction will require the violent partner stay a certain distance away from you and refrain from contacting you as set out by the court. In most cases, a court injunction will be granted if it can be demonstrated that you are at risk of more violence from your partner.
Even if the courts cannot help you then we may be able to get help for you via the Protection from Harassment Act 1997. Call our expert team at Adamsons Law on 0161 694 27501 for a free initial consultation. Our domestic violence helpline is available 24/7 and we will help you immediately. We know that this is a difficult experience for you and we will handle your enquiry with sensitivity, speed, efficiency and above all with professionalism.
Cohabitation rights - Many unmarried couples who live together are under the mistaken belief that they have the same rights as married couples. However this is not the case and there is no such thing as a common-law wife or husband. Married couples and couples who enter into a civil partnership have legal rights surrounding the distribution of assets after the end of the relationship. If however you are cohabiting, you will be treated as if you are an individual and not as a party to a relationship, no matter how long you have lived together or whether you have children together. When your relationship ends, or when you or your partner dies without leaving a will, there will not automatically be an equal division of your assets. In effect any co- habitation rights are ignored. This can mean that one partner is left ruined both financially and emotionally as they have no recourse to claim what is morally theirs. This is why it is important to have a cohabitation agreement drafted. As long as both parties sign the document, it will constitute a legally binding document. This will ensure that the interests of both parties are looked after. Without the presence of a cohabitation agreement, the partner who has no legal evidence of ownership will find it very difficult to argue their case.
The agreement will address this issue because it will highlight who is entitled to what in terms of who pays the bills and who owns which parts of the shared home. This is important as only one partner may have their name on deeds at the Land Registry even thought they both equally contribute to the mortgage and other domestic bills.
Adamsons Law have a team of professionals who can help you with everything involved in drawing up an agreement. We have a wealth of knowledge and expertise when it comes to cohabitation law. For more advice on this make a call to our expert team on 0161 694 2750 for a free initial consultation. Our team will deal with your query with sensitivity, efficiency and above all professionalism.