Family Law

Since April 2022, the Old Divorce Law has been replaced with the new No-Fault Divorce law, where the only ground now required for Divorce is 'irretrievable breakdown' in that your relationship cannot be rectified. The new No-Fault Divorce law was established to enable the Divorce process to be more accessible.

The usual Divorce process involves three steps:

1. Submission of the application and the response from the other party;
2. A 20-week holding period, which is typically used for resolving finances and obtaining a Conditional Order;
3. The Divorce process is brought to a conclusion by obtaining the Final Order of Divorce granted by the Court.

Divorce can be extremely stressful, but please rest assured that we can assist you with the entire process including making representations on your behalf and ensuring that support is available to you.

It is usual to resolve financial matters during Divorce proceedings. Once the Divorce is finalised, your claims regarding finances may change.

The main process for resolving finances upon Divorce involves:

• Completing and exchanging a financial disclosure form, known as Form E. This form provides the other party with an overview of your financial assets, accompanied by relevant documentation.

• If the parties are still unable to reach a financial settlement following the exchange of financial disclosure, it may be necessary to apply to the Court to initiate Court proceedings, allowing the parties to take advantage of a structured timetable.

Financial remedy proceedings aim to obtain an agreed Consent Order between both parties for the division of financial assets upon Divorce.

If you need assistance or advice regarding the Divorce and financial process, our friendly, experienced team at KMC Legal is here to support and guide you throughout.

Child arrangement matters, also known as child custody issues, involve decisions relating to the living arrangements, upbringing, health and wellbeing of a child, following the separation of their parents.

Courts will usually consider the 'Welfare Checklist', as set out in The Children Act 1989, to assist in their decision as to what arrangements will be in the best interests of the child. The factors considered include:

• The child's age, sex and background;
• The child's physical, emotional and educational needs;
• The likely effect of any change in circumstances;
• The child's wishes and feelings in light of their age and understanding; and
• The capability of the parents in meeting the child's needs.

Child arrangements are usually resolved through negotiation between the parties, either by way of mediation or correspondence via Solicitors. Should matters not be resolved outside of Court proceedings, then a Court application will need to be made for a Final Order to be awarded.

KMC Legal are here to help resolve matters as amicably and cost effectively as possible, and aim to handle your matter with due care and sensitivity.

An injunction is a Court Order that requires an individual to do or refrain from doing specific acts. These Orders are designed to prevent harm, resolve disputes and address urgent and ongoing issues, while offering protection and relief to those in need.

Injunctions can be categorised into different types, such as:

• Restraining Orders:- a short term measure to prevent immediate harm;
• Non-Molestation Orders:- a legal protection mechanism, over a longer period of time, to ensure the safety and wellbeing of those who have been victims of abuse; and
• Occupation Orders:- an Order to regulate who can live within the family home or access certain parts of it. This does not change the ownership of the property but can restrict or enforce rights to live in the home.

Our aim is to provide you with the necessary knowledge and understanding to navigate the complexities of Injunction Orders. Our team can effectively assist in drafting applications to ensure that your safety and protection is the utmost consideration.

We understand how important it is to have support and guidance in regards to progressing your Family Law case. Whilst we do not offer Legal Aid funding for Family Law, we want to reassure you that we are committed to providing high quality legal services at a reasonable price.

Please see below our fees for Family Law cases for your reference:

• Divorce (Applicant Case):- We offer a fixed fee rate of £1673 which includes VAT and the Court fee of £593.

• All other work, including Divorce (Respondent Case), Finances, Child Arrangement Matters and Injunction Orders, will be charged at our hourly rates as found in our Terms of Business on our website. A payment on account of 3 hours plus VAT is required to commence immediate work on your file.

We believe in transparency and will work closely with you to understand your specific needs and tailor our services accordingly. Our team is here to discuss any concerns you may have about fees and explore options that may be available to you.

Please feel free to contact us at your earliest convenience to schedule a free 30 minute consultation. Here we can discuss your case and provide you with a clear understanding of the costs and the next steps involved in your case.