The Radshaw Family team has a vast range of experience across various areas of Family Law. Relationships play a big part in everyone’s lives and we play a fundamental role in resolving family disputes for our clients, whether they are at the beginning of a relationship or the end.
We will guide you with sound legal advice, acting in your best interests and in the interests of any children involved.
When you experience difficulties in your private and family life, our Family Law Solicitors can help. We offer a compassionate approach to resolving family disputes because we understand how stressful it can be.
Our Family Law experts provide tailored, individual advice across a broad range of areas concerning relationships, children and agreements. The breadth of our family services means we have a wealth of experience to draw on, which forms our understanding of what are often complex and difficult situations.
We offer legal advice to help you decide the best approach for you. Whether you are entering a legal agreement with your partner or your relationship is breaking down, our Family Law Solicitors can work with you and offer comprehensive advice. When children are involved, we are always sensitive to both their needs and yours as a parent or guardian.
We act in your best interests and deal with family matters in a pragmatic and non-confrontational way. We always consider whether an agreement can be reached between parties, through mediation or other means. This cost-effective approach means that our clients can often avoid the uncertainty of going to court and is considered best practice.
Not all family disputes can be resolved outside of the court room. Where mediation is not an option, we work hard to achieve a fair solution as quickly as possible. Our Family Law Solicitors offer guidance, support and legal advice throughout proceedings so you can concentrate on the well-being of you and your loved ones.
We specialise in the following areas:
- Divorce and Relationship Breakdown;
- Financial Settlements;
- Pre-nup and other Agreements;
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Very rarely. In general, any financial settlement should be fair and give priority to the welfare and needs of any children. Behaving badly or committing adultery does not affect this. Behaviour may, of course, affect any agreement over who looks after any children and what contact is allowed.
Extreme behaviour may be taken into account, for example, if one partner’s violence has had a lasting effect on the other. If one partner recklessly or deliberately sabotages the financial position, for example, by spending recklessly or destroying assets, this could also be taken into account.
There is no reason why a man should not be able to claim maintenance, for example, if the woman is a high-earner. A fair settlement should take into account the same factors regardless of gender.
If you remarry without having reached a financial settlement with your former spouse, you may lose the right to make any financial claim against them. He or she will still have the same right to make a financial claim against you as before. See our guide for further information.
In many cases, yes. For example, a spouse who would have paid maintenance to the other can instead agree to transfer an appropriate lump sum and/or other assets. Of course, this may not be possible if sufficient assets are not available.
Once a ‘clean break’ agreement of this kind has been ratified by court order, neither of you will be able to go back to court in the future to ask for maintenance or further transfer of assets. This gives both partners a much greater degree of certainty and allows them to completely disentangle their individual financial affairs.
However, it is not possible to agree a ‘clean break’ in respect of your obligation to provide maintenance for your children.
You may be able to negotiate agreement among yourselves, without lawyers. However, if there are significant assets involved, it is worth taking legal advice to make sure that your interests are being protected.
In any case, once you have reached agreement you should ask the court for a consent order.
Any settlement, if it is to be binding, will require both partners to give full disclosure of their respective circumstances.
Reaching a financial settlement is a separate matter. How long this takes depends very much on your relationship with your spouse and the complexity of your financial affairs.
While negotiating a financial settlement you each use – and are responsible for paying – your own lawyer. As part of the settlement, however, one of you might negotiate that the other should pay part or all of their legal fees.
You can keep your legal fees down by agreeing as much as possible among yourselves. Fees can mount up if hostile spouses insist on conducting all negotiations through lawyers while arguing over trivial details.
Yes. However, a family business is often looked at as something which produces an income – that can be used to provide maintenance – rather than just as an asset to be shared or sold. See our guide for further information.
Assets held overseas can be taken into consideration in the same way as any other assets.
Usually yes. When you get divorced, your former spouse is automatically excluded from your will as either a beneficiary or executor (this is not the case if you have merely separated). Unless you draw up a new will, this can have undesired consequences.
For example, your original will might have been drawn up on the assumption that your spouse would take care of the children using the money left to him or her.
With the former spouse excluded from the will, you might now want to arrange an appropriate trust to hold the inheritance for the children. More broadly, you may want to alter the way assets are shared among the various beneficiaries.
If you want your former spouse to continue to be a beneficiary, you must draw up a new will. In some cases, the financial settlement you agree when you divorce may require one or both of you to make provision in your will for your former spouse and any children. This might be appropriate, for example, if you are paying continuing maintenance.
If you wish to discuss drafting a Will contact us on 0333 3445 548.