Family Law

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A family law barrister can provide legal advice and representation throughout any family law proceeding. Such proceedings can often be stressful and emotional experiences and a family law expert can be the difference between success and failure. There are a range of different types of family law applications that can be made and our family lawyers can assist in advising on what type of application is correct, issuing the application, preparing witness statements, drafting court forms, preparing court bundles, court advocacy, drafting family law orders and applying for enforcement. At Kings Cross Barristers, we can provide legal advice and representation in the following family law applications:

 

Children

Our family law barrister can provide expert legal advice and representation relating to children, including contact proceedings, financial arrangements and parental responsibility. These applications are often the most stressful for individuals to cope with independently without a family law lawyer, however our family law barrister has experience in all types of application relating to children and can help achieve a positive outcome for you and your children. We can represent you in an application under the Children Act 1989 for a Child Arrangements Order. These applications will often involve the production of a report from CAFCASS and proceedings will address issues such as where your child will live during weekdays and weekends, during term time and holiday time and how much contact they will have with the other parent. Under Schedule 1 of the Children Act 1989, you can apply for a financial remedy for your child if the other parent is not providing sufficient financial maintenance. Again, our family law barrister can provide representation throughout these proceedings including at the First Appointment, Financial Dispute Resolution Hearing (FDR) or Final Hearing.

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Prohibited Steps Order 

A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents a parent from being able to independently remove the child from the country or even the area where they currently live. This is particularly relevant where one parent is a foreign national or lives and works abroad. This order can also prevent the child from being sent to a school which the applicant parent believes would not be in their best interests. Any of the acts subject to the order would not be allowed without the express permission of the other parent or the court.

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Divorce and Separation

A divorce may be necessary if there is irretrievable breakdown in a marriage. When this happens, there are many issues that may need to be considered. Our family law barrister can provide advice on options such as Separation Agreements which set out detailed arrangements for finances, children and any potential future divorce proceedings. If a divorce application is necessary, it will be necessary to complete a D8 divorce application which requires a statement of facts to be drafted. Our family law barrister can assist in preparation and service of this application. Upon applying for a divorce, a court will first declare a decree nisi followed by a decree absolute. In some circumstances, the divorce can be contested by the other party, in which case it may be necessary to attend a court hearing in order for a judge to be satisfied that a marriage has reached irretrievable breakdown. Our family law barrister can provide the detailed expert advice needed in these circumstances.

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Financial Remedy

Upon divorce, there are often disagreements relating to finances. A family law barrister is able to provide advice and representation relating to financial and property matters. Our barrister can provide advice on issues such as maintenance, the former matrimonial home, debts, loans, pensions and other assets. Our family law barrister can assist in drafting and serving relevant court forms including Form E in which each party’s financial status is disclosed. We can provide advocacy at court including at the First Appointment, the Financial Dispute Resolution Hearing (FDR), or at a Final Hearing.

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Domestic Violence

Our family law barrister has experience in dealing with matters involving domestic violence and helping to ensure that individuals are protected from further violence.  We advise and represent on applications including non-molestation orders which prevent an ex-partner from having contact with you and occupation orders which ensure your right to reside in your home. Such applications are often highly stressful for the party making the application and having an expert barrister can advise and represent on obtaining a remedy in the smoothest way possible, which may include advice on relevant support agencies and police assistance.

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Non-Molestation Order

Non-molestation orders aim to protect the victims of domestic violence. The term “molestation” is not specifically defined but may include violence, threats, intimidation and harassment. Our family law specialists can help you navigate what can be a difficult and emotional process. These orders are normally for a specified period. They can be renewed, or they may be made ‘until further order’. A non-molestation order carries the power of arrest and the penalty for breaking the order can carry a sentence of up to five years in prison.

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