Family Matters

Sadly, not all marriages endure the test of time and when a relationship breaks down, it may be necessary to seek legal advice to assist with dissolving the marriage or to obtain a Decree of Judicial Separation.

J. W. Hughes & Co offer a caring and understanding specialist service to help ease the pain of marriage breakdown. Philip Kentish, our Matrimonial Partner, heads a team of experienced lawyers, trained to negotiate matrimonial settlements but who will also contest those issues that cannot be resolved in a fair fashion by discussion alone. He is a member of the Law Society Advanced Family Panel and the Law Society Children's Panel.

If there are children under eighteen years of age, the Court must be satisfied that proper arrangements have been made for their welfare. A fair division of the family assets, including the matrimonial home, must be worked out. In the majority of cases, this is achieved by negotiation between solicitors and agreement between the parties.

We emphasize negotiation and agreement rather than conflict and confrontation.

Children

If there is a dispute concerning children, it was always better to conciliate rather than to litigate and mediation should be considered at a very early stage. The Court takes a non-interventionist approach and would hope that parents were able to agree arrangements concerning the children. The Court would only make an order if they felt that an order was better for the child or children rather than no order at all. When considering what order to make, the Court's paramount consideration would be the welfare of the children and they look at a number of other aspects which are generally referred to as the welfare check list.

Parental Responsibilty

Parental Responsibility is defined as the duties, powers, responsibility and authority which by law a parent of a child has in relation to the child and his/her property. Parental responsibility automatically acquired by married fathers and unmarried fathers where birth of child registered with father's name on or after 1 st December 2003.

Mediation

Mediation is the process by which both parties in a divorce or separation meet with a neutral Mediator and attempt to reach settlement of their disputes. Mediation is often less acrimonious and can save legal costs.

We could provide the client with details of approved Mediators in the area. The client could have the option of seeing the Mediator either on their own or with the other party in the first instance.

If the client wished to apply for public funding in respect of a dispute, finance or concerning children. Then generally speaking they will be expected to try mediation first. Explained however that there were exemptions. For example, if there had been a history of domestic abuse they would not be expected to attend mediation. The Mediator would be expected to provide the client with an appointment within 14 days, and again if there was no Mediator available or they could not comply with that time limit, or indeed either of the parties were impaired in someway in attending, then they may be exempt from attending mediation before applying for public funding.

Statutory Charge rules (as explained) do not apply to any work which is undertaken under the legal help scheme whilst mediation is taking place.