Family law legal advice

 

Family law is a complex area of law and deals with emotive issues. As such it is essential for you to know what your rights and responsibilities are. A family law solicitor can help your situation by providing you with accurate family law legal advice that will enable you to decide on the best course of action whatever your circumstances.

There is no strict definition of family law legal advice. It is usually seen as advice on the law that governs relationships between children and parents, and between adults in close emotional relationships. Common questions which our family law solicitors are asked are:

On what grounds could I issue a divorce petition?
Under the Matrimonial Causes Act 1973 there is only one ground for divorce and that is that the marriage has irretrievably broken down. A party must prove irretrievable breakdown by relying on one of five available facts being adultery, desertion, unreasonable behaviour and separation for a period of either two years (if the other party consents) or five years (no consent required). It is always best to obtain the necessary evidence or consent from the other party from the outset. This is in order to save costs and time.

How do we decide what level of maintenance I should pay for my child?
First of all it is best to try to agree the level of child maintenance if at all possible. If no agreement can be made then the only course of action is to make application to the Child Support Agency (CSA) for an assessment. The court does not become involved in disputes over child maintenance. The basic CSA criterion is 15% of a parent's net income for one child, 20% for two children and 25% for three or more. However the position is more complicated for those seeking to reduce the amount payable. Child maintenance levels can also be agreed as part of a financial settlement upon separation.

If you would like to obtain some family law legal advice, then Caven can put you in touch with local specialist family law solicitors free of charge. Please call us at 08001 221 2299 or complete the web-form above.

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