Havering Solicitors

Can non-biological parents acquire parental responsibility ?

This question is particularly relevant for step-parents of children.  The simple answer is yes, others can acquire parental responsibility where all those currently with parental responsibility agree.

Do pre-nuptial agreements have legal effect in England and Wales ?

Traditional legal doctrine dictates that pre-nuptial agreements are  not binding and cannot be relied upon in disputes over matrimonial property.  However, the law has a habit of adapting to the environment in which it operates in and as more and more people have started using pre-nuptial agreements, the courts have become increasingly accepting of them.  You should, however, bear in mind that if you circumstances have drastically changed over the course of the marriage (for example, the birth of children), in all likelihood you will not be allowed to rely on the agreement.  For this reason, pre-nuptial agreements may be relevant where the marriage is relatively short.

Can I start divorce proceedings on the basis of unreasonable behaviour or adultery committed by myself ?

When applying for a divorce, the grounds of unreasonable behaviour or adultery cannot only be used by the petitioner against the respondent.

I have been married for 6 months.  Can I get divorced ?

The simple answer is no.  You have two choices: you can either wait another 6 months to start divorce proceedings (12 months of marriage is the minimum required for divorce) or start judicial separation proceedings.

What is a separation agreement ?

Separation agreements are used by couples who have decided to separate in order to settle matter relating to finances, children and housing.  Whilst the content of agreements can vary, generally provisions regarding where children will live, access, maintenance, living arrangements, splitting equity in the home, debts, bank accounts and pensions will be included where relevant.

Can separation agreements be relied on in the event of disputes regarding children or matrimonial property ?

If the agreement is properly drafted by a solicitor and the circumstances of both parties have not drastically changed, separation agreements can be relied on in legal disputes.

I am having a dispute with my former partner regarding child maintenance.  Who is ultimately responsible for resolving the issue ?

The Child Support Agency is responsible for settling disputes regarding child maintenance and will use its own guidelines when deciding on the appropriate amounts of maintenance to be paid.  If you attempt to resolve a dispute through more informal means, there is a maintenance calculation tool on the CSA website that will provide you with a guide as to how much should be paid.

Can grandparents apply for contact orders ?

Whilst grandparents do not have an automatic legal right to see grandchildren, they are entitled to apply to the courts for a contact order, which will dictate the terms on which grandparents are allowed to maintain contact with their grandchildren.  The courts generally value the role that grandparents play in children’s lives and may ask a family reporter to compile a report describing the contact you were allowed prior to the divorce and the general relationship you share with your grandchildren.

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