What Types of Family Law Cases Do Family Law Solicitors Deal With?

Family law is one of the few areas of law that most people will need at some time in their lives. Whether you’re starting a new relationship, ending one, or there’s a change in the dynamic of your family, knowing your legal rights is key to protecting yourself. That’s why family law solicitors deal with all types of family law cases.

Every family law case is different, which is why it’s important that you obtain legal advice as quickly as possible so that you can make informed decisions. Everything from a change in relationship status to children, conflict and abuse, health, inheritance, money, and property can trigger an immediate need for legal advice.

Solicitors that specialise in family law can advise and support on all kinds of family and relationship issues. That said, there are different areas of family law advice. Here’s a closer look at the different types of family law cases that family lawyers can assist you with.

Types of family law cases

Dispute resolution

It’s a common misconception that family solicitors only become active when cases are on their way to Court. That’s not true. Not all cases need to go to Court, and Court should be a last resort for resolving any family dispute.

From the outset, a family solicitor can help you to resolve a dispute privately and flexibly, keeping your case out of the Courts. This can be done by giving you legal advice while you correspond directly with your opponent or attend mediation.

If an agreement is not reached through Alternative Dispute Resolution (ADR), we can explore other non-Court options with you.

Holland Family Law is a member of Resolution, which promotes a constructive approach to family issues that considers the needs of your whole family. This approach helps to keep many family disputes out of the Courts, saving you money and further emotional turmoil.

Divorce, dissolution and separation

Ending a relationship is hard. A family solicitor can advise you of your options, even if you’re not yet ready to formally start the divorce, dissolution, or separation process.

Since the introduction of no fault divorce, the process has become less complex. There are now four stages to divorce or dissolution:

• The divorce application – which can be done as a sole or joint application.
• The acknowledgement of service – where the Court sends an application and documents to the other party to confirm that they have received the application, and to state whether they agree to or contest the divorce.
• The conditional order – the interim stage of your divorce, which you cannot apply for until a 20-week holding period has lapsed. The holding period is typically used to discuss and deal with your finances.
• The final order – This officially completes your divorce/dissolution but should not be applied for until you have settled your finances. You will be unable to apply for this order until 6 weeks and one day from your conditional order.

Financial arrangements

A family lawyer can support you with financial arrangements, helping you to negotiate and resolve matters relating to your assets, income, and any other financial arrangements between you and your former spouse or partner in an amicable way.

Whether your financial situation is complex or straightforward, a family solicitor can advise on matters involving high net worth (HNW) or ultra-high net worth (UHNW) individuals, trust funds, complex estates, inheritance, pensions and offshore assets.

Holland Family Law can help with cohabitation agreements and pre-nuptial agreements too.

If a financial agreement cannot be agreed, a family lawyer can advise and guide you through your options and assist with applying for an order or starting proceedings.

The orders available to you under this area of law tend to be:

• Financial Remedy Orders – including Clean Break and Consent Orders
• Pension Sharing Orders
• Property Adjustment Orders to transfer or sell property
• Maintenance Orders
• Periodical Payment Orders
• Lump Sum Orders

Child arrangements

Family law cases involving children can be emotionally charged but when ending a relationship you will need to make decisions about where your children will live, the amount of time they will spend with each parent, the school they will attend, what their religious upbringing will be, changing their name, and any medical treatments they can undergo.

Where possible, it’s best for both parents to reach an agreement between themselves or through mediation, in which case, a family solicitor would offer legal advice in the background. If an agreement cannot be reached, Holland Family Law can assist you via correspondence with the other party’s solicitor.

The Holland Family Law team can help to negotiate a parenting plan or agreement. As a last resort, we can advise on starting Court proceedings.

The order available to you in this area of law, include:

• Child Arrangement Orders
• Specific Issue Orders
• Prohibited Steps Orders

Please note that in family law, the terms ‘custody’ and ‘residence’ are no longer used. Instead the Court can issue an order regulating who a child ‘lives with’ and ‘spends time with’.

Domestic abuse

Unfortunately, more and more family cases involve domestic abuse. If you have suffered domestic abuse, a family solicitor can advise you on the protective measures available to you. This helps to keep you, and your children, safe.

Depending on how urgent your situation is, a family lawyer can first help you by issuing a warning letter on your behalf to the other party.

If that’s not enough, Holland Family Law can offer advice and assistance to obtain an injunction via the Family Court.

The different types of order available to you, include:

• A Non-molestation Order, which protects you and your child(ren) from abuse
• An Occupation Order, which regulates who can live in the family home and/or who lives in which part of the property.
• A Prohibited Steps Order, which stops a parent exercising their parental responsibility in relation to a child. For example, collecting a child from school or removing them from the other parent’s care.

Grandparents’ rights

Family law isn’t solely focused on nuclear families. If you’re a grandparent seeking legal recognition and access to your grandchildren, a family lawyer can advise and assist you with the legal process.

Family Courts do take into account the vital role that grandparents play in the lives of their grandchildren, which is why it is very rare that the Courts would prevent grandparents from seeing their grandchild(ren), unless there’s evidence of abuse or violence.

Currently, UK family law only allows those with parental responsibility for a child(ren), such as parents, step-parents or guardians, to file a Child Arrangements application for a time spent with Order for the right to see their child(ren).

Grandparents’ rights differ in that they first have to ask for permission from the Family Court to apply for such an Order, in which case the Court will consider the following:

• The reasoning behind an application for contact
• A grandparent’s connection with the child(ren)
• The risk of harm to a child(ren) as a result of such an application

Should the Family Court grant grandparents permission to file a Child Arrangements application, they can do so through the Court, potentially enabling them to gain the right to see their grandchild(ren).

Because grandparents’ rights in the UK are extremely limited, if a case requires a full hearing, it’s crucial that grandparents have access to quality legal advice. That’s where Holland Family Law comes in.

We can help you with applying to the Courts for permission to file an application for a Child Arrangements Contact Order and our team of Leicester family lawyers can provide you with the specialist legal advice you need to help persuade the Courts why the role you play in your grandchildren’s lives is invaluable.

However, where possible, we will always encourage parties to try and resolve access rights outside of the Courts. We appreciate that this isn’t always conceivable, in which case we would work with grandparents to pursue the right to see their grandchildren as amicably as possible to ensure the most satisfactory outcome.

It’s worth noting that the Courts will always be sympathetic towards grandparents, provided that you have a close bond with your grandchild(ren), so pursuing access rights – with the correct legal advice – is always worthwhile.

Holland Family Law helps with all types of family law cases

This is just a snapshot of the types of family law cases that solicitors can handle. If you need advice but you’re not sure if a family solicitor can help, it’s worth booking your FREE, initial 30-minute consultation call with Holland Family Law.

The call is an opportunity for you to tell us about your situation, and for us to listen and determine how we can help you.

Schedule your FREE, 30-minute consultation now. Call 0116 436 2170, email claire@hollandfamilylaw.co.uk or use or quick, convenient online contact form.