Many people in the UK will need legal assistance, advice or representation at some point in their lives. Often this involves family matters, including divorce, separation and children. Family law court cases are prevalent in the UK, with over 250,000 starting last year. For all family law cases, seeking advice from a family law solicitor is crucial for the best outcome.
But what does a family law solicitor do? Potentially, more than you think. With high divorce rates in the UK, many of the cases that family lawyers advise on include separation and finances. But family solicitors also deal with an array of other legal issues that can affect families. This includes issues concerning children, drafting legal documents and creating agreements between couples.
If you’re considering seeking advice from a family law solicitor, it’s essential to learn more about what they do. Knowing how a family lawyer can help you will ensure that you find the right one for your circumstances. At KMJ Solicitors, we do all we can to assist our clients in all circumstances and that’s why we’ve put together this guide to family law. It covers everything you need to know about family solicitors and how they can help you.
What is Family Law?
Family law regulates family relationships, including divorce, separation and child law. It encompasses a wide range of situations that affect personal and family life. The purpose of family law is to lay out and protect the rights and responsibilities of everybody involved. It’s a framework that provides a legal basis to achieve fair resolutions.
Due to the personal nature of family matters, it can be an emotionally charged area of law. Often cases will involve parents and couples in dispute. Family law cases can include:
- Financial disagreements following a breakup
- Parental disputes about a child’s upbringing
- Issues concerning arrangements for the children
- Child abduction
Family lawyers are experts in all areas of family law and provide specialist advice. But alongside this, they are adept at handling personal and sensitive situations and subjects.
What Do Family Law Solicitors Do?
Unsurprisingly, family solicitors are specialists in all areas of family law. This involves assisting with negotiation and mediation alongside representing clients in family court. Family solicitors can advise on a range of situations, including:
- Divorce and separation
- Financial settlements
- Spousal and child maintenance
- Parenting arrangements
- Mediation
- Prenuptial and postnuptial agreements.
But alongside being legal experts, family solicitors assist with other aspects of family law. This includes providing advice and emotional support throughout potentially lengthy cases.
The capacity to provide both legal and emotional support separates average family lawyers from good ones. A good family solicitor will take the time to listen to you. They will ensure that they understand every detail before they take any action. Once they know your circumstances, they will work out the best course of action for your case and your wellbeing.
At every stage of your case, your solicitor will take the time to explain their recommendations and ensure you have the support you need. They will also break down the legal costs throughout to avoid unpleasant surprises.
Family Solicitor Areas of Expertise
There are three main areas of family law: matrimonial, child law and finance. Our solicitors at KMJ Solicitors, are experts in all types of family law.
Most family lawyers will use their expertise to resolve disputes outside of court. This minimises any emotional toll legal matters can have on a family unit and speeds up the process. But if they cannot find a fair solution, a family lawyer will represent clients in family court.
While there are many nuances to family law, all good family solicitors are experts in the following six areas:
Divorce, Separation and Civil Partnership Dissolution
Divorce and separation can be incredibly stressful. Alongside dealing with the emotional toll, both parties need to think about legal proceedings. Every divorce or separation is unique and needs advice tailored to the circumstances. Separation cases can involve high-net-worth individuals, children and the splitting of assets.
Family law solicitors have experience in all areas of divorce and separation and can provide legal advice for all situations. A good family lawyer understands that separation can be complex and stressful. Before taking any legal action or recommendations, they will understand the case entirely. Once they know the circumstances, they will outline their client’s legal rights and advise on the best way to proceed.
Domestic Violence and Abuse
Domestic abuse comes in many forms. While it’s often physical, it can also be emotional, verbal, financial and sexual. Victims of domestic abuse are often unsure of how to proceed and protect themselves. A family law solicitor can help victims by advising them on protecting themselves legally.
There are several ways a family solicitor can help to protect their clients from domestic abuse. This includes arranging a civil court order (injunction) to ensure the perpetrator stays away from the victim or victims.
Child arrangements and Parental Responsibility
Child arrangements and parental responsibility can be challenging during a separation. While some cases have a simple resolution, many can become complex.
In many cases, parents agree to share care of the children, but in more complex cases a family law solicitor can help parents come to a fair agreement.
If parents cannot agree outside of court, a family solicitor will represent their client in court.
Prenuptial Agreements
Many people have property, assets or savings before they get married. To protect these, a couple can choose to create a prenuptial agreement before tying the knot. A prenuptial agreement is a contract that both parties sign and agree to before marriage. It sets out what will happen to each party’s individual assets in the event of divorce or death.
Prenuptial agreements can be a challenging topic for couples to approach. Some couples feel that planning for a potential separation at the start of a marriage is not the best way to begin their lives together. A family law solicitor can help create an agreement without negatively impacting relationships.
Cohabitation Agreements
A cohabitation agreement is reasonably similar to a prenuptial agreement. The big difference is that a cohabitation agreement is for unmarried couples who live or plan to live together. Unlike married couples, people who live together have no automatic legal protection if their relationship breaks down or one partner dies. A cohabitation agreement helps protect both parties should the worst happen.
A family law solicitor can draw up a cohabitation agreement that will give both parties peace of mind. The contract can cover a range of areas, including:
- Assets
- Savings
- Property ownership
- Household bills
Alternative Dispute Resolution: Mediation and Arbitration
While family lawyers are available to help clients with divorce, separation and disputes, they can also help clients ensure it’s the correct choice. If a couple is having relationship difficulties, family solicitors can arrange mediation. Mediation allows couples to air grievances formally and reach a compromise. Mediation can be used in all areas of family law, including child custody disputes, separations and prenuptial agreements. At KMJ Solicitors we have two qualified mediators who can help you work through the issues to find an agreeable solution for both of you.
In cases where a compromise or agreement can’t be reached, arbitration is an option. Arbitration takes the decision away from the parties and gives it to an arbitrator. An arbitrator is an independent party that considers the circumstances and evidence and decides what to do. Family law solicitors can help their clients choose if arbitration is the correct choice for them. One of the key benefits of arbitration is that it provides a definitive outcome, and both parties can move on. Similarly with financial matters we can consider the benefit of a private FDR with you. All of these options aim to help you avoid court, minimise costs and reach an amicable agreement.
Do you want to find out how a family solicitor can help you? Get in touch with a member of the KMJ Solicitors team today for an initial consultation. For more information about family law, explore more articles from our team.
