|
 |
 |
 |
 |
 |
 |
 |
|
FAMILY LAW IN Divorce and separation are rated as one of the most stressful instances in a person’s life – both financially and emotionally. You have to decide issues such as what is to happen to the children, the home, any capital or savings, and whether there should be ongoing financial support. As your marriage has broken down, often your trust in each other is at an end and you have both become suspicious and mistrusting of the other. You are venturing into unknown territory. Obtaining good legal advice at the outset is vital to help you identify the issues and to assist you to remain focused and objective. We aim to help you achieve the most favourable outcome and will do everything we can to minimise stress and provide practical support in a mutually trusting relationship.You need to be able to move forward positively and take control of your life. The Law Most matters relating to children are now covered by the Children (Guernsey and Alderney) Law 2008, whilst other domestic proceedings in the Magistrate’s Court are regulated by the Magistrate’s Court ( Affiliation Orders may be obtained in the Magistrate’s Court in respect of a father’s obligation to maintain children under the Affiliation Law 1927. Reconciliation Reconciliation is an attempt to explore the possibility of saving the marriage; it should be the first approach and every effort should be made by both parties to save the marriage if at all possible. There are various agencies who can give advice on reconciliation such as Relate. Children's stability is nearly always affected, no matter how responsibly their parents behave. Mediation Once parties have agreed to separate, consideration should be given to the possibility of mediating your own settlement. Mediation is effectively a way of negotiating an amicable solution with the help of a mediator. The mediator helps you to sort out your own solution to the problems from the breakdown of the marriage. Mediators do not give legal advice and couples attending mediation should generally be receiving legal advice in tandom. We can offer mediation services. Counselling Private counselling sessions can be invaluable to help you to come to terms with the changed circumstances arising from a separation/divorce and the period of mixed emotions you are currently facing. We can put you in touch with an appropriate counsellor. Divorce The ground for divorce is irretrievable breakdown of the marriage as evidence by one or more of the following facts: (a) Adultery (b) Unreasonable behaviour (c) Desertion for two years (d) Two years separation with consent (e) Five years separation with consent These are the same facts required to obtain a judicial separation, which is an order that parties are no longer obliged to live together. It is however also possible to obtain a separation by consent (which does not necessitate any finding of fact), but only if you can agree the terms to be incorporated into the agreement. Upon divorce or judicial separation, there are various matters that need to be considered by the parties or resolved by a court: Children Will you continue to share parental responsibility for your children? Who is to have the residence of the children and how is contact to be shared? Is shared parenting the way forward for you? The current trend in this rapidly changing field certainly seems to be leaning towards the child spending significant amounts of time with both parents. It is important to minimise the stress caused to children by the separation of their parents and minimise the conflict for them, because this can have lifelong consequences. We can offer practical support and advice in this field. Finances How are the assets to be divided? Does it matter in whose name the assets are held? Will you be entitled to ongoing financial support? What happens to your pension? What is to happen to a family business? These are just a few of the worrying questions that we can answer for you. The major family asset is often the family home. The law strives to achieve homes for both parties. Sometimes this can be impossible due to the family’s limited financial circumstances and the high property prices in The distribution is carried out using a balancing exercise of reasonable needs against available resources with the first consideration being given throughout to the children of the family. The overriding aim is fairness. Clean Break Whilst modern practice is in favour of a clean break with regard to spousal maintenance to allow both parties to start afresh, this is only an option if it would not cause “undue hardship” to the financially weaker party. Where there are young children, a clean break is unlikely. Where there is no clean break, a maintenance order is often obtained against one party (usually the man). This is calculated bearing in mind reasonable needs balanced against available resources. Both parties have a duty to financially support their children. Costs At present there is only limited Legal Aid available in The legal costs of resolving contested ancilliary relief proceedings can be high and will often simply reduce the size of the cake that is available for distribution. Magistrate’s Court It is possible to obtain various court orders in the Magistrate’s Court to deal with family law problems such as: (a) Disputes over parental responsibility, residence or contact with children and/or any specific issues that may arise in respect of children (b) A failure to pay maintenance to the spouse and/or children including illegitimate children (c) Injunctions – where there has been violence or threats of violence against the spouse and/or children, an order may be obtained as a matter of urgency to the Magistrate to keep the offending spouse away from the home and/or not to molest the other party or children of the family. This list is not exhaustive, there are a whole myriad of other problems that can be dealt with. Wills A final order of divorce ends a marriage and a divorced spouse will have no automatic entitlement to a share of the real or personal estate of the deceased former spouse. Consequently, it is important to consider making a new will once a judicial separation or divorce has been obtained. A judicial separation does not end a marriage and one party may unwittingly will property to the estranged spouse if you do not consider the terms of your will upon a separation or divorce. F Haskins & Co We at F Haskins & Co have a wealth of experience in all aspects of family law. Our aim is to ensure every one of our clients feels confident and able to face the future. We offer a genuine understanding of individual problems and work closely and confidentially with you to advise and guide you. Our work in family law is not limited to divorce/separation. We also provide experienced guidance in child law issues, protection of assets, inheritance planning, post- and pre-nuptial contracts, wills and probate. Forensic Accountant We also work closely with forensic accountants to carry out detailed investigations of complex personal and company accounts, if required. Date last updated 6 June 2011
|