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Family Law

Family Law

Family life does not always run smoothly and when it hits those bumps in the road, Shahban Solicitors can assist, whatever your background or circumstances.

Shahban Solicitors will offer non-judgemental, practical and straight-talking advice, at a time when life might be at its most difficult and you need it most.

Specialisms include:

  • Pre and Post Nuptial Agreements

  • Divorce and Separation

  • Civil Partnership Dissolution

  • Financial Arrangements post Separation and Divorce

  • Children Matters

  • Non-Molestation/Occupation Orders

This list is not exhaustive – if you have a matter which is not on this list, please do not hesitate to contact a member of our team to discuss your options.

Why choose us?

We recognise that every case is different by some means, so our team invest time in listening and taking in each stage of the issue at hand to be able to provide each client with advice which is tailored to their case.

Where there are disputes between family members or couples, we aim to assist our client in resolving this. However, unfortunately, disputes cannot always be resolved so our team will use their skill set in preparing the client for what the next steps are.

The Team:

Deborah Turner heads up our Family Team and has practised almost exclusively in family law for almost 25 years.

Deborah and her team pride themselves on their no-nonsense approach to practical advice-giving and their ability to develop sound working relationships with their clients.

For your free initial half-hour appointment please contact the office on 01782 272777 or email at deborah@shahbansolicitors.com.

Fees

Your fees will depend on the nature of the advice given and its complexity and are generally charged on an hourly basis, although certain fixed fee work is available.

You will always be given clear and transparent information about your fees to include any other payments required such as Court or Barrister fees.

Financial settlements:

Deciding how to deal with the financial fall-out from the breakdown of a marriage can be difficult. Everyone’s circumstances are different, there is no ‘one size fits all.’

It is possible for both parties to a marriage to agree who gets what, and agreement can be reached through face-to-face negotiation or maybe with the help and guidance of professional services, such as mediators or solicitors, i.e. independent third parties who can assist with negotiation. However, where this is not possible and potentially decisions have to be taken by the court, knowing how the court will look at the possibilities for resolution, may help couples with their negotiations.

 A settlement, however, should only be agreed if both  are entirely satisfied that it is known  what the income and capital assets of the  marriage are and both should be encouraged to exchange full details of their  positions with the other.

Basically, if required to resolve outstanding financial issues, the court will take an initial overall view of what is potentially available for division, in the first instance, paying particular attention to any children of the family, under the age of 18.

The starting point will be as far as possible an equal division of what there is, but, the court in reaching its decision will take into account several factors as follows:  

(a)     The income, earning capacity, property and other financial resources which each party has or is likely to have in the foreseeable future, including, in the case of earning capacity, any increase in that capacity which it would in the opinion of the court be reasonable to expect a person to take steps to acquire.

(b)     The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.

(c)      The standard of living enjoyed by the family before the breakdown of the marriage.

(d)     The age of each party to the marriage and the duration of the marriage.

(e)     Any physical or mental disability of either of the parties to the marriage.

(f)      The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family.

(g)     The conduct of each of the parties, if that conduct is such that it would in the opinion of the Court be inequitable to disregard it

(h)     The value to each of the parties to the marriage of any benefit which by reason of the dissolution or annulment of the marriage that party will lose the chance of acquiring

Even if there is little or indeed anything available to divide, on the breakdown of a marriage, it is advisable to have discusssions around financial matters on divorce, as simply dissolving your marriage will not cut off the financial claims which each party can make against the other for maintenance, lump sums, property and/or pensions.

Without steps being taken, claims against each other will remain ’live’ until shut down by court order or potentially for one party should s/he remarry.

The area of matrimonial finance is not straightforward and Shahban Solicitors can help and guide you through ta possible difficult way ahead.

Children:

Child arrangements order including prohibited steps order, specific issue order and consent order – £215 court fee plus our fees, charged on an hourly rate. Estimated £2500.

Representation in court:

Prices can range depending on appearances and trials, from around £600-£2000.

Parties should attend mediation before filing an application to court for child arrangements, unless mediation is exempt, for example in cases where there has been domestic violence.

After filing the C100 at court, the court will list it for a FHDRA (First Hearing) to determine the facts of the case and next steps. In some cases, this can be treated as the final hearing if an amicable agreement has been reached.

If not, the court will set a timetable for what happens next. They may instruct CAFCASS to prepare a report determining what is in the best interests of the child.

Contact

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