The members of the Matrimonial and Family Department have the benefit of many years experience in the field of Family Law. Consequently they have the ability to balance care and understanding with the need for a firm hand.

Our team of specialist lawyers and support staff are committed to teamwork and they have the ability to handle any situation which may arise. The wealth of legal knowledge, professional experience and personal skills within the department enables Halliwells to provide a high quality service to those with family difficulties.

The department is able to advise on a wide range of matters including high value and complex financial matters arising from relationship breakdown, divorce, pre-nuptial agreements, separation deeds, disputes between cohabitees and same sex couples, private client matters, adoption and child abduction. The department is able to offer Legal Aid, in certain circumstances.

All members of the Matrimonial and Family Department also have the necessary expertise to advise on Civil Partnership disputes and breakdowns, and the ability to deal with dissolution of Civil Partnerships post 06.12.06.

Because the Matrimonial and Family Department are able to call upon the support of other departments of the firm as necessary, they can help deal with clients from all walks of life, particularly those from the professional and business sector.

Areas of Specialism / Expertise

The Matrimonial and Family Department also specialise in assisting with:-

• Pre-Nuptial Agreements
• Cohabitation Agreements
• Separation Agreements
• Child Abduction

Divorce

• The only ground for Divorce is that the parties marriage has "irretrievably broken down"
• The only ground can be proven by establishing one of the "five facts"
• There is only one absolute bar to presenting a Divorce Petition to any Divorce Court
• Either party to the Divorce proceedings can make an application to Court for financial matters to be dealt with

Judicial Separation

• There is no bar to presenting a Petition for Judicial Separation
• Separation relieves the parties of the duty to cohabit
• The grounds for Judicial Separation are the same as the "five facts" in divorce
• Within Judicial Separation proceedings either party can make an application to Court for financial matters to be dealt with

Financial Ancillary Relief Claims

• This can be dealt with by direct agreement between the parties, via mediation, via voluntary disclosure of financial documents, or by application to the Court
• Either party to Judicial Separation or Divorce proceedings can apply to the Court for financial matters to be dealt with by them
• The Court has wide powers to deal with the parties assets, including: Ordering that property be sold, Ordering outright transfer of property to one spouse, Ordering pension shares etc

Cohabitation

• Contrary to popular belief there is no such thing as the "Common Law Marriage"
• Under current law, cohabitees are not offered the same protection as married couples or civil partners
• It can be extremely difficult for one party to prove that they have an interest in the others property, or indeed for one party to prove that the other does not have in interest in their property
• This difficulty can be alleviated by the preparation of a Declaration of Trust upon the purchase of any property, or by preparation of a Cohabitation Agreement prior to cohabitation beginning

Private Child Law

• The Child's welfare is the Court's paramount concern
• Once an application is issued the Court is not restricted in its powers and as such can make Orders other than those originally sought
• Order can be made dealing with where the child should live and whom they should see

Public Child Law

• Parents and children are automatically entitled to free Legal Aid
• The children are parties to the children and have their own solicitor
• The children's welfare is the Court's paramount concern
• Other family members may be represented within the proceedings

Adoption

• Adoption law changed in December 2005
• Objections by the birth parents are now heard by the Court before children are placed for adoption by Adoption Agencies