Court Work
Financial Applications
If you are trying to resolve finances following a separation, the type of Court Proceedings used will depend on whether you were married or not.
If you were married, an application can be made for a Financial Remedy Order.
To obtain a Financial Remedy Order, evidence needs to be filed with the Court, directions are given and then a Financial Dispute Resolution Hearing is held. At this point, you are encouraged to reach an agreement with the help of a Judge. If this is not possible the case will be listed for a Final Hearing.
The Judge has a broad discretion and should make an Order in line with the existing case law and what is “fair” in all the circumstances. These Orders can be enforced and varied in the future if appropriate.
If you cohabited, you may have to make two applications depending on your situation. One to resolve issues relating to property and assets, and one for additional financial support for the children.
The process is very different. The types of orders made, and the discretion of the Judge is much narrower.[/vc_column_text][vc_column_text]
Injunctions
If you are suffering from harm (physical, emotional, financial or verbal) from a close family member, former partner or spouse then you may be able to apply for an injunction.
Non-molestation Orders can be made as an emergency. This Order protects the person and their children from the behaviour of a named individual.
An Occupation Order prevents a person from accessing a property or an area to allow another person and their children to use it safely.
These applications can be made as an emergency and without any notice being given to the alleged perpetrator if necessary.[/vc_column_text][vc_column_text]
Children Act Proceedings
Applications can be made to resolve many issues relating to children; where and with whom a child should live, who sees a child, whether the child can be taken abroad to live, whether a child should have or not have a certain type of medical treatment. The list is a long one.
All these types of application are dealt with under the Children Act 1989.
For most applications, the welfare of the child is paramount. If there are welfare concerns, a CAFCASS officer can be ordered to prepare a report.
The Court believe that, in most cases, the parents of the child are the best people to decide what should happen and so, even if proceedings are issued, the Court will try right from the outset to see if agreement can be reached, unless it is unsafe to do so.
If agreement cannot be reached, these are like any other proceedings. Evidence must be filed, directions given and, after hearing witnesses at a Final Hearing, the Judge will make an Order that is binding.
All our solicitors undertake Court Work.