Family Law
We will assist you in many complicate and specialised cross border areas of family law. We are approachable, friendly and compassionate. We speak Italian and English and are dual qualified in Italy and the UK and can help you handle your family matter knowing both the Italian and the law in England and Wales.
Divorce and Civil Partnership Dissolution
The breakdown of relationship can be one of the most traumatic experiences for a person and may raise questions and potential problems. We will help you answer those questions and guide you through both the practical and emotional problems you may face, however complicated and overwhelming they may seem.
We are dual qualified Italian and English Lawyers specialised in cross border Italian-English cases.
We will guide you through the law on Divorce, Nullity and Judicial Separation, helping you to choose the option best suited to your circumstances.
Cross border matrimonial financial cases
We aim to help our clients divorce with the minimum of hostility. However, we also understand that some cases will be contentious. Regardless of the circumstances, we are well equipped, often tailoring our approach to your unique set of circumstances. We specialise in cross-border matrimonial finance cases which have an international dimension and involve complex offshore tax and corporate structures. We can help you protect and preserve your assets or if we are on the opposing side, we can certainly help you attack these sorts of assets.
We have partnerships with Italian-English Financial Advisors and can deal with your matter together with the other professionals to give you a piece of mind. We will help you make sense of your international financial matter.
Cohabitation Disputes
We can take you through the maze of legislation that affects couples who live together, their children and their assets.
If your relationship has broken down, we can help you to unravel the complexities. Today, millions of unmarried couples cohabit in the world. Yet in the UK, unlike married couples, there is no single piece of legislation that deals with the rights of cohabitees on breakdown of the relationship.
If you are intending to co-habit we can help you with cohabitation agreements, otherwise known as “living-together” agreements.
International Cases
International cases require specialist lawyers, the rules can be very complicated.
In such circumstances, when a relationship breaks down, it is essential that specialist advice is sought as to which country any divorce or family proceedings should be initiated in.
There must be a careful and detailed analysis of the benefits and drawbacks of issuing in a particular country. The likely financial outcome in each particular country will often determine the country of choice, which may include consideration of whether there is a binding pre-nuptial or post-nuptial agreement in existence.
Decisions about where children will live, with whom, and in which country may also need to be made which could involve child abduction issues or consideration of moving abroad with children.
Pre-nuptial Agreement
If you are considering entering into a pre-nuptial or post-nuptial agreement, to ensure the best chance of it being upheld at some point in the future you should obtain independent legal advice, provide full and frank financial disclosure, and ensure the agreement is fair.
A specialist family solicitor should be instructed to ensure the agreement is correctly drafted and that you fully understand both the terms of the agreement and the implications of it. You cannot both obtain advice from the same solicitor and must instruct solicitors separately.
Also consider that a pre-nuptial and post-nuptial agreements should only last until the birth of the first child of the family or for up to a period of five years. We suggest that a provision for review by way of a further post nuptial agreement after being married for several years should be included in the agreement.
A pre-nuptial agreement is a legal agreement entered into prior to a marriage or civil partnership. The agreement will detail who owns what at the time of marriage and also how the couple intend that those assets should be divided in the event of divorce or separation.
Child Disputes
We will take you through the forest of jargon: parental responsibility, child arrangement orders and the regulation of residence and contact, specific issue, prohibited steps, leave to remove etc. We will help you make sense of it and how the law works.
What you want is what is best for your kids – so do we! Litigation is the very last resort.
No Order Principle
Children matters are governed by the Children Act 1989 which sets out the “no order” principle at Section 1(5) of the Act. The Court prefers families to resolve their differences privately. It will not interfere unless called upon to do so by one or other parent, and it will not make an Order unless to do so would be better for the children than not doing so.There are three important concepts to be aware of, as follows:
1. Parental Responsability
This is the right and obligation of both parents to make important decisions in their child’s life, particularly with regard to matters such as education, religion, medical treatment and legal decisions. The effect is that both parents must consult each other on important matters affecting the children throughout their minority. If you cannot agree then (subject to involving outside professionals such as mediators and counsellors) any contentious decision would have to be referred to the Court, for a Judge to decide.
2. Child Arrangements Orders
Dealing next with the child’s living arrangements, and the time that he will spend with each parent, if these arrangements can be agreed then there will be no need to approach the Court for an Order.
However, if arrangements for cannot be agreed, it might be necessary for you to apply to the Court for a Child Arrangements Order (you could, of course, attempt mediation first). The Order will regulate those arrangements by setting out where the child will make their primary home and how much time they will spend with the other parent.
Please be aware that it is the right of the child to see their parents on a regular basis and not vice versa.
The Courts have no power to make decisions for children who are 16 or older. The Courts tend to listen to the wishes and feelings of children who are over the age of 13 or so. They tend to “vote with their feet” and decide for themselves where they want to live and how often they wish to see their non-resident parent.
Whenever there is a dispute over children, there are no winners. Only losers. Especially the kids themselves. We will always encourage you to negotiate, conciliate or mediate.
3a. Specific Issue Orders
Where separated parents cannot agree they can refer the specific issue to the court i.e. what school child should go to or what religion they should follow. You will need to apply for to the Court for a Specific Issue Order. This is a positive Order that makes a person do something.
3b. Prohibited Steps Orders
If one parent proposes a course of action with which the other parent objects to e.g. taking child overseas then the court can be asked to prohibit the taking of that step. You can apply for a Prohibited Steps Order. This is a negative Order that stops a person from doing something.
Unfortunately, we do not provide Legal Aid service to clients
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.
If you are or think you are, victim of domestic abuse, you may be eligible for Legal Aid. Please check onto the Government website Legal aid: Overview – GOV.UK (www.gov.uk) if you are eligible and in case you are, take the necessary steps to protect yourself and your children.
Frequently Asked Questions
You will need to demonstrate that your marriage has irretrievably broken down, by being able to prove one of the following five facts:
- Your spouse has committed adultery
- Your spouse has demonstrated unreasonable behaviour
- Your partner has left / deserted you for a continuous period of 2 years
- You have been separated for at least 2 years and you both agree to the divorce
- You have been separated for at least 5 years – it doesn’t matter if your partner doesn’t agree to the divorce
- If you have been married for less than 2 years, you can only use unreasonable behaviour, adultery or desertion as your reason for getting divorced.
In the UK a divorce can take between 6-8 months if not disputed, from issuing the petition to the Decree Absolute. If the divorce or finances are disputed, then this timescale can be longer depending on when such issues are resolved.
In Italy, where it is disputed, it may take years.
Please contact us to discuss your case and have more information.
In the UK if you have agreed your divorce and financial arrangements, then you do not need to attend court. Your divorce will be processed through the court as a paperwork exercise instead. If you have not or are unable to agree your financial arrangements, you will need to attend court.
In Italy you must attend the first hearing in person.
Please contact us to discuss your case and have more information.
If you have not put in place a ‘living together agreement’, any of the following could apply.
- If you do not own the property in which you live or you do not own a share of the house in which you live you have no automatic right to stay there.
- Other than child maintenance, you have no right to receive maintenance for yourself from your ex-partner.
- If you live in a rented property together and the tenancy is in your ex partner’s sole name you have no right to stay if you are asked to leave.
- If the possessions within the property are owned by or were purchased by your ex-partner, you have no automatic right to a share of those possessions.
A Supervision Order is where a child is placed under the supervision of the Local Authority, but this does not give it parental responsibility. The child is not taken into care and remains with the parents, with the local authority being legally obliged to offer support and assistance to the child and his/her family.
An Interim Care Order is a temporary care order which gives social services parental responsibility for a child, which they then share with the parents. It means that social services can decide where a child will live while the court proceedings are continuing.
The focus should always be on what is in the best interests for the children. If this cannot be agreed, the court can decide for you, but will encourage you to attend mediation first.
Contact rights are generally the right of the children and not the parent. Provided that there is not a risk of harm to the children, contact will be ordered by the Court. It is best to negotiate contact arrangements by direct discussions or by attending mediation to agree on the way forward. If you cannot agree, an application can be made to the Court, providing that you have attended a MIAM (Mediation Information and Assessment Meeting).
You do not have to attend mediation if you have agreed all family and divorce matters. In the UK if you wish to apply to Court relating to children or finances on a divorce matter, you will need to normally have attended a MIAM (Mediation Information and Assessment Meeting) before making the application.
What you are entitled to depends upon your circumstances and whether you are married or living together. It is best to obtain legal advice on this from a family law solicitor.
This usually happens on a voluntary basis, but where one party will not cooperate it can be directed through the Court. Within divorce proceedings, you can make a financial application to court. The court will then direct the information as a requirement of the proceedings by way of a Financial Information disclosure form, called Form E.
- Abusive Violence between couples living together
- Abuse between partners who do not live together
- Harassment by former partners
- Abusive relationships between parents and children
- Abuse against elderly family members
- Abuse between tenants or flat mates
- Female genital mutilation (FGM) or forced marriage
You will usually need to show that you or your children were at risk of harm from an ex-partner.
You can ask for evidence from:
- The courts
- The police
- Social services
- A health professional
- A refuge manager
- A domestic violence support service
- Your bank in the form of bank statements
- Your employer, education or training provider
- The provider of any benefits that you receive
We do not provide Legal Aid services and if you are or think you are, victim of domestic abuse, please check onto the Government’s website and take the necessary steps to protect yourself and your children.
The law can provide the following types of order to protect you from domestic violence.
A Non-molestation Order prevents someone from being violent or threatening violence against you or your child. It also includes intimidation, harassment, or pestering.
An Occupation Order relates to who can live in the family home and can also restrict access to the surrounding area as well.
Mediation helps couples going through separation or divorce to work out and agree arrangements for themselves and their children. If these issues can be agreed between you through mediation, it saves the cost of going through a Court to make the decisions for you.
Mediators cannot provide legal advice but can provide information about the legal process of divorce and the procedures that the Court follows.
An appointment can be made with a Mediator either individually or jointly. The Mediator will explore whether mediation will be appropriate to you and acceptable.
Mediation will help you to reach your own agreements, instead of a judge deciding for you. The mediation meetings will help you to come up with your own ideas and solutions to the problems you face arising from separation or divorce.
