Family Law
We are dual-qualified Italian and English lawyers specializing in cross-border cases. We provide expert legal support with a focus on family law, ensuring a thorough understanding of both Italian and UK regulations.
Divorce and Civil Partnership Dissolution
We guide you through Divorce, Nullity, and Judicial Separation, helping you choose the best option for your circumstances. The breakdown of a relationship can be traumatic, raising complex questions. We assist you in navigating both practical and emotional challenges
For international cases, specialist advice is crucial. When a relationship ends, it’s essential to carefully analyse which country’s legal system is best suited for proceedings. Decisions about financial outcomes, pre-nuptial agreements, and children’s residence must be considered, particularly in cross-border contexts.
Our goal is to help you divorce with minimal hostility. However, we understand some cases may be contentious, and we tailor our approach to fit your unique needs. We specialize in cross-border matrimonial finance, handling complex offshore tax and corporate structures. Whether protecting or challenging assets, we provide comprehensive support alongside our Italian-English Financial Advisors.
Pre-nuptial and Post-nuptial Agreements
If you are considering marriage, discussing a pre-nuptial or post-nuptial agreement is wise. Historically, these agreements were less recognized in England and Wales, but they are now given greater weight by the Courts.
A pre-nuptial agreement outlines asset ownership at the time of marriage and plans for asset division in case of divorce. Although not legally binding in the UK, these agreements are influential if drafted with independent legal advice and full financial disclosure. The agreement should also be fair and understood by both parties.
We recommend reviewing these agreements after several years of marriage, especially upon the birth of the first child. This field is complex, but we have extensive experience and can guide you through the process.
Prenuptial and Postnuptial Agreements: Ensuring Legal Validity
If you are considering entering into a per-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.
Cohabitation Disputes
Many unmarried couples cohabit in the UK, but unlike married couples, they are not covered by a single piece of legislation regarding rights upon relationship breakdown.
We help you navigate the complex laws affecting cohabiting couples, their children, and their assets. If your relationship ends, we can unravel the legal complexities.
If you plan to cohabit, we assist with cohabitation agreements, also known as ‘living-together’ agreements, to protect your rights and assets.
Financial Issues in Divorce
Non-Court Options
Consent Order: If you reach a financial agreement, we can draft a consent order reflecting the terms. It ensures comprehensive coverage of all aspects, such as pensions and maintenance, and makes the agreement legally binding upon court approval.
Court Proceedings
If no agreement is reached, a Financial Order may be required, covering maintenance, property ownership, capital payments, and pension sharing. The process includes:
- First Directions Appointment (FDA): Aims to define issues and save costs.
- Financial Dispute Resolution (FDR): Encourages settlement based on disclosed financial information.
- Final Hearing: Both parties present evidence, and the Judge imposes the final Order.”
We specialise in cross-border financial cases, dealing with complex tax and corporate structures. Our partnerships with Italian-English Financial Advisors ensure thorough management of your international financial matters.
The Court prefers that families resolve their differences privately, intervening only when necessary. We guide you through these processes, always aiming for the best outcome for your children.
Child Disputes
Disputes over children are sensitive and challenging. We encourage negotiation, conciliation, or mediation to prioritize the child’s best interests.
Key concepts include:
1. Parental Responsibility
Both parents must make decisions about key aspects of the child’s life, such as education and health.
2. Child Arrangements Orders
Regulate where the child lives and the time spent with each parent. If parents disagree, a court order may be necessary.
3. Specific Issue & Prohibited Steps Orders
For resolving disputes on specific matters like education or preventing actions such as relocating the child abroad.
Important Notice: Legal Aid
We do not provide Legal Aid services. Legal Aid is designed to help those unable to afford legal representation and ensures access to justice.
If you are, or think you are, a victim of domestic abuse, you may be eligible for Legal Aid. Please check the Government website for eligibility and 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.
