Family Law

If you are involved in a family dispute and are considering moving out of the family home, we recommend seeking legal advice.

An experienced family law solicitor will help you understand your situation and advise on the best way to proceed.

The only ground for divorce is that a marriage has irretrievably broken down. This has been the case since April 2022, following the introduction of no-fault divorce under the Divorce, Dissolution and Separation Act 2020.

Before this change, outdated divorce laws required one partner to accept responsibility for the relationship’s breakdown based on one of the following criteria:

• Unreasonable behaviour.
• Separation for at least two years with consent from both parties.
• Adultery.
• Separation for at least five years without consent from both parties.
• Desertion by one party.

You can get divorced in England and Wales if all the following are true:

• You have been married for over a year.
• Your relationship has permanently broken down.
• Your marriage is legally recognised in the UK.

To get a divorce, you must:

1. File a divorce application.
2. Wait for the court to issue your divorce.
3. Apply for a conditional order.
4. Apply for a final order.

A solicitor can help navigate divorce proceedings in various ways. From ensuring you get a fair divorce settlement, helping with communication between you and your ex, and assisting with the relevant paperwork, seeking the advice of an experienced divorce lawyer can prove invaluable.

Even if you believe that your divorce will be straightforward, it is sensible to consider the advice of a trusted family solicitor. For advice and assistance on all aspects of divorce, including financial arrangements, separation agreements and child law, please contact Bowsers Solicitors today.

To get in touch, please call 01945 583194 (Wisbech), 01354 652606 (March), email reception@bowsers.co.uk or fill in this contact form.

Yes. You can still apply for a divorce because of the irretrievable breakdown of your marriage, even if your spouse doesn’t agree.

Following the introduction of no-fault divorce, you no longer need to provide a reason, explanation, or apportion blame when you apply for a divorce.

If your spouse does not agree to a divorce, you can make a sole application. Respondents are no longer able to contest a divorce under the new legislation.

Exactly how long the divorce process takes depends on several factors, including whether you make a joint application or apply on your own and how quickly and easily you and your partner can reach an agreement about any children and financial arrangements.

Even if your circumstances are straightforward, a divorce will take at least six months to complete.

Currently (June 2024), there is a £593 court charge for applying for a divorce. Solicitors’ fees will be additional and depend on the exact nature of the matter and the amount of time spent on your case.

For more information about how we can help with your divorce, call us today on 01945 583194 (Wisbech) or 01354 652606 (March).

All mothers and fathers in England and Wales have certain have legal rights and responsibilities as a parent (known as ‘parental responsibility’) to do with the child’s upbringing.

A mother automatically has parental responsibility for a child from birth.

Fathers generally have the same legal rights as mothers in England and Wales.

If the parents are married or the father is listed on the birth certificate, he will also usually have parental responsibility.

Having parental responsibility means that you must:

• Provide a home for the child.

• Protect and maintain the child.

• Discipline the child.

• Choose and provide for the child’s education.

• Agree to the child’s medical treatment.

• Name the child and agree to any change of name.

• Look after the child’s property.

Only a child’s parents will have parental responsibility, unless there is a court order stating otherwise.

In some circumstances, other people, such as grandparents or stepparents can apply for parental responsibility for children who are not their own biologically.

If you have parental responsibility for a child but do not live with them, you do not automatically have a right to spend time with your children.

If parents separate, they need to decide on child arrangements, which determine how much time each child spends with each parent.

Find out more about parental responsibility in our previous blog by clicking here.

If your relationship ends and you have children, you and your ex-partner must agree on various issues, such as living arrangements, contact arrangements, and financial matters.

This can often be easier said than done.

If separated parents can’t reach a consensus privately between themselves, family mediation can help.

If all else fails, parents can ask the court to decide for them.

Bowsers Solicitors have been working with families for many years in various child law matters, including contact, residence, parental responsibility and more specific issues.

Our experienced team abides by Resolution’s Code of Conduct, meaning we prioritise negotiation and mediation wherever possible.

With this, we do everything possible to avoid the family court. This helps to keep costs to a minimum, speed up the process and, in most cases, will make for a far more amicable situation.

If you are looking for child law advice, please contact our experienced family solicitors and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form. 

Read more about agreeing on chid arrangements with an ex-partner in our previous blog.

No. Unless there is a genuine concern for a child’s welfare, you cannot legally stop your ex's new partner from seeing your children.

If you have safeguarding concerns, you can apply to the court for a Prohibited Steps Order which can put in place various restrictions. This can be complicated, and specialist legal advice is vital.

Couples who live together without being married or in a civil partnership do not have many rights around property, finances and children.

This is the case regardless of how long you have been with your partner or if you have children together.

If the relationship between an unmarried couple ends, either because of separation or death, cohabiting couples may not have any automatic legal entitlement to each other’s assets.

Unmarried couples who live together should seek specialist legal advice from an experienced Family Law solicitor to discuss what steps to take to ensure they are protected.

At Bowsers Solicitors, our Cambridgeshire-based lawyers will explain your rights and the options available to you in a way that is easy to understand.

To speak to one of our friendly yet professional family solicitors and chartered legal executives today, please call 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk.

Alternatively, you can fill in our contact form.

The best way for unmarried cohabiting couples to protect themselves and their assets is to make a cohabitation agreement and a Will.

A cohabitation agreement is a written legal document made between couples who live together that sets out arrangements for finances, property, and children if the relationship ends.

Both heterosexual and same-sex couples can make a cohabitation agreement, which can be reviewed and updated as often as required.

Yes. As cohabiting couples enjoy few automatic legal rights, a cohabitation agreement is a great way for unmarried couples to protect themselves and their assets, providing clarity and security.

A cohabitation agreement sets out who owns what and how assets will be divided if a couple’s relationship breaks down.

They can include information about:

• Property ownership.

• Financial arrangements (such as how rent or mortgage payments are dealt with and what happens if one partner puts in a larger deposit for a house).
• Childcare and parenting arrangements should the relationship break down.
• Pensions. A cohabitation agreement can ensure couples have a right to their partner’s pension.
• Debts.
• Inheritance arrangements. Cohabitation agreements can specify how assets will be distributed in the event of either partner’s death

Yes, cohabitation agreements can be legally binding, if they are drafted correctly and are up to date.

Specialist legal advice is crucial.

If you are living with your partner and they die, you have no automatic right to inherit their assets.

Unmarried partners are not entitled to inherit under intestacy rules, meaning that is there is no Will, cohabiting partners may end up with nothing in the event of their partner’s death.