Family

The courts recognise that parents are usually best placed to make decisions about their children. However, when communication breaks down or agreement cannot be reached, it may be necessary to seek legal advice or use the court process. We assist parents and other family members, including grandparents, in making appropriate applications and understanding their rights.

Our team has extensive experience advising on Child Arrangements Orders (CAOs). These orders determine where a child will live, how much time they will spend with each parent, and the practical arrangements that support their wellbeing. We also advise on Specific Issue Orders which deal with things such as schooling, medical decisions, changing a child’s surname, and applications involving relocation within the UK or abroad.

We provide comprehensive advice on financial provision for children, including cases where parents are not married and applications under Schedule 1 of the Children Act 1989. This can involve applications for housing, lump sums, or other forms of financial support to ensure a child’s needs are properly met.

We also advise on child maintenance, including situations where a parent’s income exceeds the maximum threshold used by the Child Maintenance Service (CMS). In these higher‑income cases, the court may be asked to determine top‑up maintenance, ensuring that financial support reflects the family’s circumstances and the standard of living the child would otherwise have enjoyed.

In every case involving children, their welfare must be the paramount consideration. We understand the emotional impact these disputes can have and work to resolve matters as quickly, constructively, and amicably as possible. Wherever appropriate, we encourage the use of non‑court dispute resolution (NCDR), including mediation, solicitor‑led negotiation, and arbitration — to help parents reach child‑focused solutions while preserving a workable relationship for the future.

If you are experiencing harassment, controlling or coercive behaviour, emotional, financial or psychological abuse, or physical violence, you do not need to suffer in silence. It is important to seek advice on your rights and the legal protection available to you.

Our approachable and understanding team can provide sensitive, practical guidance on the options that may help keep you and your family safe, including:

1. Non‑Molestation Orders – injunctions designed to protect you and any children from violence, threats, or harassment.
2. Occupation Orders – orders that can regulate who lives in the family home, including requiring someone to leave or preventing them from returning.

In urgent situations, we can also take immediate steps to seek emergency protective orders to safeguard your wellbeing and that of your family.

We can advise you on the financial rights and obligations that arise when unmarried couples who have been living together separate. Contrary to popular belief, there is no such thing as a ‘common law marriage’ in England and Wales. Cohabitees do not acquire the same rights as married couples, and financial claims are generally limited to issues relating to property ownership and to financial provision for any children.

We provide clear, straightforward advice so that you understand any potential claims that may be brought by you or against you, and the strength of those claims. This includes disputes about contributions to a property, beneficial interests, and how the law applies where the legal ownership does not reflect the parties’ intentions or financial arrangements.

We can also assist with issues relating to financial support for children of cohabiting parents. This includes advising on making and defending applications under Schedule 1 of the Children Act 1989 which can include applications for housing, lump sums, or other forms of financial support for a child’s needs, housing or education.

We specialise in cases involving complex financial arrangements and high‑value assets, and we have the expertise to advise on all aspects of financial provision upon divorce. Our aim is to help you achieve a settlement that is fair, sustainable, and meets the needs of both you and your family.

We provide clear advice on the likely range of financial outcomes and assist with all issues that may arise, including the valuation of assets in the UK and overseas. This includes company interests, shareholdings, assets held in trust, pensions, and inherited or pre‑acquired wealth. Where appropriate, we work closely with trusted tax specialists, pension experts, and forensic accountants to ensure that every asset is properly understood and accurately valued.

A significant advantage for our clients is our ability to collaborate seamlessly with our colleagues in corporate and commercial law. This integrated approach allows us to analyse business structures, corporate documentation, and commercial arrangements with precision. It ensures that financial settlements are informed by a clear understanding of how company assets operate in practice; an essential factor in cases involving family businesses, complex shareholdings, or multi‑layered corporate structures.

We can also assist in recovering assets or defending claims where it is alleged that one party has dissipated or concealed assets in an attempt to undermine a financial claim. Where assets were inherited or brought into the marriage by one party, we will advise on the extent to which the court may take these into account.

While we always seek to resolve matters voluntarily and constructively, we are fully prepared to make applications to the court where necessary to protect your financial position and ensure matters progress in a timely manner.

There are occasions where you may need to take urgent action to preserve the matrimonial estate and prevent another party from disposing of or dissipating matrimonial or business assets, including transferring assets outside the jurisdiction.

A financial injunction is a court order requiring an individual to refrain from dealing with specified assets. These orders are typically sought in emergency situations, and we can apply for and obtain the following remedies:

1. Freezing orders – preventing a party from disposing of, transferring, or diminishing the value of assets.
2. Applications to set aside transactions – where assets have already been transferred or disposed of in an attempt to defeat a financial claim, we can seek to have those transactions reversed.

We understand that seeking urgent financial relief can be highly time‑sensitive and stressful. Our team has the expertise to advise you on whether these remedies are appropriate in your circumstances, and to guide you through the risks, requirements, and implications of making such applications.

We can advise you on all aspects of living together and prepare a tailored Cohabitation Agreement to protect your financial interests. Such an agreement can clarify and safeguard any funds you are contributing to a property, or protect your position as a sole owner if a partner is moving in, by setting out how the property and any financial contributions will be treated should the relationship come to an end.

Some people choose to have a simple Declaration of Trust when jointly purchasing a property to regulate their co-ownership, but a Cohabitation Agreement is a broader agreement that can encompass a Declaration of Trust whilst also addressing how their finances will be organised while living together and in the event of a separation.

A Cohabitation Agreement can deal with a variety of things including:

• Gifts between the parties or received from another;
• Inheritances or unexpected windfalls;
• Payments of outgoings on the home;
• Payments of current or future debts;
• Arrangements if the property is to be sold;
• Financial support for one another while living together or if separation occurs;
• Financial support for children during cohabitation or after separation;
• How to operate joint bank accounts;
• Arrangements for pets;
• Arrangements in the event of death including nomination of pension beneficiaries or life insurance policies;
• Arrangements for the review of the agreement;
• And how the agreement would come to an end.

Cohabitation Agreements aim to offer both protection and certainty to avoid expensive litigation in the event of a breakdown of the relationship.  They can also provide financial support beyond that which would be required by law which pay be preferable to some than getting married – especially for those who have already been married and divorced and may not wish to do so again.

If parties do decide to later marry, a Cohabitation Agreement could later be used as the basis for a Pre-Nuptial Agreement and with careful amendment could be re-drafted to protect pre-marital assets too.

Pre and post‑nuptial agreements are becoming increasingly common, particularly where a party wishes to preserve pre‑acquired assets, including inheritances, business interests, trust assets, or generational wealth.

A prenuptial agreement is entered into before marriage and must be completed well in advance of the wedding. Timing is crucial: agreements should ideally be finalised at least 28 days before the ceremony. Rushing the process can undermine the safeguards the court expects to see, so seeking early advice is strongly recommended.

A postnuptial agreement serves a similar purpose but is entered into after the marriage has taken place and often in anticipation of a windfall. Post‑nuptial agreements are also valuable when reviewing or updating an existing prenuptial agreement, particularly where there have been significant changes in family or financial circumstances.

The courts are willing to give significant weight to nuptial agreements where they have been properly prepared and executed, and where appropriate safeguards have been followed. Each party must receive separate, independent legal advice to ensure that the implications of the agreement are fully understood. The agreement must also be fair, meet the basic needs of both parties and any children, and be entered into freely with a clear understanding of its consequences. When advising you, we also explore how any future financial claims could be met while still protecting core assets.

Even if the court does not uphold the agreement in its entirety, the existence of a well‑drafted nuptial agreement is still likely to influence the outcome. Regular reviews are essential to ensure the agreement remains relevant and robust, and this is often where a postnuptial agreement becomes an effective tool.

Whilst, for some cases, court proceedings might be the only option there are an increasing number of clients who wish to resolve matters through other dispute resolution forums. If your relationship has broken down, we can assist you in resolving matters either by agreement, through solicitor negotiations, referral to mediation or, if contested, by applying to court or using a family arbitrator.

Family arbitration is increasingly being used to deal with family law issues, and we would encourage all clients to consider arbitration instead of court if an agreement simply cannot be reached and someone else needs to take the decision for you.  In advance of arbitration, we are also able to facilitate arranging private Financial Dispute Resolution (pFDR) hearings where a jointly appointed specialist barrister, solicitor or retired Judge can act as a private judge to provide a non-binding evaluation of the likely outcome of the case, with the aim of assisting the parties to swiftly settle and avoid putting the decision to an arbitrator or court.  This is often used outside of the court process and helps to avoid the stress, cost and delay that court proceedings bring.

If required, we can also involve family counsellors to provide additional support.

Our team here at EMW can advise you about the merits of each of these methods to determine what works for you and your family circumstances.

We pride ourselves on being pragmatic, proactive and approachable. Clients frequently comment on our clear communication.  We aim as a team to present issues in a way which is simple to understand and without legal jargon.