Family

The Courts’ general approach is that parents are based placed to resolve matters relating to their children but sometimes this is insufficient. We can advise you as to your current position and assist in the making of an application as a parent or another member of the family, such as a grandparent.

We can assist you with custody and spending more time with your children, having them live with you, your children’s education, and the relocation of a child.

If you are subject to emotional or physical violence then you do not need to suffer in silence and should obtain advice on your rights and the protection available.

There are limited financial rights and obligations between cohabitees.  We can provide legal advice so that you understand your legal position and the claims which might be successfully brought or defended.

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, referral to mediation or, if contested, by applying to court, by use of the collaborative law process or by family arbitration.

There are also other options including Fourway Meetings (with the other side and their lawyer), coming to an agreement with the assistance of a Collaborative Lawyer, and Arbitration.

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 jargon.

We will assist you in achieving a financial settlement that meets both yours and the needs of your family.

We can advise you on your assets both in the UK and abroad, including company assets, assets held in trust, and provide advice of the likely matrimonial claim, and how it can be met.

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

We can advice, guide and create suitable Cohabitation Agreements to protect any funds you are investing in a property for yourself, or into a property for a child or grandchild, should the cohabitation break down and the property have to be divided.

Pre and post nuptial agreements are increasingly common for couples who wish to preserve pre-acquired assets, whether arising from inheritances, business asset or from family wealth.

The courts are prepared to recognise properly drafted and executed nuptial agreements, provided certain basic conditions are followed and that the agreements consider the needs of the parties and the family. When discussing these agreements with you we also look at ways in which any future claims could be met whilst preserving the core assets.

Even if the court do not ultimately uphold the entire agreement the existence of the nuptial agreement is still likely to sway the court. It is important that any nuptial agreement is reviewed on a regular basis, particularly if there are any significant changes in family circumstances.