Family

FAMILY

Nothing could be more upsetting than a breakdown of marriage/ relationship, especially where there are children involved.

Samuels have been dealing with all kinds of family related matters for over ten years and therefore have the experience and expertise to deal with such matters, as quickly, and as sensitively as possible.

Our family law team can assist you in a number of family law related matters including;

Divorce and Separation

There is only one ground for divorce, that is that the marriage has irretrievably broken down. In order to satisfy the Court of this, a Petitioner (the person applying for a divorce) must prove of five facts namely;

a. that the other party has committed adultery and the petitioner finds it intolerable to live with them; or

b. that the other party has behaved in such a way that the Petitioner cannot reasonably be expected to live with them

c. two years desertion

d. two years Separation and consent

e. five years Separation

We can help you decide on which fact to use as a Petitioner or help you complete the procedure as a Respondent

We can also assist in settling matters including any financial matters between you if you are in a relationship other than a marriage or civil partnership

children contract issues

The Children Act came into force in October 1991 and brought numerous changes to the law relating to children.

There are a number of orders which the court can make in relation to children issues, such as;

Residency Orders - determining whom the child live with

Contact Orders - allowing the child to visit or stay with the person(s) named in the Order

Pro-hibited Steps Order - determining steps to be taken by the named parties/parents/ those with parental responsibility

We can guide you through what orders you may wish to apply for

financial issues/settlement between the parties

Also known as “Ancillary Relief Proceedings”. We can advise/assist and guide you through these type of court proceedings, or advise in relation to mediation

care proceedings

These types of proceedings are complicated and involve numerous professionals and can be extremely upsetting for all parties concerned. We aim to deal with the procedures on your behalf as efficiently and as sensitively as possible

adoption and procedures

Again, adoption is a long process involving numerous professionals.

Injunctions

We can help you if you are suffering domestic violence, or any other form of abuse by obtaining an injunction against your abuser

For further information or an appointment please contact a member of our family team

FREQUENTLY ASKED QUESTIONS

What is Parental Responsibility?

Defined in s3(1) of the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to that child and his property.”

An unmarried mother automactically has parental responsibility and so too will the father, provided his name is on the child’s birth certificate after 1 December 2003

Fathers who do not have parental responsbility can apply to the Court for a parental responsbility agreement

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