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Family law covers a wide range of scenarios including child custody, separation, parental rights and pre or post nuptial agreements.

Our family and matrimonial law specialist, Lisa Cogger is experienced in handling a range of issues that can arise from separation or family breakdowns so there’s no better person to answer the most commonly asked family law questions.

What rights does my ex have to our children?

These are the legal rights, duties, powers, and responsibilities you have as a parent. Depending on how custody is awarded in a separation it may affect your parental responsibility rights. These rights allow you to make decisions on your child’s care and upbringing. If you share parental responsibility, then important decisions must be agreed with all who hold this responsibility.

Examples of parental responsibility include deciding where your child lives, what medical care your child receives, where and how your child is educated, what religion (if any) your child follows and giving consent for your child to leave the country (whether on holiday or permanently).

Not everyone will automatically hold parental responsibility. Those who automatically have parental responsibility include:

You can get parental responsibility if you’re a biological father, a married or civil partnered step-parent or you’re another carer such as a grandparent. You can get parental responsibility agreed through a parental responsibility agreement, parental responsibility order or through appointing a guardian.

How expensive are family law services?

Everyone should have the right to affordable and accessible legal representation that delivers a satisfactory resolution in an agreed timescale, whilst maintaining excellent standards of client care, and that’s exactly what we aim to deliver.

At Bowcock & Pursaill we offer fixed fee services for family and matrimonial services called ‘Lend a Legal Hand’. This finance solution allows us to provide a cost-effective, personalised and transparent service to our customers meaning you can understand straight away the financial implications each step in a process will entail.

We understand that family breakdowns are a stressful and upsetting time, our Lend a Legal Hand solution means you can take control of your costs from the outset and all the way through to the end of your case.

Our fixed-fee services meet high standards set by the Law Society and we ensure that client confidentiality is a key priority in every situation. We’ll deliver bespoke advice from highly specialised family law teams who will recommend a suitable course of action.

With a wide range of experiences and extensive knowledge, our lawyers are professionals in handling issues in a sensitive and understanding manner. For every stage you take within our fixed-fee services, the team will explain each stage in detail so you’re fully aware of what you’re paying for, enabling you to quickly make informed decisions about whether and how you wish to proceed.

What are the laws when it comes to divorce?

Changes in divorce law are coming into effect from Autumn 2021 which will give couples the option to remove fault from the divorce process.

Until these changes come into place the divorce process in England and Wales requires just one spouse to start the divorce proceedings with an accusation of misconduct in regard to their spouse. Reasonable grounds for divorce are:

The divorce system ultimately requires proof that one party is at fault, and this can have implications for relationships within the family, particularly for families with children. In cases where proof cannot be provided, couples will need to separate for two years with spousal consent or five years without consent.

Once the laws change in 2021, this two year stipulation will no longer be in effect and couples wishing to separate will not have to wait or accuse one another.

While these are the most commonly asked family law questions, for more information on the family and matrimonial law process in the UK please contact Lisa Cogger on 01538 399199 or 07814 175 350.

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