Welcome to MQ Solicitor Family Law - Your Experts in Family Matters

At MQ Solicitor Family Law, we understand that navigating family legal matters can be one of the most challenging times in your life. Our compassionate and experienced team of family law experts is here to provide you with clear guidance, strong representation, and unwavering support through every step of your journey. We specialise in divorce, child contact arrangements, and financial remedies, always striving for the best possible outcome for you and your family.

Our Services

Divorce

Ending a marriage is a significant life event that requires careful legal consideration. Our team is dedicated to guiding you through the divorce process with sensitivity and expertise, aiming for a resolution that protects your interests and helps you move forward.

What is Divorce?

Divorce is the legal process that formally ends a marriage. In England and Wales, the law changed in April 2022 with the introduction of "no-fault divorce" under the Divorce, Dissolution and Separation Act 2020. This means you no longer need to prove fault (such asadultery or unreasonable behaviour) to obtain a divorce. The only ground for divorce is that the marriage has irretrievably broken down, which is simply stated in the application.

The Divorce Procedure (No-Fault Divorce):

The process for obtaining a divorce in England and Wales is typically a paper-based process, largely conducted online through the court portal. Here's a general overview:

1. Application for Divorce:

o Either you can apply as a "sole applicant" or you and your spouse can apply jointly as "joint applicants."

o You will file an application with the court declaring that your marriage has irretrievably broken down.

o A court fee (currently £612) is payable at this stage. You may be eligible for help with court fees if you have a low income.

o If applying solely, the court will send a copy of the application to your spouse (the "respondent") who has 14 days to acknowledge service.

o If applying jointly, both parties will check and agree the details before submission.
‍

2. 20-Week Cooling-Off Period:

o After the application is issued by the court, there is a mandatory 20-week waiting period. This period is designed to allow couples time to reflect and make arrangements for their children and finances, ideally through agreement. This period cannot be shortened.
‍

3. Application for Conditional Order:o Once the 20-week period has passed, and your spouse has acknowledged service (or if you applied jointly), you can apply for a "Conditional Order" (formerly known as Decree Nisi). This confirms that the court agrees you are entitled to a divorce.

‍

4. Application for Final Order:

o Six weeks and one day after the Conditional Order is granted, you can apply for a "Final Order" (formerly known as Decree Absolute). This is the legal document that formally ends your marriage.

o Crucially, it is often advisable to delay applying for the Final Order until financial matters have been agreed upon and approved by the court through a Financial Remedy Order (Consent Order). This is because a final divorce order can impact your financial claims, including pension rights.
‍

Divorce Fees:

• Court Fee: The current court fee for filing a divorce application is £612.

• Solicitor Fees: Our legal fees will vary depending on the complexity of your case and the level of engagement required. We aim to be transparent about our costs and will provide you with a clear estimate at the outset.

o For a straightforward, uncontested divorce (where both parties agree), we may

offer a fixed fee.

o If there are disputes concerning children or finances, additional legal work will

be required, and costs will increase accordingly.

• We will provide you with a detailed breakdown of our fees and keep you updated throughout the process. We are committed to helping you manage costs and explore cost-effective solutions like mediation where appropriate.

‍

Child Contact

When relationships end, ensuring the best arrangements for your children is paramount. We

help parents reach agreements about where their children will live and how they will maintain

contact with both parents, always prioritising the child's welfare.

Explanation of Child Contact:

"Child contact" refers to the arrangements for how a child spends time with each parent (and

potentially other significant individuals, such as grandparents) after separation or divorce.

These arrangements can vary greatly depending on the family's specific circumstances and

what is in the child's best interests.

Common types of contact include:

• Direct Contact: This involves face-to-face time with the child, which can include:

o Live-with arrangements: Where the child lives primarily with one parent, with regular time spent with the other.

o Shared care arrangements: Where the child spends significant time living with both parents.

o Supervised contact: Where contact takes place under the supervision of another adult, often in a contact centre, if there are safety concerns.

o Supported contact: Where contact takes place in a contact centre setting, but without direct supervision, offering a safe and neutral environment.

• Indirect Contact: This involves maintaining a relationship without direct face-to-

face interaction, such as:

o Phone calls

o Video calls

o Letters or emails

o Exchange of cards or gifts

‍

How Child Contact Arrangements are Made:

1. Agreement between Parents:

o The most amicable and often most effective way to make child arrangements

is through direct discussion and agreement between parents. We can assist in

facilitating these discussions or corresponding with the other parent or their

solicitor to reach an agreement.

o A "Parenting Plan" can be a useful tool to document agreed arrangements,

even if not legally binding.

2. Mediation:

o If direct agreement is difficult, family mediation is a valuable alternative. A

trained mediator helps both parties communicate and negotiate to reach

mutually acceptable arrangements regarding children.

o Before applying to court for a Child Arrangements Order, attending a

Mediation Information and Assessment Meeting (MIAM) is generally a legal

requirement, unless an exemption applies.

3. Child Arrangements Order (CAO):

o If an agreement cannot be reached through negotiation or mediation, either parent can apply to the court for a Child Arrangements Order (CAO). This is a legally binding order made by the family court that specifies:

▪ Where the child will live: This determines the child's primary residence.

▪ When the child spends time with each parent: This outlines the contact schedule, including overnight stays, holidays, and special occasions.

▪ Other types of contact: Such as phone calls or video calls.

o The court's paramount consideration when making any decision about children is the child's welfare. They will consider factors such as the child's wishes and feelings (depending on their age and understanding), their needs, and the capacity of each parent to meet those needs.

o The court process involves hearings, and often a Children and Family Court

Advisory and Support Service (CAFCASS) officer will be involved to assess the situation and provide recommendations to the court. Our solicitors are highly experienced in advising on all aspects of child arrangements, from informal agreements to complex court applications, ensuring your child's best interests are always at the forefront.

‍Financial Remedy

Divorce not only ends a marriage but also requires the fair division of marital assets and liabilities. Our team specialises in financial remedy cases, ensuring that your financial future is secure following separation.

Explanation of Financial Remedy:

"Financial remedy" (also known as "financial orders" or "ancillary relief") refers to the legal process of dividing a couple's assets, income, and pensions following a divorce or civil partnership dissolution. The aim is to achieve a fair and equitable settlement that addresses

the needs of both parties and any dependent children. The court has broad discretion when making financial orders, guided by Section 25 of the Matrimonial Causes Act 1973 (and mirrored in the Civil Partnership Act 2004). Key factors the court considers include:

• Income, earning capacity, property, and other financial resources each party has or is likely to have in the foreseeable future.

• Financial needs, obligations, and responsibilities each party has or is likely to have in the foreseeable future.

• The standard of living enjoyed by the family before the breakdown of the marriage.

• The age of each party and the duration of the marriage.

• Any physical or mental disability of either party.

• Contributions made by each party to the welfare of the family, including looking after the home or caring for children.

• Any conduct of either party that would be inequitable to disregard (this is rarely considered unless it is particularly egregious).

• The value to each party of any benefit which they might lose the chance of acquiring (e.g., pension rights).

Types of Financial Remedy Orders: Common types of financial orders the court can make include:

• Property Adjustment Orders: Determining how jointly owned property (e.g., the family home) will be dealt with, such as immediate sale, transfer to one party, or delayed sale (Mesher Order).

• Lump Sum Orders: Requiring one party to pay a specific sum of money to the other,

either as a single payment or in instalments.

• Periodical Payment Orders (Spousal Maintenance): Requiring one party to make regular ongoing payments to the other for a specified period or for life (though there is a strong emphasis on achieving a "clean break" if possible).

• Pension Sharing Orders: Dividing pension rights accumulated during the marriage, allowing one party to receive a percentage of the other's pension fund.

• Clean Break Orders: These orders aim to sever all financial ties between the parties, preventing future financial claims against each other. This is often the preferred outcome where feasible.

Financial Remedy Procedure:1. 2. 3. 4. Information Gathering and Disclosure (Form E): Both parties are required to provide full and frank disclosure of their financial circumstances by completing a detailed document called Form E, outlining all assets, liabilities, income, and expenses.

First Appointment (F.A.): An initial court hearing where the judge reviews the financial disclosure, identifies the issues, and gives directions for future steps.

Financial Dispute Resolution (FDR) Hearing: A without-prejudice hearing where a judge provides an indication of what a court might order if the case proceeded to a final hearing. This aims to encourage settlement. Many cases settle at or after an FDR.

Final Hearing: If an agreement cannot be reached, the case proceeds to a final hearing where a judge will hear evidence from both parties and make a binding financial remedy order.

Importance of a Financial Order:

It is highly recommended to obtain a legally binding Financial Remedy Order (often in the form of a Consent Order if an agreement is reached) even if you and your ex-partner agree on financial matters. Without such an order, either party could potentially make future financial claims, even many years after the divorce is finalised.

‍

Why Choose MQ Solicitor Family Law?

• Expertise: Our solicitors are highly experienced and specialised in family law, ensuring you receive the best possible legal advice.

• Compassion: We understand the emotional toll of family disputes and offer a supportive and empathetic approach.

• Client-Focused: Your needs and the well-being of your family are our priority. We tailor our advice and strategy to your unique circumstances.

• Clear Communication: We explain complex legal processes in an understandable way and keep you informed at every stage.

• Solutions-Oriented: We strive to achieve practical and sustainable solutions, whether through negotiation, mediation, or court proceedings.

                                        Contact us today for a confidential consultation to discuss your family law needs

‍