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Family

Family LawLivingstons for Family Issues

We assist clients with the multitude of problems which arise as a result of disputes within the family. These include divorce/separation, unmarried partnerships, financial settlements, residence (custody), contact (access) and care proceedings.

Divorce/Separation

When a marriage breaks down it can sometimes be best to bring matters to a conclusion as quickly as possible and to divorce straight away. However, this is sometimes not possible or is not the best course whether for emotional, legal or financial reasons. We will explain the options available to you and discuss with you the consequences of each of them. If necessary, we will act on your behalf or, where appropriate, refer you to mediation.

Financial settlements

There are many different answers to the question ‘What is fair in this case?’ We have extensive experience of advising both people with limited incomes and assets and those with high incomes and substantial assets. We will try to tailor a settlement which takes into account the need for maintenance, lump sum, pension sharing or property adjustment. We will always seek to negotiate a settlement. However, where appropriate, we will take robust court action on your behalf. We will also advise on the other financial consequences of the breakdown of a relationship, be they the need to refer for benefits advice, taxation advice or the need to consider a new will.

The Unmarried family

There is a general view that people who live together acquire rights against one another’s property. This is a myth and there is no such thing as the ‘common law’ wife or husband. It is possible however that people who live together acquire rights for reasons other than their cohabitation. We can advise both on how those rights can be acquired and, where appropriate, how to ensure that they do not arise.

Children issues

Disputes can arise regarding contact between parents and their children and about the children’s residence. We advise on all aspects of these problems. Consistent with our philosophy, we will always attempt to negotiate a settlement with the minimum of bitterness and, where appropriate, refer the matter to mediation. However, court proceedings are sometimes necessary and where this is the case we will act on your behalf quickly and firmly. Not all issues surrounding children are between the parents or other family members. On occasions, the local authority steps in and takes the children into care. We are experienced in acting for both parents and grandparents in situations like these.

Family protection

There are occasions when family breakdown is accompanied by violence or harassment. In this situation, the court has the powers to forbid certain behaviour and, where necessary, to order people from their homes. Orders of this type are thankfully uncommon. However, we are fully experienced and can both advise on and obtain such orders where they are needed.

What will it cost?

We offer a first free interview at which we will advise you on the availability of legal aid and, where it is unavailable, the likely costs of any action which we take on your behalf. We will keep the costs issue under review throughout the case and discuss with you the costs consequences of any developments within it. We can if necessary make arrangements with you for payment by regular monthly instalments. We will remain conscious at all times of the need to minimise costs so as to maximise both the assets and the income available for the family.

A Quality service

Relationships break down all too often. When they do, it is important that those involved receive the best possible

advice. It must be independent and legally correct, whilst also acknowledging that family disputes are not contests in which there are winners and losers, but are searches for fair solutions. At Livingstons, we provide just such a service.

Who to contact:

Please contact our family law specialists:

Lisa Dacre in our Ulverston office on 01229 585555 or Sharon Ritchie in our Dalton and Barrow in Furness offices on 01229 462126.

 

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