Family

Family law is continually changing and, through intensive training and use of IT, we strive at all times to maintain a standard of care and attention, which sets us apart from other firms. Where the breakdown of a marriage is involved, we also concentrate on negotiation and mediation to keep acrimony and bitterness to a minimum, and to reach agreement without resort to costly Court proceedings. Our personal, sympathetic approach is vital in this process.

Following divorce or separation, we are experienced in dealing with such matters as financial settlements, and issues of residence and contact. Clients are kept well informed on time and cost.

For more information specific to this department please email family@mowll.co.uk

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Q1

How long will the Divorce take?

A1

Provided that the other party acknowledges receipt of the Petition for Divorce promptly and does not indicate an intention to defend the proceedings (this is unusual) the Divorce proceedings normally take 4-5 months.

Q2

Will I have to appear at Court in the Divorce Proceedings?

A2

No, evidence is dealt with by way of a sworn document confirming the facts in the Petition. However, if there is a claim for costs against the other party, sometimes it is necessary to appear before the Judge to deal with this issue.

Q3

Who will be dealing with the matter?

A3

This will be Sara Mounsey who is a qualified Solicitor with more than 15 years experience in Family Law and a member of the Family Law Panel and Resolution.

Q4

What happens if my wife/partner refuses to allow me to see the children?

A4

The Court considers the welfare of the children as of paramount importance in family proceedings. It is important that if possible, agreements should be reached over contact with children because court proceedings are expensive and can cause acrimony between the parties. This should be avoided if possible because it can effect the children. If the partners cannot agree reasonable contact then an application can be made to the Court.

Q5

My partner is assaulting me, how quickly can I obtain an injunction?

A5

If the assault is serious involving a physical injury and there is a likelihood that the person will be assaulted again, an application can be made and heard within 24 hours. If appropriate, the application can be made without notifying the other party that it is being made and there would be a further Hearing at which the other party would be entitled to attend and give evidence if they wish to do so. If the assault does not involve physical injury and is more abusive behaviour, it is likely that a letter would be written to the other party and if the assault continued then an application would be made on notice and this would be heard within 10 days.

Q6

Can I get Legal Aid?

A6

This firm no longer undertakes any legal aid work.