News / 04-01-2023 / Bristol, Cardiff, London

A turbulent Christmas and the sense of embarking on a new year can often leave people feeling that they want to make a change for the better or put steps in place to prevent the same things from happening again. Kerry Graham and Rashmita Vadher from our family team, answer some of the frequently asked questions they receive from clients at this time of year:

“My ex-partner did not let me see my daughter over Christmas and did not give me a reason as to why. I have a Court Order in my favour that confirms I should have seen her. What can I do?”

If negotiations have failed, you can apply to the Court to enforce the Order in your favour on an urgent basis. A Court may take a dim view of a parent who has unilaterally breached a Court Order with no good reason and impose penalties for doing so; the ultimate being a shift of the parent with whom a child lives.

“I do not have a Court Order but I want to see my son and my ex-partner will not let me.”

Is there a reason for the breakdown in the relationship? Mediation may be a way forward but if this fails, you can apply to the Court for a Child Arrangements Order. This will take time but if an Order is made this will give you some protection over this happening again.

“I feel my marriage is over and I told my partner over Christmas. What do I do next?”

If your marriage has irretrievably broken down and marriage counselling is not an option, the best way forward would be to seek divorce advice from a family lawyer who will guide you on the next steps. The first questions will surround essential practicalities such as with whom any children should live and who should remain in the family home and for how long.

“I want a quick divorce after a dreadful Christmas.”

There is no such thing as a quick divorce. In fact, once a divorce petition is issued by a Court, there is a four month wait or “cooling off period” between the Conditional Order (formerly known as Decree Nisi) and the Final Order (formerly known as Decree Absolute), the final stage of divorce. You will also need to consider the financial arrangements between you both. If they cannot be agreed, an application to the court may need to be made. Consult with a family lawyer who will take you through the process.

“My girlfriend has asked me to leave our home in which we have lived for 10 years. What do I do?”

Are you a registered owner of the property? If so, your right to reside in the property is protected. If you are not a registered owner, you may take steps to protect your interest. Do you have a Cohabitation Agreement or a Deed of Trust setting out what would happen to the property in the event of the relationship ending? There is never a right or wrong answer as to whether one should leave or not but we can carefully discuss the options with you and advise on any financial interest you may have in the property.

Whatever family issues you are facing, contact us and speak to our highly experienced team about how we can support you.