Naturally the most important consideration for parents who separate is the future arrangements for their children and how these will be decided.  The most important one is residence.  Will the children live with one parent and see the other one regularly or will they share residence, spending time with both parents each week?

There may be specific issues to be determined such as a child’s education or religious upbringing or you may need to discuss travel abroad either for a holiday or a permanent move. Ideally parents will be able to reach an agreement and there will be no need to involve solicitors or the courts. However, sometimes parents will need legal advice.

Morgan & Richardson can advise parents on all of these matters. We have a pragmatic, child focused approach and put the child’s interests first when considering solutions with you. It is always best to reach agreement where possible and there are a number of ways this can be achieved such as mediation, negotiation between solicitors or a collaborative approach before seeking help from the Court.

In fact Court action should always be a last resort where all other attempts to agree a solution have failed.

We have a wealth of experience in these cases and will listen carefully and sympathetically to what you have to say before outlining your options. We understand that going to Court about your children is very stressful and so we will guide you through it every step of the way.

Relationship breakdown can be confusing and very upsetting whether you are married, living together or in a civil partnership.  Morgan & Richardson will steer you through the process.  We deal with a wide range of cases, advising people whose resources are tight as well as those where there are substantial assets in property and investments. We will be mindful of your family means and will focus on reaching a settlement that meets the needs of your family. We will advise you of the likely costs throughout. We support mediation and actively encourage settlement without the need for lengthy and costly Court proceedings.

Emotions run high when marriages break down which is why it is best to consult someone who can provide you with clear and pragmatic advice.

You need to try and agree how the family assets will be split and we have a wealth of experience in these cases.  We can help you to determine whether you can remain living in the family home or whether it will have to be sold and if so, how the proceeds and other capital assets should be divided.  In addition, we can advise you whether you have a claim for maintenance from your spouse and the appropriate level of maintenance for your children. Each party’s pensions also need to be scrutinised to establish whether there needs to be a pension sharing order in order to make retirement income fair.

Cohabitation has no specific legal responsibilities unless you own property together. In England and Wales legally a “common law husband or wife” is not recognised which is why sorting out finances and property ownership can be very complicated when you are not married. We have in-depth knowledge and understanding of the highly complex and changing legal framework which governs these disputes and can help you resolve them in a fair and cost effective way.

It is wise to consider reaching an agreement with your partner as to how you wish to hold the assets prior to cohabitation. We can help you draft a cohabitation agreement or a declaration of trust for your property so that you both know exactly how your assets would be divided in the sad event that your relationship breaks down.

Unmarried parents’ rights are very different to that of married parents when it comes to financial support following relationship breakdown. If you are the principle carer of your child you will need a suitable home and regular financial support after separation. We can advise and guide you through this process.