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Family Law Solicitors in Hackney

Going through a divorce or separation is never easy. Our experienced family law solicitors in Hackney understand this and provide a tailored service that will guide you through the necessary legal steps while ensuring you have the expert representation you need.

We will work with you to establish the best outcome for you and your family and discuss what you can realistically expect to achieve from a divorce or separation, including financial matters and arrangements for children. We also deal with non-contentious family law issues, including pre-nuptial agreements, adoption, and surrogacy.

At OTS Solicitors, our family law advice and services include:

Divorce and separation
Cohabitation and unmarried family
Family mediation and Dispute Resolution
Domestic Violence, Injunctions and Emergency Remedies
Pre-nuptial and Post-nuptial agreements
Children and Childcare arrangements
International adoption
Surrogacy

Contact our family law solicitors in Hackney

To speak to expert family law and divorce solicitors in Hackney, call us on 0203 959 9123 or use our contact form.

Our family law services in Hackney

Divorce and Separation

When a relationship formally ends, related matters must be addressed at the same time as applying for a divorce. Our Divorce and Separation solicitors will explain the process to you and ensure that issues are dealt with correctly, protecting your interests and securing the financial order you need for the future.

Our divorce and separation solicitors have comprehensive expertise in bringing clients the outcomes they deserve from even the most complex cases. We can help with a wide variety of divorce and separation-related issues, which are outlined

Pensions and Divorce–Pensions can be shared in divorce, including splitting off part of one party’s pension to provide for the other party. We can discuss the available options and what you would prefer to happen. If you want to retain a pension, it may be possible to do this by substituting a larger share of other assets.

Property and Divorce–It can be difficult to decide what will happen to a shared property in divorce. We always aim to find the right solution without the need for litigation. This could be by transferring a house into one party’s name in return for other assets, such as savings or pension provision, or by remortgaging or deferring a sale until any children living there are 18.

Divorce Guide–We provide comprehensive family law advice on the divorce process. We will give you a clear assessment of your position and what you can expect to achieve and answer any questions you may have.

High Net Worth Divorce–If you have a substantial level of assets, you need family solicitors with experience handling high net worth divorce cases, which are more complex and require a sound strategy to achieve a strong settlement. Our divorce lawyers regularly represent clients in high net worth cases, and we can work with you to secure the best possible financial order.

Financial Dispute on Divorce–If you are involved in a financial dispute during your divorce, we offer the robust representation you need. While we always aim to resolve matters out of court, we will prepare a strong case for trial where necessary.

Dissolution of Civil Partnership–We can act for you if you intend to dissolve your civil partnership. This follows a similar process to divorce, and we will also deal with related points, including having a financial order made.

Matrimonial and Divorce Proceedings–Our expert solicitors deal with all types of matrimonial and divorce proceedings. We will talk through the process with you, ensuring you know what to expect every step of the way.

Cohabitation and Unmarried Family

Unmarried couples have fewer rights than married couples, but you may have a valid legal claim over shared property, even if it is not in your name. If you have contributed towards the home on the understanding that you will have an interest in it, our Cohabitation and Unmarried Family solicitors will represent you in making a claim under the Trusts of Land and Appointment of Trustees Act 1996, also referred to as TOLATA.

Family Mediation and Dispute Resolution

Mediation and other forms of alternative dispute resolution are often effective ways of resolving disagreements during the divorce and separation process. We always aim to find a solution without needing court hearings, and we can advise you on the best way forward, which could be negotiation, mediation, or arbitration.

Our Family Mediation and Dispute Resolution solicitors appreciate the detriment that litigation can have on a family and always seek to preserve relationships through mediation where possible. As members of Resolution, we strive to provide conciliatory solutions that put your family first.

Domestic Violence, Injunctions, and Emergency Remedies

If you have suffered domestic violence, our Domestic Violence, Injunctions, and Emergency Remedies solicitors can take immediate action to protect you and your family from any further abuse. Where necessary, we will ask the court for an injunction. This could be a non-molestation order, preventing your abuser from approaching, harassing or harming you, or an occupation order, which will set out whether they can enter your home and, if so, which areas they are restricted from.

Pre-Nuptial and Post-Nuptial Agreements

If you will be marrying, a pre-nuptial agreement can provide details of how financial and other matters will be handled, both during your marriage and in the event that it ends. Our Pre-Nuptial and Post-Nuptial Agreements solicitors can discuss what provisions can be made in the agreement, including how property and other assets would be divided in a divorce and how liabilities will be dealt with.

A pre-nuptial agreement can ensure that you start this new phase of your life openly, with difficult financial issues discussed in advance. This can help you avoid misunderstandings or disagreements. If your relationship were to end, having a pre-nuptial agreement will often make the divorce process faster and less contentious.

A similar agreement, known as a post-nuptial agreement, can be made for couples who are already married. This can be particularly useful if one party has more assets than the other, for example, if they have received an inheritance or if one party will be giving up their career to raise a family, which could put them in a weaker financial position. It can also protect assets for those who want to provide for children from a previous relationship.

>Children and Childcare Arrangements

Making arrangements for children after the breakdown of a relationship can be hard. We can discuss the options and work with you to put a child arrangements order in place, negotiating with the solicitor for your child’s other parent where necessary.

Our expert Children and Childcare Arrangements solicitors will provide expert advice, tailored to you situation, on a number of child law services, including child abduction, maintenance and child support, special guardianship orders, Specific Issue & Prohibited Steps Orders and grandparents’ rights.

International Adoption

If you hope to adopt a child from overseas, our International Adoption lawyers can guide you through the process. We will ensure that the adoption is recognised in the UK, apply for an adoption order where necessary, and check that you have the parental rights you need regarding the new addition to your family.

Surrogacy

For those hoping to add to their family through surrogacy, we can provide the advice you need. We will draft a surrogacy agreement and apply it to the courts for a parental order. Our Surrogacy solicitors also deal with international surrogacy, including the UK entry process.

Why choose our family law solicitors in Hackney?

Our family and child law solicitors in Hackney have experience across a full range of family law issues and an outstanding reputation for the legal representation we offer and for our high service standards.

We always aim to resolve matters with minimal conflict. Our team includes members of Resolution, the family law group who prioritise finding non-contentious solutions.

We are accredited by the Law Society for our expertise in Child and Family Law. We also provide various related services, including property transfers, remortgages, conveyancing and Will drafting.

For more information on our services, see our divorce and family law page.

Contact our family law solicitors in Hackney

To speak to expert family law and divorce solicitors in Hackney, call us on 0203 959 9123 or use our contact form.

Your Questions and our answers about Family Law Solicitors in Hackney

Despite your partner residing in the British Virgin Islands, you may still be able to initiate divorce proceedings in the UK given certain conditions. However, legal advice tailored to your situation is crucial. There are support networks and legal aid may be available to help guide you through this process, especially when it comes to child custody, financial support, and the divorce itself. For more information, please contact us on 02039599123 or click here

If you’ve entered the UK on a dependent visa, the cancellation or withdrawal of a dependent visa isn’t a decision solely within the rights of the sponsor without valid grounds. While your spouse, as the sponsor, might have some influence over the visa status, demanding money or threatening to cancel your visa without justifiable reasons isn’t within their rights. The decision ultimately lies with the Home Office, and they may consider various factors when reviewing your application, including the reasons for your absences and your ties to the UK. For more information, please contact us on 02039599123 or click here

You may be able to apply for an order such as a Specific Issue Order or a Prohibited Steps Order, that can address matters regarding children, including permission to take a child abroad. A Specific Issue Order is used to address a particular issue concerning a child’s upbringing when parents cannot agree, such as whether a child should travel abroad.

However, before applying for such an order, it’s advisable to attempt to reach an agreement with the other parent regarding the proposed travel plans. If an agreement cannot be reached and there are concerns or disagreements about taking the child abroad please contact us regarding the next steps on 02039599123 or click here

Thank you for your enquiry.

You do not mention if the family home is owned by your husband or is owned by you or in your joint names. If your husband owns the family home, it is important that you register a matrimonial homes right notice to protect your interests. The notice will expire with the decree absolute of divorce but can be extended if you have not reached a financial settlement or you can delay applying to finalise the divorce proceedings.

If you cannot reach agreement on whether you should continue to live in the family home then if one of you starts divorce proceedings then either one of you can start financial court proceedings and ask a judge to decide how your assets, including the family home, are split. When deciding on whether it is feasible for you to stay in the family home the court would look at a range of factors, including your housing needs and the options of the house being sold or transferred to you.

We would need more information about the family home and your other assets before being able to advise you on the likely financial settlement options , for example information on the equity in the family home as well as details of other investments.

You do need family law advice on starting divorce proceedings, the likely prospects of your staying at the family home and your financial settlement options. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.

Please note the answer provided above is for information purposes only. It does not constitute legal advice. In order for OTS Solicitors to provide legal advice you would need to instruct OTS Solicitors family law team. If you would like to proceed with legal advice and consult with our family law solicitors please call us on 0203 959 9123.

Thank you for your enquiry.

Although there are no children court orders in place to stop you from taking the children abroad (a prohibited steps order) the law says that if you take the children to Pakistan without the agreement of your former wife or a UK court order giving you permission to take the children abroad on holiday you are “abducting” the children .

You should therefore not take the children out of the UK without first getting the agreement of your former wife in writing to any planned trip or a court order giving you permission to take the children out of the UK for the purposes of a holiday.

It may be the case that your former wife is objecting to the trip for the children to see your parents if the children spent the whole summer in Pakistan last year? If that is the case you could agree that the children spend longer with her during the week or during other shorter school holidays or that the children will go to Pakistan every year but for say three or four weeks or on alternate years for the full summer holiday.

If you cannot resolve matters with your former wife then you will need advice on starting children court proceedings for an order to let you take the children to Pakistan. When deciding whether to make an order the court will look at what it considers to be in the best interests of your children.

You do need family law advice on taking your children abroad on holiday. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.

Thank you for your enquiry.

Under current English divorce law you normally have to be married for at least one year before you can start divorce proceedings. You could separate from your husband now and get divorced in six months if you have the grounds to start divorce proceedings. We would need to speak with you to discuss whether you have the grounds to start divorce proceedings.

It is important that you are aware that you do not always need a spouse’s agreement to get a divorce. Agreement is only necessary if you start divorce proceedings based on two years separation with your spouse consenting to a divorce. There are other ways or grounds to get a divorce.

If you decide to separate now it may be sensible to sign a separation agreement. At the time of the divorce proceedings, the separation agreement could be converted into a financial court order to prevent either you or your husband making any further financial claims against one another.

If you are not a UK citizen, it is important that you take immigration law advice before you separate from your husband or start divorce proceedings. This is because your immigration status could be affected by the separation or divorce.

You do need family law advice on a separation agreement or divorce proceedings and your financial settlement options. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.

Thank you for your enquiry. We are sorry to hear about the problems you are experiencing in seeing your children as much as you would like after your separation from your former partner.

If you cannot reach an agreement with your former partner over the amount of time the children should spend with you then you could apply to the court for a child arrangements order. This order is the new name for an access order or contact order. A child arrangements order will set out how much time the children should spend with you each week and can cover holiday contact as well.

When the court is deciding on an appropriate child arrangements order and contact the court will take into account the children’s wishes.

In relation to costs, the general rule is that a mother and father will pay their own legal costs of applying for a child arrangements order or responding to an application for a child arrangements order. It is very rare for in a children court case for a judge to order that one parent pays all or a share of the other parent’s legal fees. The conduct of one parent would need to be quite extreme for the court to consider making a costs order.

If you take legal advice, you may be able to agree an increase in contact with your children with your former partner through solicitor negotiations. That would avoid the need for a court application.

To discuss your situation and your children law options we would need to see you. We can give you expert children law advice and advise you on the best way forward and the cost of applying for a child arrangements order. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.

Thank you for your enquiry.

If you have decided to separate from your civil partner, you can apply to the family court to dissolve your civil partnership. Dissolving a civil partnership is like starting divorce proceedings, as it is a very similar court process.

Under current English family law, it is not possible to get a no fault divorce or dissolution of civil partnership. That means that in order to start dissolution of civil partnership proceedings you would need to prove one of a number of grounds to dissolve the civil partnership. We would need to meet you and discuss your situation in order to advise you on the relevant ground for the dissolution of your civil partnership.

When the court dissolves a civil partnership, the court also has the power, on the application of either civil partner, to make financial court orders. These orders can be made either by agreement or after a court hearing when the judge decides how family assets should be split. A judge can order the sale or transfer of property, cash or lump sum payments, pension sharing orders or maintenance.

It is important that you take legal advice on your financial settlement options and if civil partnership dissolution proceedings are started that you secure a financial court order. This is important as without a financial court order either you or your civil partner could bring future financial claims against one another.

You do need family law advice on your civil partnership dissolution and financial settlement options. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.

Thank you for your enquiry.

Under current UK family law, a prenuptial agreement is not a legally binding document. That means the contents of a prenuptial agreement will not be automatically upheld by a divorce court should you marry your fiancée and subsequently divorce and financial court proceedings are started.

However, a well-prepared prenuptial agreement will carry weight with a divorce court when the court is considering what financial award to make in divorce and financial court proceedings. Therefore, it is important that you do sign a prenuptial agreement prior to your marriage to your fiancée.

If you marry without a prenuptial agreement in place, the divorce court could award your fiancée far more than the court would have done if a prenuptial agreement had been signed before the wedding.

In order for the prenuptial agreement to carry weight in any future divorce proceedings the agreement will need to be prepared well in advance of the wedding date and you will both need to take legal advice on the contents of the prenuptial agreement document. In your situation, there may also be jurisdiction issues.

The first step is to discuss what you would like to put in your prenuptial agreement. A solicitor can guide you on the options taking into account your personal and financial circumstances.

Thank you for your enquiry.

If the house is owned in the sole name of your boyfriend then he is the legal owner. This could be changed as he could agree to transfer the property into your joint names. At the same time as the transfer of the property into joint names, the two of you could draw up a cohabitation agreement to set out the percentage of the equity in the house that you would each receive if you split up and the house is sold or transferred into your sole name or back into your boyfriend’s sole name. The percentage split in the cohabitation agreement could reflect the amount of equity in the property at the time of the transfer into joint names and the amount that you will both contribute towards the mortgage or home improvements.

If the property continues to be owned in your partner’s sole name, you could make a claim against the property if you split up and you can establish a ‘’beneficial interest ‘’ in the property. Alternatively, housing claims (known as schedule one claims) could be made if you have children together.

Whether the property is transferred into joint names or not a cohabitation agreement should be drawn up to avoid expensive court proceedings if you do split up. The cohabitation agreement should avoid arguments about the extent of your interest in the growth in equity in the property.

The family law team at OTS Solicitors can help you prepare a cohabitation agreement. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.

Thank you for your enquiry.

It is possible to start divorce proceedings without including your address in the divorce petition or in any of the court paperwork sent to your husband by the divorce court.

If you need to resolve financial claims, for example ownership of the family home or maintenance for yourself or a share of your husband’s pension, it is possible to start financial court proceedings without having to disclose your address to your husband.

If you have ongoing domestic violence or harassment concerns, you could also consider the option of applying to the family court for an injunction order. This type of court order is called a non-molestation injunction. The injunction order would prevent your husband from harassing you.

If you have children and are worried about their safety or welfare then the family court can also make orders to protect your children.

As you do need expert divorce advice we would ask you to call us on 0203 959 9123 to arrange an appointment with a member of the family law team to discuss your divorce options and to see how we can help you.

Thank you for your enquiry.

If your separation is amicable, you and your husband should talk about what you want to do with the joint savings account. If the separation is amicable and you take all the savings or half the money out of the joint savings account without first discussing your plans with your husband then this may make it harder to reach an agreed financial settlement.

As your savings account is a joint account, either you or your husband could take the savings from the bank account. In addition, if the account has an overdraft facility potentially either of you could take money out on overdraft. This means that if your separation is not amicable your husband could withdraw all the money. If money is taken out on overdraft then because the account is a joint one you and your husband are both jointly and severally liable for the whole of the overdraft.

Accordingly, if there are trust issues between you and your husband and you are worried that the account has an overdraft facility on it you could ask the bank to freeze the account. That means neither one of you could take any money out of the account nor use the overdraft facility until the account is unfrozen.

Whether you should take out money from the joint savings account depends on your detailed personal and financial circumstances. You should therefore take legal advice on your separation, including whether you are both going to continue living at the family home during the divorce proceedings and your financial settlement options. This discussion will help determine what steps you should take about the joint savings account, although if you fear that your husband will quickly withdraw the money without his discussing it first with you then you could chose to freeze the account to preserve the funds and then take legal advice.

You do need family law advice on starting divorce proceedings and your financial settlement options. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.