Wrigley Claydon Solicitors

Category: Family Law

  • Family Justice System Reforms

    Family Justice System Reforms

    Changes to the family justice system have now been introduced, which fundamentally change the way that the courts in England and Wales will resolve disputes between families.

    As from 22nd April 2014, Combined Family Courts have been introduced in England and Wales. These courts replace the previous three-tier system and are intended to simplify the process of applying to court and to ensure that disputes are resolved quickly. The most appropriate level of judge will be assigned to the case from the start and the hearings will be heard in the most appropriate location.

    There are also changes to the way in which cases involving children are considered. Gone are the terms “Residence” and “Contact” to be replaced with “child arrangements orders”. It is thought that the new orders will focus far more on meeting the needs of children and less on the rights of the parents.

    The courts will take account of the principle that both separated parents should continue to be involved in their children’s lives’ as long as it is safe to do so.

    Court cases involving children will also be completed in less time than currently. There is a maximum 26 week time limit for completing cases where a child is under the care of the local authority. It is hoped that this will mean speedier and better outcomes for vulnerable children.

    Before you can take most disputes relating to family finances or relating to your children to court, there is now a requirement to attend a mediation information meeting with a qualified mediator. Parties to a dispute may then decide to mediate instead of going to court, which could mean their disputes are resolved more quickly and more cheaply.

    For further information as to how the changes may affect your particular situation, the family team at Wrigley Claydon are able to offer a comprehensive service in all aspects of family law. We offer a free initial 30 minute consultation and, depending upon your circumstances, you may be eligible for legal aid.

    Please call Jill Walker on 0161 6246811 for further information.

    For further details on the reforms you can also visit the Government web page.

  • Oldham Divorce Solicitor says rates are set to rocket this month

    January to see more divorces than any other month with divorce rates set to soar by 80 per cent after the strain of the festive period.

    Oldham Divorce Solicitor Specialist at Wrigley Claydon Jill Walker comments, “It is true that we see an increase in new divorce instructions in January, there can be several reasons for this”:

    • The New Year is a time many of us assess our lives and relationships. This can result is some wishing to initiate a new or fresh start, which can mean terminating a marriage which they feel is no longer working.
    • The emotional and financial pressures of spending time together as a family can be the final straw for some relationships. Existing problems can reach boiling point over the festive period when families spend more time than usual together and issues are brought to the forefront. (Incidentally, the second most popular time for a divorce is September, following the end of the school holidays).
    • The social pressure to enjoy Christmas as a family forces many couples to wait until the New Year. Often they do not want to spoil this time for their children and wider family so wait until the New Year to avoid causing distress during what is meant to be a special time.

    Research from Relate shows figures will increase this month as many struggling couples see the New Year as a new start. The relationship support service said it experienced an increase in calls from December 2012 to January 2013, with 10,608 calls in December and 19,138 calls in January.

    For anyone in the Greater Manchester, Lancashire and Yorkshire area considering a divorce, Jill explains what steps to take,

    “Choosing to divorce your partner is a huge decision to make and it is helpful to understand your legal position. Speaking to a solicitor is often the first step, we can give you advice on your rights, duties and entitlements. We can discuss what your options are, the process of separating and getting divorced. We are here to help and support people through a very difficult time, whilst most importantly helping achieve the desired outcome.”

    Anyone interested in discussing a divorce or other legal query is offered a free 30 minute interview, either at Wrigley Claydon’s free clinic on a Wednesday afternoon or at a time to suit.

    For more advice on divorce proceedings email us on info@wrigleyclaydon.com or to speak to Jill our Oldham Divorce Solicitor Specialist call 0161 624 6811

  • Who is entitled to Legal Aid?

    Legal aid could help pay for legal advice, family mediation or representation in court or at a tribunal.

    In order to apply you’ll be asked general questions about your legal problem and your financial situation.

    You may be able to get legal aid to help with some family matters, however you will need to provide a solicitor with evidence that you are entitled to legal aid. The following guidance explains the steps you will need to take to get that evidence:

    • If you are a victim of domestic violence and are divorcing or separating from an abusive partner

    You can get legal aid to help with the divorce or things such as child contact or how to share money or property, but you will need to give your solicitor some evidence that you have been a victim of domestic violence by your partner.

    • When a child is at risk of abuse from a partner

    You can get legal aid to help with issues such as child contact or removal of a father’s or mother’s parental responsibility, but you must be able to give your solicitor some evidence that child abuse has taken place.

    It is aimed at people on benefits or on very low incomes.

    Significant changes to civil legal aid in England and Wales came into effect on 1 April 2013, as part of a plan to reform the system and save £350m a year.

    The changes mean some types of case are no longer eligible for public funds – including divorce, child contact, welfare benefits, employment, clinical negligence, and housing law except in very limited circumstances.

    Since April nearly all family law advice has been removed from the legal aid scheme. This means people can no longer get funding for divorce or child contact or residence disputes.

    If you would like to us about Legal Aid and whether you think you qualify, please call us on 0161 624 6811.
  • The Adoption Process

    The Adoption Process

    Parents involved in care and the adoption process can take heart from a recent case that came before the Court of Appeal.

    In a judgement given on 17th September 2013 the court set out some clear views about the manner in which such cases should proceed.

    Mr Justice Munby, the President of the Family Division, the most senior of the Family judges, expressed his and the appeal court’s concern about cases that came before the court where there was insufficient analysis of the reasons used to justify and support the case for adoption.

    It was emphasised that adoption, which means a break with a child’s natural family, is a “draconian” step and that the evidence in support of the application must be thorough with a careful analysis of the case both for and against.

    There is also a clear indication that the interests of the child and the importance of the issues involved should not be set aside through a strict application of the timetable procedure for such cases which has recently been tightened and shortened.

    Parents of children in such cases can be encouraged by the knowledge that the Court will be expecting any local authority applicant to meet the high standards of preparation and analysis that these cases deserve, given the issues involved.

    Mr Justice Munby explains,

    “If, despite all, the court does not have the kind of evidence we have identified, and is therefore not properly equipped to decide these issues, then an adjournment must be directed, even if this takes the case over 26 weeks. Where the proposal before the court is for non-consensual adoption, the issues are too grave, the stakes for all are too high, for the outcome to be determined by rigorous adherence to an inflexible timetable and justice thereby potentially denied.”

    The adoption process can be a confusing and overwhelming experience, let us guide and advise you so that we can help you receive the best possible outcome of your case.

    For legal, support, help and advice on the adoption process contact us at Wrigley Claydon on 0161 785 3521. 

  • Do I need a divorce lawyer?

    Deciding that your marriage is over is a hard decision to reach. In addition to your personal feelings there maybe children or other family members who will be affected, and wider financial implications to consider.

    Once you are sure that a permanent split is the only way forward, seeking professional legal advice from a divorce lawyer is recommended.

    If you are ready to proceed here are our top tips from our Divorce Lawyers to help you get started:

    1. If you both accept the marriage is over then this will make the process easier. Try and get the other party to co-operate.
    2. Get hold of your marriage certificate or an official copy.
    3. Make sure you have the correct address for your spouse.
    4. Try and agree some arrangements for your children.
    5. Choose your timing carefully. Is getting a divorce the priority or is it really sorting out the arrangements for the children or finances?
    6. Choose your ground for divorce carefully for a smoother process – eg it may not be worth alleging adultery if it is not admitted.
    7. If using the behaviour ground, do you really need to throw in the kitchen sink as well? Think what you really need to say and don’t over-egg the pudding.
    8. If possible, sort out and agree how the legal and court costs are going to be paid and by whom. Are they to be shared in some way?
    9. Don’t just apply for the decree absolute at the first opportunity without considering the financial implications, particularly if financial matters have not yet been resolved. Remember that the divorce only changes your marital status and does not in itself resolve or conclude any financial arrangements.
    10. Make a new will to reflect your changed circumstances – you don’t have to wait for the final decree (decree absolute) to do this.
    If you would like further information or to talk to a Divorce Lawyer at Wrigley Claydon please call us on 0161 785 3521.

  • Cuts to Legal Aid for Family Law

    Today marks a huge change in the way in which legal advice is funded for families from family lawyers.

    From today, 1st April 2013, those on a low income going through divorce and separation or experiencing difficulties with issues relating to their children, will no longer automatically be eligible to receive Legal Aid to pay for family lawyers.

    Only those cases involving domestic abuse, forced marriage, child abduction or care proceedings, will be eligible for Legal Aid, and only then, after strict criteria have been met.  If couples wish to resolve their dispute then they will either need to fund their own legal action or represent themselves.

    Those who sought public funding before 31st March 2013 will be entitled to continue with their matter using Legal Aid after this date with Wrigley Claydon’s family lawyers.

    Head of the Family Department at Wrigley Claydon Solicitors in Oldham, Jill Walker, says,

    “These changes will have a big impact on the cost of legal advice for many couples.  People who would previously have sought assistance from the Government to help them fund family disputes will no longer have this financial assistance available.”

    To make the funding of  family lawyers more affordable, Wrigley Claydon have introduced a range of fixed fee packages.

    “More clients are looking for cost certainty and want to know exactly what a service will cost before they instruct us to carry it out.”

    Initial free consultations can be arranged to discuss these packages and a free advice clinic for family clients is available at the Oldham office each Wednesday from 12 noon until 4pm.

    If you would like further information or to talk to one of our team of family lawyers at Wrigley Claydon please call us on 0161 785 3521

  • Caring for Children

    The recent decision by the local authority in Rotherham to remove children from the care of foster carers who were members of UKIP raises a number of concerns about what happens to children when they cannot be placed or remain in the care of their parents.

    In the first place the Children Act 1989 makes it clear that the welfare of the children in such cases is the paramount consideration.

    What is also clear is that the focus must be on the welfare needs of the particular children concerned and thus drawing general conclusions from particular instances is often unhelpful. This can lead to the dramatic newspaper headlines recently seen around this matter.

    What would be worrying is if potential foster carers are put off coming forward because of situations like this. There is a balance to be struck and given the shortage of foster carers social services are often faced with situations where an “ideal” foster family placement cannot be found for a child who cannot remain with his or her family. This is particularly so when considering children from ethnic minority backgrounds or with some level of disability.

    In this case we are told that the quality of care offered by the foster carers was not an issue. The question then is how far do we as a society go to address other aspects of the children’s lives in such difficult situations. One cannot help but be left with a feeling that in many instances we get left with having to find the “least worst option” for children.

    Anyone with concerns about cases involving children is encouraged to seek advice and assistance from a solicitor specialising in this area of law. At Wrigley Claydon we have solicitors who are members of the Law Society’s family law panel and also the children panel. These accreditation schemes recognise the experience and expertise of the solicitors in this area of law.

    For further help please call  our family department on 0161 624 6811