It has often been said that divorce and moving house are the two most stressful experiences in life. At Hardman & Watson we do our level best to ensure that if you are going through a separation we assist you to get through the experience as painlessly and civilly as is possible.

We are able to assist couples in all sorts of separations including divorce, the dissolution of civil partnerships or indeed where couples who have lived together break up.

Although there is no legal formality required for unmarried couples (or those who are not in registered civil partnerships) to formally dissolve their marriage there may well be issues relating to their children or their financial affairs. We are able to assist in each and every circumstance. 

Where a marriage or civil partnership needs to be dissolved, we are able to undertake the divorce or dissolution process for you efficiently and cost effectively. We offer fixed fee divorces which keep costs manageable and affordable.

Since April of 2014, the Courts have changed the names of certain Orders that were previously available.  Until this point, we used to speak of “Residence” and “Contact” Orders. Residence Orders would say with which parent a child would reside. A Contact Order would define how that child would have contact with another person (most often of course a parent).

A Child Arrangement Order now covers more or less the same topics issues but the labels of Residence and Contact have been removed specifically so as to avoid one parent or other feeling that they are more in control of a child than the other.

The Courts are very much keener to promote shared parenting where at all possible and encourage greater cooperation between separated parents.

It will still be the case that more often than not a child will be considered to reside with one parent more than the other but the removal of labels such as “Residence” is intended to foster more cooperative behavior. At the end of the day it is the welfare of the children concerned which should always be the propriety not just of the Courts but of the parents involved.

At Hardman & Watson we have extensive experience of dealing with disputes between parents and of working with those parents to try and achieve an agreement which will work for the family and especially the children.

Contact us for an initial fixed-fee consultation to discuss how we may be able to help you.

When couples separate there will almost inevitably be issues between them as to jointly owned property and other assets.

The starting point when looking at how to resolve financial issues between separating partners will often in the first instance depend upon how they are related. For married couples (or those in a civil partnership) the Courts have wide ranging powers to direct financial settlements between them. In essence, the Courts have jurisdiction to make an Order which they consider fair in all of the circumstances of the case. The Courts are able to deal broadly with any sort of asset including property, cash, assets such as vehicles and pensions. 

With couples who are not in a legally recognised sort of relationship (i.e. those who are not married or in a civil partnership) then the way in which they can resolve disputes in a legal manner is far more limited.

Under the Trusts of Land and Appointment of Trustees Act, the Courts have powers to make declarations as to the partner’s respective shares in jointly owned property (or sometimes property which is owned only by one of them). In relation to other assets such as cars and so on the Courts have far more limited powers and generally speaking these are limited only to ex-partners proving that certain things specifically belong to them.

Hardman and Watson are highly experienced in dealing with financial issues following the breakdown of a relationship. We aim to resolve matters quickly and if possible, without the need of Court proceedings.

Contact us for an initial free consultation where we can discuss how we can assist you further.

Very often we see disputes involving property which is jointly owned between 2 people, often who have been in a relationship.

When couples are married and co-own property usually falls for any argument over who owns what shares in that property to be decided as part and parcel of a financial settlement to do with a Divorce. A dispute will also potentially include whether one partner gets to remain in the house or whether it has to be sold. Where the property is jointly owned of course, if it not to be sold it will usually be transferred into the sole name of one or other of the co-owners.

Around this, there may also be issues about Mortgages held on property as these will usually also be in joint names. Plainly one partner who is not going to have an interest in a jointly owned property in the future is not likely to want to be saddled with liability for the mortgage over that property in those circumstances. 

Where property is co-owned and between people who are not married the law has far more limited scope to assist. Proceedings under the Trust of Land and the Appointment of Trustees Act may have to be used to resolve disputes of this kind. 

At Hardman & Watson we have experience of dealing with all sorts of disputes of a jointly owned property and we will do our best to see if matters can be agreed between the co-owners without the need for expensive and contentious Court Proceedings.

Often in family law situations there will be a dispute between ex-partners (or even family members) as to who will continue living in a family home and who, if either will have to move out. 

Where a property is jointly owned of course both co-owners have the right to occupy it and neither is necessarily going to agree to move out. Often separating families or partners will be reluctant for one to move out in case they think they will lose their rights over the property. 

Sometimes of course this is simply unworkable for families remaining together, particularly if children are involved and parents simply cannot get along. 

An Occupation Order is often a relatively temporary remedy but sufficient to move negotiations on where couples are separating and arguing over their joint assets and so on. If nothing else an Occupation Order may have to be made in circumstances where children are in need of accommodation. 

Sadly it is sometimes necessary for our clients to have to seek protection for themselves from ex-partners (or occasionally members of their own family) by way of a “Non-Molestation Order”. A Non-Molestation Order is an injunction so it is essentially a Court Order that prohibits somebody from taking a particular course of action. 

Non-Molestation Order is usually so that the person who the Order is sought against may not take steps to anger, harass or use violence or indeed intimidate or otherwise take any steps to upset the person in whose favour the injunction is made. 

If a person who has had a Non-Molestation Order made against them breaches that Order then they are immediately arrestable by the Police. When an Order of this kind is made a copy will always be sent to the police control room so that they have a record of this and can make appropriate arrests if necessary. 

At Hardman & Watson we have much experience in dealing with proceedings of the kind. Occupation Orders will very often go hand in glove with Non-Molestation Orders (see our page about Non-Molestation Orders) where there has been violence or abuse between families. 

These are sensitive issues and need to be dealt with, most usually, on an urgent basis. Please note, Hardman and Watson are unable to offer Legal Aid.