Birkett & Co
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What should I consider before moving in with my partner?
Many couples begin the new year with the prospect of buying their first home with their significant other. While it can be exciting it is also very important to approach the situation with careful consideration.
What is Post-separation Abuse?
Post-separation abuse refers to abusive behaviours perpetrated by an abuser that occur once the relationship has ended. Are you being subjected to post-separation abuse?
Domestic Abuse in Financial Proceedings
Our Principal Solicitor, Jacquie Birkett offers valuable insight into Resolution’s report on how Domestic Abuse is addressed in Financial Proceedings.
What is a Child Arrangements Order?
Parents should try to act as amicably as possible following separation in order to facilitate child arrangements by agreement and to avoid use of the legal system where possible.
What are my rights as a non-resident parent?
If you are no longer living in the same household as your child due to separation and you have become the non-resident parent then you may wonder what rights you have.
What is Child Maintenance?
When you are going through a relationship breakdown, making financial arrangements with the other parent for your child and their day-to-day expenses is essential for maintaining your child’s care and their upbringing.
Separating after the holidays
The holidays are perceived to be a time of the year whereby families get along and spend quality time together which can cause those who are wanting to separate from their partner to feel disappointed and confused.
Family Law Solicitors
Specialist, sensitive and exceptional family lawyers in Ramsbottom, Greater Manchester.
What happens when we can’t agree our child’s school?
If you can’t agree on what school your child will go to or you are having any other family disputes, then we are able to assist and guide you on what the best course of action to take is given the circumstances of the case.
Resolution – More rights for Unmarried Couples?
Resolution calls for more rights for unmarried couples. Will the law change to better protect those with little legal protection?
What is Child Abduction?
Under the Child Abduction Act of 1984, it is a criminal offence for anyone connected with a child to take them out of the jurisdiction for more than 28 days without the consent of those with parental responsibility for that child.
What happens to the house in a divorce?
Trying to reach an agreement in relation to what is considered one of the most valuable assets of a marriage, can seem daunting and discouraging however, our experts discuss below what happens to the house in the event of divorce.
Tips for travelling abroad with children as a separated parent
We know it can be a challenging time of the year for separated parents, especially when your relationship with your co-parent is fractured and made even more unbearable when it comes to discussing plans for the children over the holidays. Here our legal experts share some of their top tips for you to consider as a separated parent over the holidays.
Do I need permission to take our child on holiday?
Separated parents often have questions pertaining to legal implications they may have to consider, in particular whether they need the other parent’s permission to take their child on holiday.
Unmarried couples: Legal property rights upon separation
When it comes to advising unmarried couples and their legal rights to property upon separation, it is important to know that unmarried couples do not share the same luxury as those who are married or in a civil partnership.
What is “Reactive Abuse”?
Have you ever retaliated and been blamed for simply reacting to your partner’s bad behaviour? By raising your voice in frustration, and suddenly, you become the ‘angry one’. This is known as “reactive abuse”.
Changes to the Family Procedure Rules
Recent changes to the Family Procedure Rules promote the courts power to encourage those in proceedings relating to children or contested financial remedy proceedings to attend a form of non-court dispute resolution.
Who keeps the dog?
Pets are no doubt precious members of so many families but one of the issues that arises time and time again is couples disputing who gets to keep the dog in the event of a relationship breakdown.
What is parental responsibility?
Our family law experts will discuss everything you need to know about parental responsibility.
Purchasing a property as an unmarried couple
If you are considering purchasing a property together as an unmarried couple, a Cohabitation agreement can protect your legal position if you and your partner were to separate.
What is TOLATA?
TOLATA stands for The Trusts of Land and Appointment of Trustees Act 1996. Claims brought under this statutory provision are legal actions to resolve property disputes over the ownership of property or land.
What financial claims can an unmarried parent make?
Schedule 1 to the Children Act 1989 gives the court powers to make financial provision for children upon application by the parent with whom the child lives (resident parent).
What is Parental Alienation?
The term “parental alienation” is not defined by statute however, it is an issue that is becoming increasingly common in Family Law proceedings. Click here to find out more…
Domestic abuse: Sharing ownership of the property we live in
Here are the legal options you may want to consider when you are living with an abusive partner and you share ownership of the property you live in.
Non-molestation and Occupation Orders
Both of these orders aim to protect individuals from further harm and they promote the safety of the individual and/or any relevant child.
What is gaslighting?
Gaslighting is a form of emotional abuse whereby the abuser gains complete control over their partners mind through emotional manipulation. If you think you are in an abusive relationship read our blog to help you recognise if you are in an abusive relationship.
How long does it take to get a divorce?
All applications made on or after the 6th April 2022 are applied for on a no-fault basis. This means neither party has to attribute blame to one another for the reason of their marriage breakdown. The timeline for getting a divorce finalised is a minimum of 26 weeks based upon the new legislation.
What is a Financial Order?
When you initiate divorce proceedings it is imperative to have a Financial Order so no claims can be made against you in the future.
Divorce and Cost of Living Pressures
Many people believe that financial pressures in marriages are one of the main reasons for divorce. However, this year research suggests financial pressures are the very thing keeping couples together.
How long after divorce can you claim pension?
In England and Wales, there is no time limit for making a claim against your ex-spouse’s pension following divorce, as long as a financial order has not already been made.
Protecting your retirement position on divorce
Pensions provide stability, consistency and support you financially during retirement. We believe it is vital to know and to share how you can make the initial steps for protecting your future retirement position on divorce.
Is Inheritance included in a divorce settlement?
Below we have provided some general guidance on how inheritance is treated in the event of a divorce.
What are Matrimonial and Non-Matrimonial Assets?
When couples divorce, it is commonly believed that all assets are split equally between parties however this is rarely the case. The reason behind this is when assets are put into the ‘matrimonial pot’ ready for dividing between parties it is important to distinguish between matrimonial and non-matrimonial assets.
Making Child Arrangements after Divorce – Parenting Plans and More
Here we discuss and advise divorcing couples the options that are available when making child arrangements.
What happens to property I owned before marriage?
The way in which property or properties are treated within a marriage ultimately determines how it will be dealt with in a divorce settlement.
Can I still get a divorce if my spouse doesn’t want to?
It is possible for you to obtain a divorce without the agreement of your spouse. Here is how it is possible…
Can I afford to divorce my spouse?
Divorce is a major event that can have an impact upon all aspects of your life and more importantly it can alter your financial position which may leave you questioning yourself, can I afford a divorce?
Separation Solicitors
Separation can be a difficult and emotional time, and it is important to have someone who can help you navigate the legal and financial aspects of the process. A separation solicitor can provide you with the advice and representation you need to protect your rights and interests.
What is a Separation Agreement?
A Separation Agreement is useful if you have not determined whether to apply for a divorce or dissolve your civil partnership. It is a written agreement setting out the terms of your separation including how your assets, debts and responsibilities for their children will be divided between you both…
3 Things to consider before separating from your spouse
If you are considering separating it is important to be aware of the options available to you before making any decisions. There are many different things to consider when you are thinking of separating including finances, children and living arrangements. It is also important to understand your legal rights and options that are available to you.
Legal rights as a Cohabiting parent
If you are an unmarried couple but are cohabiting it is important to know your legal rights and to protect your assets, property and especially your children with a Cohabitation Agreement.
Do I need a Cohabitation Agreement?
Cohabitating couples do not realise that they do not have the automatic right to claim a share in the family home or their partner’s finances if they were to end the relationship unless they have a Cohabitation Agreement…
Financial Abuse: What is it and what are the signs?
Our domestic abuse solicitors help you in being able to spot the signs and tactics used in financial abuse.
Domestic Abuse Solicitors
Our specialist solicitors help those who experience domestic abuse by offering professional tailored legal advice and presenting the legal options you have in order to protect yourself.
Signs of Coercive Control in Co-Parenting
Co-parenting with an abusive ex-partner is problematic and extremely draining as the abusive parent may perceive co-parenting as an opportunity for continuous abuse.
Coercive Control – Recognising the signs
Coercive behaviour is defined as: an act or pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to frighten the victim.”
Successful Co-Parenting – 5 Essential Tips
1 in 3 children under the age 16 will experience their parents separating, it can be overwhelming for the family as a whole but here are some tips to guide you in co-parenting.
Co-parenting and Communication Advice
Communication is vital in achieving successful co-parenting following your separation. We understand in some cases communicating with your ex-partner can be challenging although when you have children together it is important to try to communicate the best you can and share equal responsibilities and duties for your children.
Can I stop Child Contact?
The other parent should not stop you from spending time with your child unless your child’s safety or welfare is at risk. No parent should be denied spending time with their child unless the other parent believes there is a risk to the child’s safety or welfare.
Child Arrangements Advice after Separation or Divorce
Child Arrangements Advice from Family Law Solicitors when going through a separation or divorce.
Rights to Property after Separation or Divorce
We provide solutions that are available to you regarding your rights to property after Separation or Divorce.
Your Divorce Questions Answered by Our Experts
Our straight-forward yet specialist answers to your most searched questions when considering getting a divorce.
No-Fault Divorce
Birkett and Co Solicitors provide you with a straightforward explanation of the amendments made and new procedure that applies in No-Fault Divorce.
Pension Sharing and Divorce explained
Pensions are a valuable matrimonial asset that are often overlooked in Financial Settlements. Here’s a useful explanation on understanding how Pensions in divorce are dealt with.
Helping you understand Financial Settlements in Divorce
It is vital to negotiate a financial settlement on the breakdown of a marriage. Such a settlement means both parties can move on into the future certain of their financial position.
What is a narcissist?
When you are dealing with a former partner who has narcissistic tendencies, help and guidance from a domestic abuse expert will guide you throughout the process. We are specialists in identifying tactics and are able to anticipate how to approach the abuser.