Top Family & Divorce Solicitors in Essex

The Divorce, Dissolution, and Separation Act 2020 took effect in England and Wales on April 6, 2022, changing how divorce is handled. The act removes the need to assign blame for the end of the marriage, and the only stipulation for divorce is that it must be proven that the marriage is irretrievably broken. Either party or both parties can apply for a divorce without assigning blame. The petition can only be contested in exceptional circumstances, such as a challenge to the validity of the marriage or jurisdictional reasons. The minimum time for a marriage to be dissolved is 26 weeks, beginning with the application for divorce and ending with the Final Order. The first 20 weeks are meant for couples to reflect on the decision to end their marriage, while the remaining six weeks are between the Conditional Order and the Final Order. The time taken to the divorce may be longer, depending on the speed of the application process and court proceedings.

When a relationship breaks down, there are usually assets that will need to be divided. As experienced specialists in this area, we can deal with financial disputes ranging from straightforward cases (for example, whereby the main asset is the former matrimonial home) to higher value, more complex matters involving companies, trusts, and investments in this jurisdiction and abroad.

Our specialist team of family lawyers has a wealth of experience in dealing with complex cases, such as those where a husband or wife deliberately tries to conceal or dispose of assets. Detailed investigations are required to trace those assets.  We also have extensive experience dealing with cases where injunctions are needed to freeze assets.

Our firm specialises in providing expert advice and representation in all legal matters concerning children. Our areas of expertise include Child Arrangements Orders, which set out arrangements for a child’s living situation and visitation with another parent or person, as well as Specific Issue Orders that give the court power to decide on specific disputes between parents, such as school choice or medical procedures. We also handle Parental Responsibility Orders that provide the court power to grant unmarried fathers parental responsibility and Prohibited Steps Orders that stop a parent from taking specific actions, such as changing schools or taking the child out of the country.

Additionally, we handle cases involving Removal from the Country, Abduction, Change of Child’s Surname, and Injunctions, where the court can make orders to prevent physical or emotional violence towards children by a parent. While the Child Maintenance Service deals with most Child Maintenance cases, we can also assist in limited circumstances where the court can order a parent to pay child maintenance in divorce proceedings, such as school fees, disability, and high-income cases. Trust our team of experts to provide comprehensive advice and representation in any legal matter concerning children.

When couples live together, and their relationship breaks down, they may think they have the same legal rights as married couples. However, English law does not recognise the concept of a “common law spouse”, and cohabiting couples do not have the same legal remedies as divorcing couples. As specialist family law solicitors, we can help cohabiting couples understand their legal rights, including the limited claims available for maintenance or pensions. The court can only award a partner more than they are entitled to if they have contributed more towards the property, such as paying the deposit, the mortgage, or carrying out major renovations. Cohabitation agreements, or living together agreements, can help clarify ownership of assets, contributions, and rights and responsibilities in the future. This can help avoid litigation in the event of a separation, and many couples report that it improves communication between them and enhances their relationship.

For couples getting married, pre-nuptial or pre-marital agreements can help clarify ownership of assets and make provisions for what should happen to income and assets in case of a separation or divorce. While these agreements are not legally binding, they are increasingly being taken into account provided a court is satisfied that they are fair and that both parties understand what they were entering into. These agreements can benefit second marriages or when one or both parties have come to the relationship with the assets and income they want to protect.

We specialise in providing expert legal advice and assistance to same-sex couples, whether you’re planning to live together or enter into a civil partnership or marriage. Our team is highly knowledgeable about the Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013, which have enabled couples of the same sex to marry and enter into civil partnerships.

If you’re considering, have decided to live with, or are following a separation from your partner, please refer to our information on unmarried couples. We can assist same-sex separating couples in understanding their legal rights, which now mirror those of opposite-sex couples. We can guide you through dissolving a civil partnership or marriage, which is similar to the divorce process. We can help you understand the four facts required to prove that your relationship has irretrievably broken down, with adultery not being a fact that can be relied on in same-sex divorces. Contact us today for expert legal advice and assistance.

Lasting Powers of Attorney (LPA) are legal documents that appoint someone you trust to make decisions about your health and finances if you cannot make them yourself. A Health and Welfare LPA allows for decisions about medical treatment, care needs, and moving to a care home. Meanwhile, a Property and Finances LPA permits the management of finances and assets, such as paying bills or selling a home to fund care.

Without an LPA, your loved ones cannot assist with decision-making or access your finances and assets to help with necessities. Creating an LPA provides peace of mind and ensures that your plans are in place so your loved ones can step in quickly and provide comfort without complications. Creating and registering an LPA is straightforward, and our team can guide you through every step.

Making a will is a crucial part of your estate planning to ensure that your estate is distributed according to your wishes. It gives you and your loved ones peace of mind and avoids complications in distributing your estate. If you die without making a will, the intestacy rules will apply, which can mean that people you want to benefit from your estate are left out.

Our specialist solicitors will guide you through the decisions you need to make in your will, including who will deal with your estate, who will benefit from it, who will care for young children, and whether you will leave anything to charity. We recommend making a will as soon as possible and updating it regularly. Our process is simple: make an appointment, complete a questionnaire, and we’ll prepare a draft of the will for your review. Once you’re satisfied, we’ll prepare a final version for signing and store an electronic copy for safekeeping. Trust our experts to ensure your estate is distributed according to your wishes.