Family Law
Pearson Caulfield’s clients can call upon the wealth of experience offered by our highly trained, professional staff who are committed to providing you with a quality service.Pearson Caulfield have members of the Solicitors Regulation Authority Children Panel and The Solicitors Family Law Association.
Divorce
If you have a problem with your marriage the hardest decision to make can be to take the first step and seek advice. However it is often a relief to talk to someone who is sympathetic and caring, who can give advice and guidance.Going to your solicitor should not be seen as an irrevocable step towards divorce. In fact it is your solicitor's duty to examine with you the possibility of reconciliation and point you in the right direction for you to obtain help from trained experts.
You can obtain a divorce if the Court believes that there is an irretrievable breakdown of the marriage. A divorce petition can be presented to the Court at any time after the expiry of one year of marriage. Nowadays most divorce petitions are undefended. This speeds up the process.
Children
Following a divorce both parents will retain parental responsibility for their children. Nowadays the Court will not make any Orders concerning the children unless there is a dispute between parents.There are various types of Orders the Court can make depending upon the nature of the dispute, for example, 'a Residence Order' if the parents cannot agree where the children should live; 'a Contact Order' if the parents cannot agree how often the non-resident parent should see the children; 'a Specific Issue Order' if the parents cannot agree a particular issue in relation to the children such as education, medical care, surname.
With unmarried couples the mother has sole parental responsibility for the children. However, the natural father can obtain parental responsibility with the mother's written agreement or by making an application to the Court for parental responsibility.
We believe most disputes should be handled and resolved by careful discussion rather than involving the children in an emotional tug of war. We will help you arrive at an amicable settlement through discussion with your spouse's / partner's representative.
In appropriate cases we will try to arrange for disputes to be resolved by mediation with, for example, The Newcastle Family Mediation Service. In many cases this can avoid the need for Court proceedings.
Financial Settlements
In the course of the divorce proceedings you (as well as your spouse) will be required to disclose financial details regarding your present income and assets, including pensions.The Court will then decide upon interim and permanent maintenance and will deal with questions of capital such as lump sum payments and the transfer or the division of proceeds from the sale of property.
Most disagreements about financial arrangements are settled before the proceedings come before the Court by consultation between both parties through their solicitors - however, the Court has the final decision and treats each case on the individual facts.
Maintenance for children nowadays is dealt with by the Child Support Agency if the parents can not reach agreement.
Property Disputes Between Co-habitees
If the parties are unable to reach an agreement through negotiation, proceedings can be taken at Court to resolve the dispute by obtaining an Order for sale of the property and a declaration by the Court as to the parties' respective interests.Even if the property is not in your name, you may still have a claim, particularly if you have children.
Domestic Violence
If you have suffered or are under threat of violence, you can obtain an Order from the Court to protect you and your children. Most Orders these days can make provision for a power of arrest. In the event that your assailant breaks the Order (Injunction), then an application can be made for his / her committal to prison.Pearson Caulfield receives referrals from Womens' organisations and other agencies throughout the Tyne and Wear Area.
Local Authority Care
If the Local Authority is concerned that your children have suffered or are at risk of suffering harm, for example physical, emotional abuse, sexual abuse, then they may take proceedings to remove your children from your care.It is important that you obtain legal representation at a very early stage in these proceedings as they can often be overwhelming and the consequences far reaching.
Before instituting proceedings, the Local Authority may convene a Child Protection Conference to consider placing the child / children on the Child Protection Register.
We can suggest preventative measures to try and help parents avoid their children being removed from their care if at all possible.
We always suggest that you consult us as soon as Social Services become involved with your child.
How Much Will It Cost?
We will tell you whether you will be entitled to Community Legal Services funding. If you are outside the financial limits for Community Legal Services, we can give you an estimate of the likely cost and we can come to some arrangement for you to meet your legal fees by regular instalments or out of the proceeds of the sale from any financial settlement.If you simply wish to obtain advice as to which way to proceed you may be able to obtain your first interview free through the Legal Advice and Assistance Scheme.