Children Law (Private Law)
We have a team of experienced and skilled lawyers to advise you as to the emotional and stressful issues relating to children that can arise on divorce and separation. We always begin our advice from the starting point that it is always preferable for parents to reach an agreement in relation to their children between themselves. We will advise you as to the options available to you as a parent and will attempt to resolve any contested issues raised in relation to the children, whether they relate to residence (i.e. custody), contact, prohibited steps or other specific issues. We will always advise you that the welfare of the children must remain the paramount consideration, and Court action should generally only be used if absolutely necessary.
Our lawyers will always strive to deal with children issues in a non-confrontational and conciliatory manner.
We are also experienced in advising clients as to child maintenance and the involvement of the Child Support Agency.
Child Care (Public Law)
At HKB Wiltshires, our family lawyers are experienced in cases involving children and Social Services. Jonathan Puxley is accredited as a Member of The Law Society Children Panel, which means that he is able to represent children in child care cases.
We also specialise in representing parents in circumstances where Social Services have taken Child Protection Measures, or in more serious cases issued Court proceedings to have children taken into care. Taking early legal advice can often help parents to avoid Social Services taking further action and may either prevent the Local Authority from applying to Court to remove children or provide parents with the best opportunity of having their children returned to their permanent care.
Costs
Our work is charged on an hourly rate, depending on the seniority and experience of the lawyer handling your case. At your first meeting, we will advise you as to the anticipated level of our fees for your case and as to the hourly rate of the fee earner working on your case. This information will be confirmed to you in our client care letter.
We are happy to deal with Legal Aid cases and we hold a contract with the Legal Aid agency in relation to both our offices. Accordingly, we may be able to deal with all or part of your case on a Legal Aid basis, subject to your eligibility.
Divorce, Matrimonial & Separation
The decision to separate or divorce is invariably difficult and emotional, particularly if there are children involved, and our experienced and skilled team of matrimonial lawyers can advise you and support you through this process. We will provide realistic and practical advice as to the most cost effective and efficient way of proceeding with your divorce or separation, depending on the particular circumstances of your case.
Divorce is the formal and legal dissolution of your marriage, it is usually a paper based process and we will do our best to ensure that the process is as straight forward as it can be. We will discuss with you whether you are able to demonstrate the only ground for divorce, namely that your marriage has suffered “irretrievable breakdown”. It is not possible to provide an average time for the divorce process, although it may take approximately 4 to 6 months if there are no exceptional circumstances involved, but it may take longer.
The decision to separate or divorce is invariably difficult and emotional, particularly if there are children involved, and our experienced and skilled team of matrimonial lawyers can advise you and support you through this process. We will provide realistic and practical advice as to the most cost effective and efficient way of proceeding with your divorce or separation, depending on the particular circumstances of your case.
Finances
We recognise that when couples separate and divorce that sorting out the financial arrangements can be a difficult and complex task, and our team work with skill and experience with the aim of achieving a fair settlement for our clients.
We recognise that no two cases are the same, and accordingly we will advise each client on the individual merits of their respective case. In the first instance, we will endeavour to resolve cases by way of negotiation in order to ensure that you are able to decide on the financial settlement reached, and in order to reduce costs. However, if it is not possible to reach a negotiated settlement, we will advise and assist you through any application to the Court for a Financial Order.
Cohabitation
We are also experienced in advising clients who have been living with someone that they are not married to. It is the case that if you have been living with someone to whom you are not legally married or not formed a civil partnership with, and your relationship ends, then you are not likely to have as many legal rights as you may expect. Cohabitants should understand that no matter how long they have been living with their partner, they are not afforded the same rights upon the breakdown of the relationship as those which arise on divorce. What you are entitled to on separation is likely to depend on what financial contributions you have made to your property, savings, etc during the period that you have lived together. We will be able to provide you with practical and realistic advice as to your rights and options on separation.
Costs
Our work is charged on an hourly rate, depending on the seniority and experience of the lawyer handling your case. At your first meeting, we will advise you as to the anticipated level of our fees for your case and as to the hourly rate of the fee earner working on your case. This information will be confirmed to you in our client care letter.
We are happy to deal with Legal Aid cases and we hold a contract with the Legal Aid agency in relation to both our offices. Accordingly, we may be able to deal with all or part of your case on a Legal Aid basis, subject to your eligibility.
Domestic Violence
If you or a member of your family are experiencing violence, the threat of violence or domestic abuse, there are various ways in which the law can help to protect you, and our lawyers will advise you of the options available to you.
We will provide you with practical and realistic advice, and injunction proceedings can be issued swiftly depending on the circumstances of your case in order to provide you with the protection of the Courts.
Legal Aid may be available, depending on your financial circumstances.
