Family & Divorce

The breakdown of family life is traumatic. Our approach is thoughtful, caring and practical. We cover all aspects of family law, including pre-nuptial or cohabitation agreements, seperation and divorce, financial settlements, Children Act proceedings, domestic abuse, cohabitation and civil partnerships.

We are here to give you the advice to enable you to make your own decisions. We believe firmly that at such times, you should not be pressured into any particular solution or hasty course of action but at the same time recognising that you will need advice and guidance to steer you through the process. Our approach is conciliatory but firm.

Patrick Troy is an advanced member of the Law Society family panel and a member of Resolution (formerly the Solicitors Family Law Association). Please see the links to the Resolution Code of practice which governs the way in which we approach cases.

Wherever possible, we try to reach a sensible settlement within the parameters which may otherwise have been achieved after lengthy and expensive court proceedings. if however, the case cannot be resolved in that way, we will represent you effectively at all stages of the court process.

Frequently Asked Questions

Is a Divorce the only answer?

Of course not, and we will not push you into any hasty decision. Most clients want an initial chat to be reassured. If marriage guidance may help we can put you in touch with people to help.

What grounds are needed to start divorce proceedings?

You will need to show that your marriage has completely broken down. This must be established by proving one of five particular ground or ‘facts’ to include adultery or unreasonable behaviour or desertion or periods of separation  - two years if by consent, five years if not.

What happens next?

If you intend to proceed then we would recommend that your partner is first warned of the intention to ensure that everything can go through as smoothly as possible. A Petition would then be issued through the Court and we would guide you through all the steps up to the Decree Absolute. (This of course is a big step for anyone to take and we would recommend that you discuss the consequences of any action with us.) We will do all we can to assist you through this difficult period by offering practical advice and keeping you informed of all progress.

What about the children?

We would hope that an agreement can be reached between you without involving the children in an emotional tug of war. We will do as much as we can to help you agree terms. Mediation may also help and we can put you in touch with all local agencies. Nevertheless there are some cases where the courts decision is needed. Please see our notes on some contested proceedings which may give you more information.

Whatever the position, we will press for the outcome you want.

Financial Arrangements

Again, the hope is that we will be able to resolve matters by agreement. If you cannot agree then the Judge may be invited to make a decision based on factors we will explain to you as the case continues. Typical considerations will involve the need for ongoing maintenance, the division of capital  (including the future of the house) and pension arrangements.

What is a common law marriage?

Despite the popular view the law does not recognise a common law marriage. If you have chosen to live together but are splitting up then very different considerations will apply and we will need to go through this with you in detail.

How much does it cost?

We are happy to offer initial advice on the telephone without charge. We can then tell you about the likely future cost, our policy on costs and the availability of Legal Aid if this is a factor.

We are able to offer public funding (Legal Aid) as we are one of the few firms in the region holding the Legal Aid Franchise. If public funding is not going to help then we will give you full advice about the costs on a private basis.

Please feel free to contact us if you have any questions or would like further details regarding costs.

What should I do next?

If we can help simply telephone Patrick Troy or Elizabeth Roberts during office hours on 01756 799000.or email familylaw@mewiessolicitors.co.uk