Divorce & Family Law

How Our Divorce and Family Law Specialists in Birmingham Can Help and Support You, Following Your Relationship Breakdown


The Divorce and Family Law team at Brendan Fleming Solicitors have had a long established presence within the legal profession and our niche team has a wealth of experience dealing with all aspects of family law. We pride ourselves in being able to offer a friendly and professional service throughout. We always aim to provide an understanding of the difficult situation you find yourself in and to deal with your issues in a manner that is sympathetic and understanding whilst still focusing on achieving the best results possible for each individual client focusing on balancing the benefits of any course of action needed against the likely costs both financial and emotional.

Areas we cover include:

Birmingham,Coventry,Redditch, Solihull, Worcester and throughout the West  Midlands

We provide an initial fixed fee appointment system which will allow you to meet with one of the team to discuss the difficulties that you have and to be guided as to the best possible course of action for you to take or just to advise you generally about your situation so that you can be supported in decisions that you may need to make regarding your marriage, relationship, your property/finances, or your children. We will advise you the best way to resolve your difficulties whether this is through negotiation or mediation or through the court process if an amicable agreement cannot be reached.
We are used to dealing with family issues sometimes complex and delicate and specialist team will guide and support you through probably the most difficult and stressful time that you will possibly have to face.

The areas of family law we specialise in are:

  • Divorce
  • Nullity
  • Judicial Separation 
  • Cohabitation & living together agreements
  • Financial provision arising from divorce/relationship breakdown including property issues, pensions, income and businesses
  • Civil Partnership breakdown
  • Child Arrangements including residence and contact disputes and all related matters including child abduction or other emergency remedies
  • Financial provision for children – Schedule 1 Children Act 1989
  • Domestic abuse and emergency protection issues
  • Enforcement of Orders
  • Variation applications and setting aside orders
  • Appeals 

Divorce & Financial Matters

We will be able to advise you as to the action you need to take to formalise the breakdown of your marriage and how to deal with this in a straightforward and cost effective way. Every client’s circumstances and concerns are different but we will guide you to achieve the result in a practical and non-confrontational manner.

Arrangements For Children

The breakdown of your relationship can be sometimes for the children as well as the adults involved. At Brendan Fleming Solicitors we have a firm reputation for our knowledge and proactive approach in the area of matters relating to the resolution of child arrangements.
Your family is the most important and precious part of your life and separating from the other parent of your children can be a very upsetting experience. In this regard we will always work with you to explore all possible avenues so that you can continue effective co-parenting if this is possible, with the welfare of the children being the paramount consideration. With good advice and in many cases parents are able to reach an amicable arrangement so that the children have an ongoing relationship with both parents and if those arrangements are agreed between you the Court will not interfere or make any Orders.
If you cannot reach an agreement about how your children will be cared for even with our assistance and advice, then mediation may resolve matters but if this also breaks down then court proceedings can be issued.
We are experts in negotiating arrangements for children where parents have been unable to formalise their own agreement. and in making any relevant applications to the Court in order to determine the arrangements for the children. We will provide sound advice on potential arrangements that may best suit your family. If there are any urgent concerns as to the arrangements for the children, we are experts in seeking emergency orders or dealing with applications to resolve specific issues that may arise from time to time regarding your child.

Finance, Your Property, Businesses’ Income & Pensions

This is likely to be the most complex part of your relationship breakdown and is an area that can concern or distress many clients who suddenly find themselves in a situation where a combined income and asset pot is needed now to support two homes and related expenses. The Court will try and find an outcome that is fair to both parties and to consider whether a clean break is possible. The needs of the children are a priority and we are here to advise you as to a realistic way forward in your particular circumstance. Our aim being to achieve a settlement whether by agreement or through court proceedings that will take into account your individual circumstances and the assets that are available to you and your partner.
The team at Brendan Fleming Solicitors have a wealth of experience in dealing with all forms of financial provision whether by negotiation or through court proceedings. You can be assured that whilst we have support staff & assistants in the department you will always be offered a personal service so that the specialist you meet at the start will personally guide you through the process and conduct your case until it is resolved.
We are fortunate at Brendan Fleming Solicitors to have various professional experts to hand if your case requires experienced professionals to arrange valuations in respect of residential or commercial properties, accountants for company or business valuations and Actuaries if Pension reports are required.

Costs

We pride ourselves in being transparent with our fees structure and we will discuss with you at the initial meeting a way forward to meet the legal fees that you will invariably have during your case. We do offer an initial fixed fee appointment when the overall likely cost of your case will be discussed before you instruct Brendan Fleming Solicitors.

 

Having problems with your partner? Call us and arrange a no obligation meeting

0800 246 5147

Divorce and Family Team

Frequently asked questions

It is beneficial for you to have a Solicitor who specialises in family law and/or has a specialist department that deals with your particular situation.  Take advantage of an initial fixed fee appointment so that you can meet the fee earner who will have conduct of your case so that you can be confident that he or she is approachable and that you feel comfortable with them as you will want someone you can relate to and trust to guide you at this difficult time. Take along a list of questions so that you don’t feel too stressed about the first meeting.

There will be costs involved in any dispute and of course if proceedings are issued for divorce or other remedies, there will be court fees to pay.  You can assist your Solicitor in reducing the costs that you may incur by providing them with all documents that are requested from you, in particular, financial documents such as bank statements and keep all your financial documents preferably in a ring binder in date order for when they are needed and this will save considerable time in collating documents and obtaining copies.  Discuss with your Solicitor when you meet other ways that you can assist to keep costs to a limit and what written information you can provide to assist. Always be ready to compromise if you can which may avoid some costs.

There is only ground for divorce and that is to prove to the court that the marriage has broken down irretrievably.  To satisfy the court that a marriage has irretrievably broken down you would have to prove one of 5 facts. The most common basis for issuing a petition immediately upon separation is on the basis of the Respondent’s unreasonable behaviour or the Respondent’s adultery. 

Alternatively, you can proceed with a petition if you have lived apart for a continuous period of at least 2 years before the issuing of the Petition but your husband or wife would need to consent to a divorce on these grounds. 

You could present a Petition on the basis of 2 years desertion but you would need specialist advice before proceeding on this basis. 

 

 

The final fact will be if you have lived apart for a continuous period of at least 5 years before the filing of the Petition and you could then proceed without your wife or husband’s consent in this instance. 

There is no provision for Legal Aid or funding to finance a divorce.  If you have a low income you could possibly apply for a “fee exemption” in respect of the court fee for issuing your Petition but this depends on each individual person’s finances.  At Brendan Fleming Solicitors we pride ourselves in being transparent with our fees and we will discuss with you at your initial fixed fee appointment a way forward to meet the legal fees which you will invariably have.  

It is always difficult for the combined income to stretch to provide for two households.  If a voluntary arrangement cannot be agreed between you upon separation as to the level of support that is required, then if your case warrants an application spousal maintenance, you can apply to the court for an order which would be based on needs but also on your respective incomes.  It is always beneficial to attempt to reach an agreement as to voluntary support whether directly with your partner or by attending mediation but there are options that you can take if you find yourself in that position.

The court do not become involved with arrangements for the children unless there is a dispute between the parents.  You will be encouraged to work towards a shared care arrangement for the children to ensure that they have regular contact with each parent.  If there are issues relating to the children and their place of residence or how much time they spend with the other parent, then you should consider advice from a specialist child arrangements solicitor who will attempt to negotiate an agreement with you or guide you to consider mediation or other ways to resolve matters before considering the issue of formal proceedings unless there are any childcare concerns or other issues that require immediate remedy.

If you are able to reach an agreement with your partner as to your property and financial matters whether by direct negotiation, negotiation through your Solicitor or during mediation then you can present an agreed order to the court which outlines the settlement which you have both agreed to and which will be accompanied by financial forms completed in brief to assist the court before they consider making an order reflecting the terms of your agreement.  This is known as a Consent Order and can be filed with the court once signed by both parties and it is normally dealt with by the Judge without the need for a hearing. 

Not necessarily if you have not contributed towards the purchase price or towards the mortgage or paid for improvements that could increase the value.  In certain circumstances you may be able to establish an interest in the property and you should always take specialist advice regarding this if your relationship comes to an end before accepting that you do not have claim particularly if there are children involved.

This is a phrase used by the media and there is no such thing as a common law marriage.  If you are not legally married to your partner, then you have no automatic right in respect of his income property or pension provision.  If you are in this position you should take specialist advice as to your position in the event of separation or death and in relation to any property that you may own jointly.