Established in 1982, at Brendan Fleming Solicitors we specialise in Family Law, offering our clients expert legal advice in both Public and Private Law matters, including Care Proceedings, Non-Accidental Injury, Divorce & Children’s Proceedings and issues with Social Services.

 

Contact Brendan Fleming Solicitors by emailing info@brendanfleming.co.uk or by calling 0800 246 5147

 

Contact our Non-Accidental Injury Department on 0800 246 5147 or 07730 143 432. If it is out of hours, you can call our staffed 24 hour helpline on 0121 683 5000. Alternatively you can email us on help@nonaccidentalinjury.co.uk

Our Location

165 Newhall Street
St. Paul’s Square
Birmingham B3 1SW

 

0800 246 5147

 

info@brendanfleming.co.uk

 

Divorce And Family

Our Expertise

We are highly experienced bespoke family team who have a wealth of experience in all areas of family law and have  over many years achieved excellent results for our Clients. We have a caring and friendly team who understand how stressful any separation can be and we will give you peace of mind helping you through the process as painlessly as possible. It’s never easy when you’re considering separation. There are many factors to consider if you have children and there may be finances to settle.

 

We pride ourselves in being transparent regarding our fees structure and we will always try and assist regarding payment of fees where we can. Our fees are competitive and will always try to agree a fixed fee arrangement with you at the start of your case so that you are fully aware of the costs of your matter before you begin the process. You can call us completely free on 0800 246 5147 and one of our team will be able to help you with a fixed fee initial meeting to discuss your thoughts and concerns to guide you through the whole process and ensure you get the best outcome.

FAQs

I am certain that our marriage has broken down and wish to divorce. How much will an uncontested divorce cost me and can I ask my spouse to pay towards the cost?

The team at Brendan Fleming will offer you a fixed fee to deal with your divorce once discussing with you that you have the grounds to satisfy the Court that there has been an irretrievable breakdown of marriage and assuming it is an uncontested divorce this will cost you a fixed fee of £650 plus VAT together with a payment to the Court in respect of their fee for filing the Petition which is £550. As the petitioning party you must pay these fees in the first instance and you would then seek an order that your ex pay a contribution towards these costs and seek an order if they do not agree. Remember that your Marriage Certificate is filed with the court with your Petition and will not be returned to you.

How do I choose a Solicitor to deal with my relationship breakdown?

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.

I am concerned as to the cost of applying for financial provision for myself

If you are in a position where you cannot agree what will happen with your home and other assets including pensions then you have the option to discuss these issues and provide full and frank disclosure of your assets to each other in Mediation. If Mediation is not successful and you are unable to come to any agreement then you do have the option to issue an application for financial provision where the Court will consider what will happen to your home. whether there should be a division of any other assets or investments, whether there should be a pension sharing order and whether maintenance for you or for you to pay maintenance to your spouse is appropriate, (in addition to child maintenance which is a separate matter) The likely cost of proceedings depends upon your individual financial situation and the extent of the assets involved in your case. You will be provided with an estimate of the likely costs before any proceedings are issued and in some circumstances again we can deal with matters by way of an agreed fee which would include providing a schedule of the work that we intend to carry out for that fee. We do deal with matters in this way on an interim basis so that you can be aware of the work that will be carried out and so you can pay for the proceedings, stage by stage and be fully aware of the cost involved before any action is taken or continued.

Established in 1982, at Brendan Fleming Solicitors we specialise in Family Law, offering our clients expert legal advice in both Public and Private Law matters, including Care Proceedings, Non-Accidental Injury, Divorce & Children’s Proceedings and issues with Social Services.

Why choose us?

Our specialist team have a wide experience in all matters relating to family breakdown, particularly in respect of financial matters. This includes dealing with complex financial claims, often involving substantial assets and pension issues, taking a firm and practical approach to achieving high levels of settlement and client satisfaction.

In addition to Divorce and Family work, our team deals with injunctions and domestic violence applications and has a wealth of experience that you can take advantage of for your case.

The Head of department is a Member of Resolution (formerly Solicitors Family Law Association) and the department follows their Code of Practise.

The team deal with all issues relating to children and the arrangements for them, whether for the parent or grandparents and are highly experienced in resolving areas of dispute, or if matters can be resolved then we have very experienced advocats to represent you in any proceedings.

The team has wealth of experience in all matters relating to Family Law and aim to continue to achieve high-level settlements and providing the utmost support to our clients during a difficult time.

We are extremely competitive with regards to fees and offer various options to pay such as agreed fees which provides total transparency from the start of your case

Our areas of expertise

Divorce Proceedings

Deciding to divorce  or end your relationship by way of separation is often traumatic and rarely straightforward that’s where we come in providing you with the best legal advice and support so your separation goes as smoothly as possible. If you have jointly owned assets and finances and especially if you have children together, you will need a competent solicitor to advise you through all the steps of a separation that you need to take to get the right agreements and outcomes for your family.  Call Annette and her team who will provide you with the best separation advice.

How to get a Divorce

In most cases, the emotional and mental turmoil connected with separation is what can make divorce difficult, especially with children and assets involved. This is completely understandable and it is something we take very seriously at Brendan Fleming 

We also know that costs are very important when making the decision to divorce and this is why we have always provided a fixed fee which is very competitive and we are always transparent with the fees that you will incur so that you know from the outset what your divorce will cost you and we will make it clear to you exactly what you will pay.

Speak to our family law team in Birmingham today for more on costs and the options available to you.

 

The very first step in your divorce process will be proving that you have sufficient grounds for a divorce. This is a test which must be satisfied before you can proceed with filing your petition to divorce with the relevant family court.

A petition to divorce may not be submitted unless you have been married for more than one year.

You then need to prove you have “grounds for divorce.” In our country there is only one basis upon which a divorce may be approved and that is the “irretrievable breakdown” of your relationship.

There are five main ways a relationship can be considered to have broken down so much that it cannot be repaired – these are the reasons the Courts will accept. Only one of the below reasons is required:

1) adultery (please note that in the case of a same-sex marriage, this reason may only be cited where the adultery has occurred with a member of the opposite sex.)

2) unreasonable behaviour

3) desertion – for a period of no less than two years

4) lived apart for at least two years (with consent)

5) lived apart for at least five years (without consent)

 

If you are in any doubt about whether you have grounds for divorce or indeed which ground would be the most suitable then one of our team can help you.

Quickie Divorce

Typically, a divorce will take 4 to 5 months from issuing a divorce petition to obtaining the decree absolute. This is as quick as it gets whoever you choose to deal with your divorce for you and timing is dependant upon the acknowledgement of service being signed and filed upon receipt of the petition. It is decree absolute which ends the marriage. There is a compulsory delay of six weeks between decree nisi and decree absolute. Most of the rest of the delay is caused by delay in people returning the necessary paperwork or in waiting for the court to decide if the paperwork is in order and to fix a date for decree nisi.A quick divorce always requires the cooperation of both parties. You can contact one of our friendly team who will talk you through the process and time frames.

Uncontested Divorce

Our friendly and experienced team at Brendan Fleming will work with you so your divorce proceeds uncontested and the process is as painless and inexpensive as possible.  The divorce process should proceed in a non-confrontational way if possible to avoid any issues as a defended divorce is that last thing that you will want as this just incurs delays, stress and exceptional costs. Such cases are very rare and if your marriage has broken down irretrievably then an uncontested divorce is the sensible way forward. So that fees are transparent we also offer a fixed fee arrangement in all cases.

Financial and Property Matters

Do remember also that within your divorce proceedings that you and your spouse may have rights to make financial claims against each other. The most usual way to deal with these claims is by a Court Order either by consent or by issuing proceedings if mediation has not achieved an agreement.  Even where one or both do not wish to proceed with financial claims, maybe this is a short marriage or there are no assets such as a property or pension, an Order should be made dismissing all financial claims. This is known as a “clean break” Order. This avoids any claims being made in the future when there is possibly a windfall or lottery win that could still possibly be claimed against. If an Order is not obtained, then the claims which each of them have against the other are simply left open.  This situation is unsatisfactory in that it creates a degree of uncertainty because it leaves the possibility of one spouse making a claim against the other at any time in the future unless they are caught in the “remarriage trap”.

Always seek advice within the divorce proceedings as to your position now and for the future.

Contact Us In Confidence

Arrange a consultation – 0800 246 5147. Or email us at info@brendanfleming.co.uk