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.
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.
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.
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.
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
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.
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.
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.
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.
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.
Annette was brilliant, she talked through everything. She said that obviously divorces are very daunting and scary but Annette always talks things through and makes sure that I understood what was happening and has always been amazing throughout the process. I always felt fully updated and loved the fact that anything which didn’t make sense to me or which I didn’t understand was explained.
I was recommended to Annette at Brendan Fleming by a colleague as I was seeking an expert in legal divorce proceedings. Annette and her team provided an excellent service throughout the process. They were always responsive and pro-active but most importantly sensitive to my requirements and very practical and objective in their guidance and support. I would certainly recommend Annette and her firm to anybody seeking a professional and yet personal service.
I would like to take this opportunity to say a huge thank you Salvia, for all of your efforts. You were very understanding, empathetic and non-judgmental regarding my situation and handled the case very well. I would definitely recommend Brendan Fleming Solicitors to anyone looking to be represented by a high-quality professional service.
Your company has helped me out so much and I’d come back again again and again. I am so grateful to everyone who has helped me out with my case…and I am so glad that Charley Kelly ain`t leaving cuz she is really good at her job
Without your support and fantastic knowledge into the care system etc and doing all the ‘behind the scenes’ work to fight for me and my children I wouldn’t be here in a better place. I’ll always be grateful to you and Mr Pearce.
Dawn, I can’t find the words to express how I feel about what you have done for my family. I can’t thank you enough. If only I knew than what I know now: that the most important thing is to have a good solicitor. And you are the best: I never would have got my boys back if it weren’t for you. I have learned so much in the short space of time in which you represented me. Thank you till the end of the numbers.
You have done so much for me and been there whenever I needed to speak. I have included a picture of my daughter which you can keep if you like as reminder of how happy you have made her mummy and how happy I am that I decided to go with your firm. Thank you so much, Dawn. There will never be enough I can do to repay you.
I get on really well with Dawn; she will help me whatever the problem. We meet up every week. Her work is brilliant: I feel so much more support than I did from my previous solicitors. I’d definitely recommend her for employee of the week; she is a great solicitor.
Dawn is absolutely fantastic. I would never have got so far without her and now I am really close to getting my daughter back. I would not be where I am now without Dawn and Brendan. Dawn works every hour God sends to help your case. I keep recommending them to other people in my situation. Keep up the good work!