Head of Family and Children Law
Claudia Price leads the Family and Children Law team. To contact Claudia please call 01744 626 600 or email firstname.lastname@example.org
Family and Children Law
Legal intervention in family matters is often difficult but whatever your family needs, our team of highly experienced solicitors bring care, sensitivity, and compassion to ensure that you get the best solution for you and your family.
Covering a range of areas including pre and post nuptial agreements, separation, divorce, change of name, cohabitation disputes, finances, children and contact and grandparents’ rights. We bring legal excellence and personal care to each case. Family matters are often sensitive and confidential in nature, hence, we have built our processes around you and your needs. We ensure that from the first moment you call us you can be assured of confidentiality and sensitivity whatever your situation.
With offices across the North West including Wigan, St Helens and Warrington and a team with a wider national reach we are well placed to serve your needs.
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Pre-Nuptial and Post-Nuptial Agreements
A Prenuptial Agreement is a written contract made between a couple before getting married. A Prenuptial Agreement details how the parties’ finances and assets will be divided in the event of a divorce. Couples usually consider a Prenuptial Agreement when one party has significantly more assets or wealth than the other. The Agreement can also address any future wealth, such as, if one party is to receive a large inheritance.
A Pre-Nuptial Agreement must be signed at least 21 days before the wedding. Therefore, it is important to provide enough time for discussions and the drafting of the Agreement.
Both parties will be required to show that;
- They both entered into the Agreement freely and voluntarily;
- Both parties had independent legal advice;
- Full disclosure was exchanged as to the parties financial position.
We do offer a fixed fee of £850 + VAT for a Prenuptial Agreement (*subject to the complexity of matters)
A Postnuptial Agreement records what would happen in the event of a divorce after the parties have married.
A Postnuptial Agreement can benefit couples where there has been a change in circumstances following their wedding. Postnuptial Agreements are also helpful for couples who have had relationships difficulties previously and wish to continue with their marriage with financial peace of mind.
Please contact us for a confidential discussion to find out more.
Divorce and Separation
There are many things to consider when divorcing including child arrangements and financial settlements and our team bring a sensitive and practical approach to guide you through the process whether it is a straightforward non-contested divorce or involves more complex issues. We can make referrals to mediation if this is appropriate. Whatever your needs, our experienced, caring and highly rated solicitors are here to provide you with support and confidence to help you move forward with your life.
Please contact us as soon as possible to speak confidentially to a member of our team about your options. We recognise that calling us may be difficult, and it may be difficult for you to speak, hence you can notify us that there is difficulty in you calling by saying keyword ‘Home’ and we will ensure that our number is withheld on any further calls with you. We will also understand if you have to finish the call urgently and will await your call back. Our priority is to be there for you.
If you are struggling to agree on issues arising from a separation or divorce, then that does not necessarily mean that these disputes have to end up in Court. In fact, issuing court proceedings should always be a last resort and the court insists that all other options are pursued.
Family Mediation is one of these options and it is mandatory that you attend a Mediation Information and Assessment meeting (MIAM) before you can issue any Court proceedings in relation to children and financial matters.
Mediation can be an effective process involving both parties working with the mediator together to reach an agreement that can then be converted into a legally binding document which is issued at and approved by the Court.
Family Mediation is more cost effective, less stressful and overall a quicker process than Court proceedings.
If you think that mediation is a better way forward to resolving the disputes between you then please contact us for a confidential discussion on the options available to you.
Addressing your finances following a separation can be difficult. There are a variety of aspects to address and to agree as to how the assets will be divided. Our team of experts will advise you as to the best outcome for you and your family.
At Frodshams, we aim to guide all clients to reach an amicable agreement, to avoid having to issue an application to the Court for a Financial Order. Going to Court can increase delay, stress and cost.
The Court expect all parties to attempt mediation before issuing an application, in a further attempt to resolve matters. Mediation can be successful if both parties are prepared to compromise, however, if an agreement cannot be reached as to division of the assets, an application to the Court for a Financial Order will have to be made. Unfortunately, going to Court in some cases is the only option.
If, within proceedings, and upon receiving guidance from the Court, the parties are unable to reach an agreement, the Court will make an Order on their behalf. This may produce an outcome that neither party are happy with, therefore it is important to seek legal advice and guidance in an attempt to see if an agreement can be reached before a final hearing.
Our team of experts will guide you through the process to ensure that you receive the best outcome to secure your current and future financial position.
Sadly, Domestic Abuse occurs in a large number of relationships, and can take many forms, to include emotional abuse, sexual harm, physical violence, psychological abuse.
Here at Frodshams Solicitors, we strive to assist all victims of domestic abuse and advise them as to the options available to them to provide the urgent required protection.
Victims of domestic abuse can apply to the Court for an injunction. There are two available injunctions:-
- Non Molestation Order
- Occupation Order
There are also a variety of support organisations available to assist you 24 hours a day and their details are as follows:-
If you are in immediate danger, call 999 and ask for the police. If you can’t speak and are calling on a mobile press 55 to have your call transferred to the police.
Please contact us as soon as possible if you are being subjected to domestic abuse and require protection and speak confidentially to a member of our team about your options. We recognise that calling us may be difficult, and it may be difficult for you to speak, hence you can notify us when you call that this is a domestic abuse issue by saying keyword ‘Home’ and we will ensure that our number is withheld on any further calls with you. We will also understand if you have to finish the call urgently and will await your call back. Our priority is to ensure your safety.
Co-habitation and Separation Agreements
The legal rights of unmarried couples living together are very different to those who are married or in a civil partnership. It is vital that you seek legal advice if you are considering moving in with your partner, or if the relationship has broken down.
When an unmarried couple decide to live together, we would suggest entering into a Cohabitation Agreement.
A Cohabitation Agreement will set out both parties’ financial responsibilities towards each other and the property during cohabitation, ownership of assets and what responsibilities each party will have towards the property in the event of a separation.
Having a Cohabitation Agreement in place allows both parties to have a clear understanding of their financial obligations and can avoid any disagreement if a separation were to occur in the future.
When parties separate and are not ready to begin divorce proceedings, a Separation Agreement can address the interim arrangements. The agreement will detail your ongoing obligations to each other and any property, how any joint assets are to be divided and the arrangements for any children.
The agreement is not legally binding, however, the Court will strongly consider the document when making any final determination as it will highlight the parties’ intentions at the time of separation.
In order to protect your position, we would suggest that you obtain a Separation Agreement if you have recently separated and do not intend to reconcile or begin divorce proceedings. This will assist in protecting your financial position and your financial future moving forward.
Please do not hesitate to contact our team of experts for advice upon a Cohabitation or Separation Agreement.
A Cohabitation Dispute can arise between anyone that you live with, such as if you are an unmarried couple living together, or whether you are living with friends.
Unfortunately, it is irrelevant how long parties have been living together. Many couples believe that they acquire ‘common law’ rights, however, this is not the case. Unmarried couples do not have any legal right over their partner’s assets, unless they can evidence that they have made a significant financial contribution.
Our experts will advise you accordingly as per your individual circumstances, and the options available to you, whether that be through negotiation or whether an application is required to be made to the Court. Litigation can be extremely lengthy and expensive, and therefore should be the last case resort.
If you have recently separated, or are thinking of separating from your partner and are unsure of your rights, call our team of experts for a no-obligation discussion. It is important that you seek legal advice at the earliest opportunity to determine what your rights are.
Change of Name
It is understandable that following a divorce, you may wish to legally change your surname. We will prepare a Change of Name Deed, which you will then need to file with all relevant authorities, such as your local hospital, DVLA, HMRC and your GP. This is a document which is often relied upon in scenarios where you have to prove your legal name – even for future scenarios.
Sadly, when a relationship breaks down, it can lead to conflict over the care and contact arrangements for children. Disputes concerning children can be extremely emotional and sensitive and our team of experts are on hand to support and guide you, every step of the way.
Whether you are a parent, grandparent or carer, we can assist you with any ongoing difficulty.
We can help with:
- Child Arrangements Order
- Specific Issue Order
- Prohibited Steps Order
- Relocation of a child
- Parental Responsibility
If you require further advice in respect of contact arrangements, please do not hesitate to contact our friendly team of experts.
When a family relationship breaks down, grandparents can be left without having any contact with their grandchildren.
Grandparents do not have a legal right to see their grandchildren, however, upon receiving permission from the Court, they can apply for an Order for contact with their grandchildren. Going to Court should be the last resort, however we appreciate that in some cases, there is no other option.
The Court requires all parties to attempt mediation, prior to an application being made to the Court. If mediation breaks down, and an application is made, the Court would take into account various factors, to include:-
- The relationship between the grandparents and the grandchildren;
- The impact contact would have upon the rest of the family;
- Whether contact could have a positive or negative impact on the child;
- The nature of the application before the Court.
If you require any advice in respect of the arrangements with your grandchildren, please call one of our experts on 01744 626600.
“We had a great experience with Frodsham’s. They dealt with our purchase incredibly quickly and navigated the pressures our buyer was putting on us throughout the process. Sue King was very responsive, calm and honest and we wouldn’t hesitate to recommend her and Frodsham’s. I also want to mention Claire on reception-often when I phoned it was in extremely stressful situations and Claire was always so lovely and helpful, giving us information or passing us through quickly. We highly recommend and will be using them again in the future.”
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“I recently used Paula for some family advice and I also made a Will through Frodsham’s. Paula was empathetic and clear at a difficult time. I wouldn't hesitate to recommend Frodsham’s to anyone seeking legal advice. Thank you for looking after me.”
“I would like to start by saying I cannot recommend this company enough. I recently had to get an urgent Power of Attorney for my Father as he was taken into hospital with Covid-19. This was an extremely stressful and worrying time for my family and I, which without a doubt would have been more difficult without the help of Frodshams. Kirsty dealt with everything from start to finish with complete professionalism and empathy. She understood the urgency of the situation and went above and beyond her duty of care as a solicitor to ensure everything was in place. My family and I are extremely grateful and will certainly be using Frodshams again in the future.”