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Family Law

Divorce

The divorce process is inherently stressful. Sadly we cannot change that. However what we can do is promise to minimise the legal stresses associated with the process.

Our Family Law Solicitors Team will try and handle your divorce as sensitively as possible. Remember we are always on your side.

When clients approach us, they have normally taken the decision that they want to end their marriage. We can then start the process of dissolving the marriage for them. By definition, divorce means that the marriage has broken down irretrievably. This can be proven by one of five factors:

  • Desertion
  • Adultery
  • Two years’ separation with consent
  • Five years’ separation
  • Unreasonable behaviour

After an initial meeting with the client, we will discuss which of the grounds they wish to petition under. We will normally provide this advice after listening to the full background of the case.

There will often be times where the grounds over-lap and it is therefore advisable to choose the ground that will prove the least contentious.

How long does the divorce take to finalise?

Divorce filing can take up to between four to six months to finalise, but may take longer, depending on whether there are any family assets that need to be divided, if there are any unresolved financial issues or if the other party fails to acknowledge the divorce papers.

A divorce case in theory should be relatively straight-forward from a legal perspective. However the reality is that even simple divorces can be hiding multiple of hidden issues. The spouse may have disappeared or refuse to acknowledge the papers. The parties may disagree on the grounds of the divorce. Whatever twist or turns the process may take, you can be assured that we will be at your side.

It is not necessary for you to attend Court but if there is a dispute regarding the grounds of divorce or cost, you may be required to attend Court in that instance. In all instances, we offer fixed fee divorces.

Children

Disputes which involve children can be a stressful and a lengthy process. Cases involving children require a depth of knowledge and extreme sensitivity, ensuring the right expertise in such matters is very important.

As parents ourselves, we understand need to put your children’s needs first.

Nayyars Solicitors can offer assistance with the following:

Prohibited Steps Orders


This is to stop the child being taken out of your control and care or out of England and Wales.

Child Arrangement Orders


applications for a non-resident parent to see their child and with which parent the children can reside with.

Specific Issue Order


such as the child’s religion, school they attend, changing the child’s surname, or taking them abroad for an indefinite period of time.

Injunction

An Injunction is a Court order that prevents someone from doing something that the Court decides is imminent and will cause harm. If you are a victim of domestic violence or are suffering emotional or mental abuse from your partner or ex-partner, Nayyars Solicitors can apply to the Court on your behalf to prevent this abuse from continuing any further.

The types of order available fall into two main categories:

Non-molestation/harassment order – which prevents someone from using or threatening violence against their former partner or their child, or intimidating, harassing or pestering them.
Occupation order – this order determines who can live at the family home and can also restrict the abuser from entering the specified area of their former partner.

Both a non-molestation/harassment and an occupation order can be granted with a power of arrest attached, and this power can be exercised if the abuser does not follow the conditions of the order.

We will discuss the potential legal costs in our initial consultation, where will provide you with all the relevant information required, so you can make an informed decision. We do not offer legal assistance pursuant to public funding. All cases handled by our family team must be privately funded.

Contact Us

For a free initial consultation about your clinical negligence claim, call us on 0161 491 8520 or contact us online and we’ll get back to you as soon as possible.

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