Tom Fisher, a solicitor specialising in Family Law based in Heswall at Jackson Lees provides answers to questions he is regularly asked by his clients:
What should I do in preparation for my meeting with a family law solicitor?
Good preparation will help both you and your solicitor. Some useful points to consider are:
- Prepare a short chronology of your relationship noting any relevant dates and events.
- Prepare a summary of assets, liabilities and income of the family’s finances as best you can.
- Prepare a list of any questions or points you wish to raise or which are a concern to you.
This will allow your family law solicitor get to grips with the relevant issues straightaway. It will also save time and allow you to get the most out of your first meeting.
Are there any tips when dealing with my partner?
It is important to retain some level of communication with your partner, focus on the relevant issues and work as a team with your family lawyer. Communication can be the key to unlocking the problem and finding a solution.
We are not married, does it make a difference?
Yes, the fact that you are not married can make a significant difference. There is no such thing as a ‘common law’ husband or wife. In these circumstances the legal rights and remedies might be limited to the family home and how it is owned. Where there are children however, it might be possible to make an additional claim for financial provision under the Children Act 1989.
Will I have to sell the house?
Whether or not the family home has to be sold will depend on the facts of the individual case. A main concern is where everyone will live, as the parties will separate and one home will become two. This can mean that the family home is sold and the net proceeds of sale are divided, but this does not necessarily mean there will be an equal split of the money. It may also be possible to postpone the sale of the family home until the children have left home or to offset the family home against other assets (including pensions) so that the property can be retained.
If you would like to talk to one of our specialist family law advisers, please call us free on 0808 271 5266 (also free to call from mobiles) or email family@jacksonlees.co.uk or visit our website www.jacksonlees.co.uk
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