Divorce & Family

If you are divorcing, separating or have a dispute with your partner, about children property or financial matters it is important that you seek specialist Legal Advice. Clarkson Hirst offer a free initial consultation for 30 minutes.

Our Family Law Solicitor Kerry Davies is well respected and an extremely able solicitor specialising exclusively in Family Law.

We are members of:-

The UK College of Family Mediators

We offer sensitive advice and guidance to help you cope with the financial and emotional problems that family breakdown can often bring.

Family and Divorce

At Clarkson Hirst we realise that the breakdown of your relationship is a difficult and stressful time, we therefore aim to offer you straightforward clear advice and explain the procedures so that you can understand what is happening and why.

Clarkson Hirst Solicitors have offices in both Lancaster and Kendal and are able to offer a full advice service in relation to matrimonial/family law. Our solicitors are experienced and sympathetic to all clients’ problems and needs whilst progressing each case in a professional and understanding manner. We will offer independent advice on how to achieve the best outcome and guide you as to other services that may be available. We specifically offer advice in the following areas: -

Divorce and Separation

We can provide full assistance during this difficult time. We will advise you as to the options available and explain each step that needs to be taken and will endeavour to make this process as pain free as possible.

Cohabitation

We are able to provide information as to cohabitation breakdown and negotiate on your behalf in the event a dispute arises. We can also provide valuable advice as to the relevant property issues that may need to be addressed and any issues in relation to children of unmarried couples. We can prepare cohabitation agreements or living together agreements which will outline your intentions in the event of separation.

Children

Should a situation arise where there is a dispute in relation to your children, our solicitors are fully competent with experience in dealing with any such necessary Court application. However, our aim would be to show a sensitive and constructive approach to settling differences as this is usually beneficial to all concerned.

Financial and Property Issues

We are able to provide you with the information that you will require in relation to any dispute as to the assets of the relationship. Our solicitors have experience in this area and are able to provide how to proceed and negotiate on your behalf and if necessary take your case through the Courts.

Matrimonial Conveyancing & Wills

Should you require any related work carrying out following separation or divorce, our property solicitors will be fully informed of your case and it will be dealt with in the same constructive manner with full liaison with your matrimonial/family solicitor.

Domestic violence and injunctions

During this very difficult time our solicitors will be able to offer you immediate advice on the remedies available.

Ex pat divorces

We are able to offer advice and assistance to individuals where one party to the marriage may be living outside of England and Wales. Our solicitors can offer specific advice on whether proceedings can be commenced within England and Wales whilst one of the individuals may not be resident in England and Wales.

Fixed fee divorces

Mindful of the worry that legal costs can add during a divorce, we now offer a fixed fee divorce in respect of undefended divorce proceedings at a rate of £750.00 plus VAT plus Court fees. This covers a straight forward divorce. Children issues and financial matters are charges separately.

Divorce Fixed fee

Most divorce lawyers charge an hourly rate for their service and whilst the initial hourly rate may look reasonable the layman can find it difficult to calculate the total costs of appointing the lawyer for any given case. Clarkson Hirst Solicitors prefer to give a fixed fee quote where possible which can help ease the stress and worry of this often difficult time by taking away the unknown fear of rocketing costs.

For further details in respect of our fixed fee rates, please contact Kerry Davies in the Family Department.

Family Law Advice – Detailed assessment up to two hours £200 plus VAT.

What does this mean?

This is an opportunity for you to explain to the solicitor your particular circumstances. Your solicitor will give you a detailed assessment of your case and advise in outline as to what options are available to you in terms of concluding the case, what factors the Court are likely to take into consideration and where possible what the outcome of the case is likely to be.

It helps at this stage if you have certain information to hand. Your solicitor will need to know the following: -

1. Your name and full address;

2. The name and full address of your spouse;

3. The date and place of marriage;

4. The names and ages of any children from the marriage and who they are living with;

5. Your housing status;

6. Your income, pension and savings including capital investment and otherwise for both you and your spouse;

7. Brief details of your separation or dispute.

What’s included in the fee?

Up to two hours discussion by phone or email or face to face if convenient with our experienced divorce solicitor. The solicitor will advise as to what steps you need to next take and (if she has enough financial information from you) what the parameters of financial settlement may be. The aim is to leave you knowing roughly where you stand and the best way of trying to achieve the settlement you want.

Uncontested divorce – No children £750+ VAT (+ court fees)

Uncontested Divorce - Children £800.00 + VAT (+ court fees)

Our family solicitor can act on your behalf in relation to commencing proceedings and taking those proceedings to conclusion in order to formally terminate your marriage.

What’s included in the fee?

We prepare a form called a petition, complete this and send it to the Court office to issue proceedings on your behalf. If the case involves children we also complete a form called statement of arrangements for children and send this to the court. The Court sends the form to the other party involved in the case. The other party should then complete the form and return it to the Court, which will in turn be copied to you. We then prepare a document known as an Affidavit and a Request for Directions for Trial in order to progress your divorce through the next stage. The affidavit will need to be sworn on oath by you, after which it will be submitted to Court in order that an application may be made for your decree nisi. Six weeks after decree nisi, provided there are no problems or financial issues, will make an application on your behalf for the decree absolute, which is the document which ends the marriage.

Throughout the case we will advise you as to when any of the steps to progress your divorce have been taken. We provide up to two hours of discussion with you by phone, email or in person. In the vast majority of cases, this is more than sufficient to deal with all of the issues arising in relation to the divorce itself.

In most cases the divorce proceeds without difficulty. In some cases there will be other issues to be resolved and we do charge extra for this additional work. Examples include, works required to trace another party, the other party denying receipt of the papers and needing to be personally served by a bailiff (at your cost) and so on. Any additional costs likely to be incurred will be relayed to you and will not be incurred without your authority.

Living together agreements - £400 plus VAT

This is an arrangement for couples who are not married but would like to have clarity around the terms of their relationship, especially in the event that the relationship might come to an end. Your solicitor will obtain instructions from you in order to create an agreement for you and your partner to sign.

What’s included in the fee

This assumes that you have agreed the general nature of what you would like to do in the event of the relationship ending. We include: -

Obtaining the information we need to be able to draft the agreement;
Telling you of issues you might wish to consider;
Drafting the agreement;
Arranging for correct signature;
Storing the original.

We make an allowance (in addition to the drafting) for 1 ½ hours for discussion. This is normally perfectly sufficient time in which to discuss your case. If any time in addition to this is spent working on your case, we will notify you of the additional charges to be levied on the basis of our usual charge rate of £140 per hour.

We would point out that within the parameters of the fixed fee arrangements, we cannot advise you as to what agreement you ought to be making as such advice would need to be based upon detailed consideration of your financial circumstances and those of your partner. We can however advise you as to the issues which ought to be included within the living together agreement.

Prenuptial Agreement - £450 plus VAT

A prenuptial agreement is suitable for both marrying couples and couples about to enter into a civil partnership. The agreement must be entered into voluntarily each party having taken independent legal advice and must be signed at least 21 days prior to any ceremony of marriage of civil partnership. The agreement can cover arrangements couples might wish to make in respect of their finances and any children of the relationship. The solicitor will need information from you in order to create the agreement for your signature. The Courts are not obligated under UK law to stick to the terms of the agreement in the event of a dispute unless there have been significant circumstances which might effect the terms of the agreement and they are very persuasive evidence to be used before the Court in the event of any future dispute.

What’s included in the fee?

The fee assumes that you have agreed the general nature of what you would like to include in the event of the relationship ending. We include: -

Obtaining the information we need to be able to draft the agreement;
Telling you of any issues you might wish to consider;
Drafting the agreement;
Arranging for correct signature;
Storing the original.

We make an allowance of 4 hours for drafting and amending and a further 2 hours of time for providing advice to you. This may be exceeded in very high value cases or where there is a dispute as to what will happen in the event of the relationship ending. Any work required in excess of this time will be charged to you on the basis of our usual hourly rate charged of £140 per hour and only after we have informed you in advance of the likely charges.

Separation Agreement - £700 plus VAT

This is an arrangement for couples who may or may not have been married but who intend to separate and would find it helpful for financial and other arrangements to be clearly set out in a formal document. The solicitor will obtain the information needed from you in order to create an agreement for signature.

What’s included in the fee?

The fee assumes that you have agreed the general nature of what you would like to be included in terms of the separation agreement. We include:-

Obtaining the information we need to be able to draft the agreement;
Telling you of any issues you might wish to consider;
Telling what financial information is needed and putting that information in order on the agreement for you;
Drafting the agreement;
Arranging for signature;
Storing the original.

We make an allowance (in addition to drafting) of 2 hours for putting items in order and reviewing the information to be included and providing advice for you. This is normally perfectly sufficient but does not allow for exceptional cases where they are for example a lot of discussions about the exact terms of the agreement, disagreements between you and so on. Any additional works required by you will be charges in accordance with our usual hourly rate at £140 per hour but this will only be in on the basis of our having advised you in advance as to the likely charges.

We would point out that within this fixed fee we cannot advise you as to what agreement you ought to be making as this would need to be based upon a detailed consideration of all your financial information and that of your partner and so on. We can however advise you on the issues you ought to include.

We would point out further that the Courts have often made clear that this sort of agreement is only likely to be stuck to by a Court where both parties have exchanged detailed financial information about the circumstances of the other party. It is usually sensible to record the details of each parties’ financial circumstances within the terms of the agreement.

Parental Responsibility Agreement - £150 plus VAT

Parental responsibility is a legal concept that consists of the rights, duties, powers and responsibilities that most parents have in respect of their children. It includes the right to consent to medical treatment in respect of a child on behalf of that child. Normally the consent of all those with parental responsibility is required in order to change the name of the child or to allow the child to be taken out of the country. The Parental Responsibility agreement gives those rights. An unmarried father may find that he does not have parental responsibility. Parental responsibility is particularly useful in the following circumstances: -

For all unmarried fathers where the child was born before the 1st December 2003;
In cases where an unmarried father of a child born after the 1st December 2003 is not on the birth certificate for some reason;
Where a couple marry and the other party already has a child;
In all civil partnerships where either party already has a child or gives birth to a child before a civil partnership has been effected.

What is included in the fee?

We will draw up the agreement;
Advise as to what arrangements need to be in place for you to arrange formal signature;
Explain how the document is signed and witnessed;
Send the agreement to the Family Division of the High Court to be registered;
Send sealed copies to you as and when we receive them;
Advice for up to 30 minutes on the issues that can arise in relation to parental responsibility.

If any additional work is required in addition to this, we would charge on the basis of our usual hourly rate of £140 per hour but we will always advise you as to whether there are likely to be any such further charges before commencing work.

ExPat Divorces – What does this mean?

This is a legal procedure for ending a marriage. Expat refers to a situation where one of the spouses is living outside of England and Wales. It can also mean when you married outside of England and Wales. This is a complex question (in law) and you may need to discuss this with us first to check that you are entitled to commence divorce proceedings within the jurisdiction of England and Wales. The fixed fee does not cover any advice for work with regard to the financial aspects of your expat divorce or expat separation or where the other party to the proceedings seeks to defend those proceedings and as soon as the Court accept your power to deal with your case (given the ex pat aspects). Ex Pat Divorce Fee £1200 + VAT

What is included in the fee?

We will obtain the information we need from you and send you a divorce procedure pack.

We send you a form called a petition which we will assist you in completing and then send to the Court office.

We provide you with a Statement of Arrangements for Children and again assist you in completing this before sending it to the Court office.

The Court papers are then issued and sent to the other party to the proceedings.

The other party should then fill in a receipt confirming whether they agree or do not agree to the divorce being granted. This is copied to you.

We then prepare a document called a Request for Directions for Trial which will need to be supported by an affidavit which we will also prepare and send to you. The affidavit will usually need to be sworn on oath for a notary or solicitor in the area in which you are residing at the time of the proceedings as evidence of your having sworn the document as being true.

We will submit the paperwork and the Request for Directions for Trial to the Court to progress your case.

The District Judge will check the paperwork to establish that you have properly completed your application to divorce. If it is the case that they are satisfied with the procedure, they will then provide a date when the divorce will be progressed through to it’s next stage, namely decree nisi.

Six weeks after pronouncement of decree nisi, assuming there are no problems, we will make an application to finalise the divorce on your behalf to end the marriage.

Throughout this, we will tell you when any of the above steps have been taken. We have provided for 1 ½ hours of discussion with you by telephone, email or in person. In the vast majority of cases this is more than sufficient to deal with all of the issues arising in relation to your divorce. We also include work up to two hours to deal with any queries arising from the Court. Judges who are not used to dealing with ex pat cases can sometimes need further time to consider complex law that may apply which may necessitate detailed questioning and replies. We are used to helping them in this regard.

In most cases the above follows through without difficulty. In some cases there are difficulties and we do charge extra for any additional works. For example, difficulties could include not being able to arrange service upon the other party or that of the party denying receipt of the papers, wherein we might then need to obtain a private detective and so on. Any additional costs will be advised to you but would only be incurred on the basis of our receiving instructions to proceed.

Work at an hourly rate

If you are uncertain at this early stage exactly how you wish to proceed or believe that your case is likely to proceed quickly without too much complication, you may wish to utilise our hourly rate service. If you prefer to agree an hourly rate for our dealing with your case, we would be happy to discuss the same with you rather than proceeding with your divorce on the basis of our fixed fee.

This means that if you are not sure your case fits within our fixed fee offer or prefer to be charged on the basis of the time spent working on your case, for things to be explained to you at length. In these situations a fixed fee with fixed procedures and times may well be preferred by you and we are happy to agree to work on an hourly rate basis.

What is included in the fee?

This will cover hourly at the agreed rate any work that we undertake for you including preparation, letter writing, drafting, attending meetings, dealing with you on the telephone or corresponding by email. We invoice all clients on a regular basis and provide a detailed breakdown of the works carried out for you in your bill in that way ensure you maintain control and are clear as to the level of your costs.

Click here for further information

If you wish to discuss matters with one of our Specialist Family Solicitors, then please contact:-

Kerry Davies E-Mail kd@clarksonhirst.com

Tel: 01524 39760 (24 Hour)
Freephone: 0800 919 231