Lawyer for Family Law in London

Solicitor for Family Law in London

Family Law: Protecting Families and Resolving Legal Issues in London

Family law is a vital area of legal practice that deals with issues related to family relationships, such as marriage, d...

Family Law: Protecting Families and Resolving Legal Issues in London

Family law is a vital area of legal practice that deals with issues related to family relationships, such as marriage, divorce, child custody, adoption, and domestic violence. It plays an essential role in ensuring that individuals and families can navigate legal challenges while safeguarding the rights and welfare of all parties involved. In London, family law governs a wide array of personal matters, with a focus on protecting the interests of children, spouses, and other family members.

This article will explore the key aspects of family law, its application in London, and the laws and regulations that protect families from legal disputes and injustices.

What is Family Law?

Family law is a branch of law that governs the legal issues and relationships within families. It involves both domestic and international laws related to personal status, financial matters, and the protection of children. The main objective of family law is to resolve family disputes fairly while promoting the best interests of all members, particularly children.

Key areas of family law include:

  • Marriage and Civil Partnerships: Legal recognition of marriages and civil unions, including their rights and responsibilities.
  • Divorce and Separation: The legal dissolution of a marriage or partnership, including issues related to division of assets, alimony, and custody of children.
  • Child Custody and Support: Legal matters concerning the care, custody, and financial support of children following separation or divorce.
  • Adoption: The legal process of adopting a child, including the requirements and procedures involved.
  • Domestic Violence: Laws that protect individuals from abusive relationships, including the issuance of protection orders.
  • Prenuptial and Postnuptial Agreements: Legal agreements entered into before or after marriage to protect assets in case of separation or divorce.

Family law is crucial in protecting the rights of individuals and ensuring that family members can live in harmony, free from exploitation or abuse.

Key Areas of Family Law

  1. Marriage and Civil Partnerships

In London, marriage is legally recognized, and individuals who enter into marriage gain certain rights and obligations. These rights include matters related to property, inheritance, and financial support in the event of separation. A civil partnership, which is a legally recognized union similar to marriage, also carries legal consequences in terms of property rights and financial matters.

Family law in London addresses the legal procedures for getting married or entering into a civil partnership, including the legal requirements, registration processes, and the rights of partners.

  1. Divorce and Separation

Divorce and separation are some of the most common issues addressed under family law. In London, divorce laws govern the legal dissolution of marriage, covering key issues such as:

  • Grounds for Divorce: Legal grounds for obtaining a divorce, including adultery, unreasonable behavior, or the breakdown of the marriage.
  • Division of Assets: How property, assets, and financial resources should be divided between spouses upon divorce.
  • Alimony and Spousal Support: The provision of financial support by one spouse to the other following separation, particularly if one spouse is financially dependent.
  • Separation Agreements: Legal agreements that outline the terms of separation, particularly when a divorce has not yet been finalized.

Divorce can be emotionally challenging, but the legal process ensures that both parties receive fair treatment, and that matters like financial support and asset division are resolved equitably.

  1. Child Custody and Support

One of the most sensitive aspects of family law is child custody and support. After divorce or separation, parents must make decisions regarding who will care for the children and how financial support will be provided. In London, family law governs child custody arrangements, with a focus on the welfare of the child.

Key components of child custody and support law include:

  • Custody Arrangements: The legal determination of who will have physical custody (i.e., where the child will live) and legal custody (i.e., who will make important decisions about the child’s welfare).
  • Visitation Rights: Legal agreements that allow the non-custodial parent to spend time with the child, ensuring that both parents remain involved in the child’s life.
  • Child Support: Financial contributions made by the non-custodial parent to support the child’s upbringing. The amount of child support is typically determined based on the income of both parents and the needs of the child.
  • Parental Responsibility: Legal rights and responsibilities related to the upbringing and education of the child, which are shared by both parents unless otherwise specified by the court.

Family law in London prioritizes the best interests of the child, ensuring that custody arrangements are fair and that both parents contribute to their child’s well-being.

  1. Adoption

Adoption is the legal process through which a person or couple becomes the legal parent(s) of a child who is not their biological child. In London, adoption laws set out the requirements and procedures for adopting a child, including:

  • Eligibility Criteria: Legal requirements for prospective adoptive parents, such as age, marital status, and financial stability.
  • Adoption Process: The legal procedures involved in adoption, including application to adopt, home assessments, and court hearings.
  • Intercountry Adoption: Special legal considerations for adopting children from outside of London, including international adoption agreements and regulations.

Adoption provides a permanent, loving home for children in need, and family law ensures that the adoption process is legally sound, transparent, and protective of the child’s rights.

  1. Domestic Violence

Domestic violence laws are a critical component of family law, offering protection to individuals facing abuse or violence within their families. In London, domestic violence laws help prevent abuse by providing legal remedies such as:

  • Protection Orders: Orders of protection (also known as restraining orders) that legally prevent an abuser from coming into contact with the victim.
  • Emergency Shelter and Support: Legal provisions for the immediate safety of victims of domestic violence, including access to shelters and social support services.
  • Criminal Penalties: Criminal charges and penalties for perpetrators of domestic violence, including fines, imprisonment, or rehabilitation programs.

Family law in London ensures that individuals experiencing domestic violence have legal recourse to protect themselves and their families from harm.

  1. Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements are legal contracts entered into by spouses before or after marriage, respectively, to govern the division of assets in case of divorce or separation. These agreements are particularly important in high-net-worth marriages or when one party has significant assets or liabilities.

  • Prenuptial Agreements: A prenuptial agreement is a contract that sets out how assets and financial matters will be handled if the marriage ends. It can cover property division, alimony, and other financial considerations.
  • Postnuptial Agreements: A postnuptial agreement is similar to a prenuptial agreement, but it is signed after the marriage has taken place. It is typically used when circumstances change during the marriage.

These agreements help to clarify expectations and protect the financial interests of both spouses, reducing the potential for disputes in the event of a divorce.

When Should You Seek Legal Advice on Family Law Issues?

Family law is complex and highly personal, and there are several situations in which consulting a family lawyer is essential:

  1. When Filing for Divorce: If you are considering divorce, a family lawyer can help you understand the legal grounds for divorce, navigate the process, and ensure that your rights are protected.
  2. When Dealing with Child Custody: If you are facing disputes over custody arrangements, visitation rights, or child support, seeking legal advice can help you negotiate a fair agreement or represent your case in court.
  3. When Planning to Adopt: If you are considering adopting a child, an experienced family lawyer can guide you through the legal requirements and ensure that the adoption process is completed properly.
  4. When Facing Domestic Violence: If you are experiencing domestic violence, a family lawyer can assist in obtaining protection orders, securing shelter, and filing criminal charges against the perpetrator.
  5. When Negotiating a Prenuptial or Postnuptial Agreement: If you are entering into a marriage and wish to protect your assets or finances, a family lawyer can help draft a prenuptial or postnuptial agreement.

Conclusion: The Importance of Family Law in London

Family law is fundamental in protecting the rights of individuals and families in London. Whether you are dealing with divorce, child custody, adoption, or domestic violence, family law ensures that disputes are resolved fairly and that the best interests of children and other vulnerable family members are prioritized.

When should you consult a family lawyer? If you are facing any of the challenges mentioned above, it is essential to seek legal advice from a qualified family lawyer in London. A family lawyer will provide the guidance and support you need to navigate complex legal issues while protecting your rights and those of your family.

Richard Eaton

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  • Lawyer
  • London
richard-eaton@birketts.co.uk

Career

Richard joined Birketts in 2004. He is a Partner and Head of our Property Litigation Team.

Richard has a broad range of experience in property, planning and public law. A litigation specialist, he has extensive advocacy experience having gained...

richard-eaton@birketts.co.uk

Career

Richard joined Birketts in 2004. He is a Partner and Head of our Property Litigation Team.

Richard has a broad range of experience in property, planning and public law. A litigation specialist, he has extensive advocacy experience having gained his rights of audience for all higher courts. He regularly acts as advocate in property and contentious planning matters in the County Court, First Tier Tribunal and High Court. He also has experience as a junior in the appellate courts. Most recently he was junior to Richard Wald KC. for the successful registration applicant in the leading town and village green case TW Logistics v Essex and Ian Tucker [2021] UKSC 4.

His property background covers all aspects of real property and landlord and tenant work. Richard has also developed his environmental practice in the area of noise protection for music industry clients. He acted successfully in protecting the renowned Air Studios from potentially disruptive basement development and is currently instructed on a case involving a grant of a noise easement to a music studio client.

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Paul Scope

Paul Scope

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  • Lawyer
  • London
paul.scope@wardhadaway.com

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Paul is a partner in the Employment Team.

He is an experienced employment lawyer who deals with all aspects of contentious and non-contentious employment issues, focusing on pragmatic and commercial solutions wherever possible. Paul has a ...

paul.scope@wardhadaway.com

Practice Areas

Paul is a partner in the Employment Team.

He is an experienced employment lawyer who deals with all aspects of contentious and non-contentious employment issues, focusing on pragmatic and commercial solutions wherever possible. Paul has a great deal of experience of conducting cases before Employment Tribunals, the Employment Appeal Tribunal and the Central Arbitration Committee.

Paul regularly advises clients on managing trade union issues (including union recognition, collective agreements and strikes) and collective consultation obligations (including substantial restructuring exercises, outsourcing, site closures, TUPE transfers and collective redundancies).

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Ewan Tant

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  • Lawyer
  • London
etant@leighday.co.uk

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Ewan Tant is a Partner specialising in asbestos-related claims.

Ewan works on a large caseload and regularly deals with cross-jurisdictional cases, including in New Zealand, Australia, Ireland and Spain.

Ewan has had many s...

etant@leighday.co.uk

Practice Areas

Ewan Tant is a Partner specialising in asbestos-related claims.

Ewan works on a large caseload and regularly deals with cross-jurisdictional cases, including in New Zealand, Australia, Ireland and Spain.

Ewan has had many successes in claims involving tricky and novel points of law, including a recent success in settling a case involving secondary exposure from the Claimant’s mother’s overalls, which had previously been turned down by two leading firms. He has had success in silicosis cases, including recently representing a man who worked as a sandblaster for many years, including on blockbuster film sets, who later developed a rare form of silicosis.

Ewan’s strengths lie in his dedication to client care, his technical knowledge, his drafting skills and his tenacity in dealing with Defendants, particularly in settlement negotiations. Ewan conducts his own advocacy in hearings and applications. Ewan regularly instructs leading counsel in complex cases and has lectured at medical and legal seminars. He has provided training to medical professionals, including giving talks at the Royal Brompton Hospital and at Derriford Hospital in Plymouth.

Ewan has strong links to asbestos support groups and regularly attends support group meetings.

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Duncan Speller

Duncan Speller

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  • Lawyer
  • London
dspeller@willkie.com

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Duncan Speller is a partner in Willkie's Litigation Department, and Co-Chair of Willkie’s Arbitration Practice Group. Duncan is based in the London office, where he practices International Arbitration and English High Court Litigation.

Duncan is...

dspeller@willkie.com

Practice Areas

Duncan Speller is a partner in Willkie's Litigation Department, and Co-Chair of Willkie’s Arbitration Practice Group. Duncan is based in the London office, where he practices International Arbitration and English High Court Litigation.

Duncan is an English barrister. He has significant experience in international arbitration and has successfully represented clients as an advocate on some of the most challenging, high-value and complex cases over the past decade. Duncan has represented clients in over one hundred and fifty institutional and ad hoc arbitrations, sited in both common and civil law jurisdictions, including England, New York, Hong Kong, Singapore, France, Switzerland, Sweden, Austria and Germany.

Duncan also has substantial experience of international commercial litigation in both the English Court of Appeal and in the Commercial and Chancery Divisions of the High Court. He has particular experience of arbitration and litigation concerning aviation, oil and gas, insurance and reinsurance, private equity, telecommunications, banking and competition law issues.

Duncan sits as an arbitrator and has been appointed as arbitrator or emergency arbitrator by multiple arbitral institutions.

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Benoit Lavigne

Benoit Lavigne

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  • Lawyer
  • London
blavigne@kslaw.com

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Benoit Lavigne focuses his practice in advising private credit providers and other underwriters as well as borrowers, and has extensive experience in numerous complex finance matters. His finance work includes acquisition finance, general corporate lend...

blavigne@kslaw.com

Practice Areas

Benoit Lavigne focuses his practice in advising private credit providers and other underwriters as well as borrowers, and has extensive experience in numerous complex finance matters. His finance work includes acquisition finance, general corporate lending, asset-based lending, restructuring, and workouts.

Mr. Lavigne has additional vast experience in advising clients on complex, cross-border finance matters. His advising on unique and innovative financings have included the first European super senior facility coupled with a US term loan B, Europe’s first margin loan to IPO financing, and Europe’s first quadruple Luxco acquisition financing structure.

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Emilie Cole

Emilie Cole

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  • Lawyer
  • London
emiliecole@colekhan.co.uk

Career

Emilie’s commitment to securing justice for victims of harrassment and discrimination in the workplace has earned her a formidable reputation and inclusion in The Lawyer’s Hot 100, a list of the UK’s “most daring, innovative and creative lawyers.”

...

emiliecole@colekhan.co.uk

Career

Emilie’s commitment to securing justice for victims of harrassment and discrimination in the workplace has earned her a formidable reputation and inclusion in The Lawyer’s Hot 100, a list of the UK’s “most daring, innovative and creative lawyers.”

She’s known for taking high profile and often controversial cases, particularly involving the protection of equal rights. Emilie’s been recognised as Times Lawyer of the Week and Lawyer in the News in the Law Society Gazette. She was a finalist for ‘Legal Personality of the Year’ in the Lexis Nexis Awards 2020, ‘Lawyer of the Year’ in the Legal Business Awards 2020, and private practice solicitor of the year in the Law Society Excellence Awards 2020.

Emilie’s landmark Supreme Court case, Gilham v Ministry of Justice [2017] EWCA Civ 2220 (21 December 2017), recognising whistleblowing as a fundamental human right marks her out as a fearless champion of doing what’s right, not what’s easy.

Her high-profile legal battles have led to numerous precedent-setting judgements and millions of pounds in pay-outs for her clients.

Emilie has a reputation for tireless negotiation and mediation. She’s regularly instructed by senior level executives to negotiate large severance packages and advises businesses on fairly applying grievance, disciplinary and redundancy procedures.

Her experience in professional discipline makes her sought-after by regulated professionals who need guidance throughout disciplinary and regulatory proceedings.

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Rory Alexander

Rory Alexander

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  • Lawyer
  • London
rory.alexander@mfmac.com

Practice Areas

Rory specialises in planning matters in both the public and private sector with an impressive track record in housing and regeneration projects, including negotiating planning agreements, compulsory purchase advice, planning appeals, and listed bu...

rory.alexander@mfmac.com

Practice Areas

Rory specialises in planning matters in both the public and private sector with an impressive track record in housing and regeneration projects, including negotiating planning agreements, compulsory purchase advice, planning appeals, and listed building consent advice. Rory also advises local authorities on a range of matters including governance, code of conduct and complex monitoring officer investigations.

Rory leads our Local Government team and is Client Relationship Partner for a number of Councils, including, the City of Edinburgh Council, Glasgow City Council, Aberdeen City Council, Stirling Council, West Lothian Council, East Lothian Council, Highland Council, and Western Isles Council.

Rory provides our clients with both strategic and legal advice across a variety of areas (including both political sensitivities and policy ramifications), with an in-depth understanding of both the challenges and opportunities facing the public sector at this time.

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Shula de Jersey

Shula de Jersey

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  • Lawyer
  • London
sdejersey@bcl.com

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She is an expert in all areas of white-collar crime including high profile fraud, money laundering and corruption. She specialises in representing individuals in complex and serious fraud proceedings, health and safety and corporate manslaughter cases an...

sdejersey@bcl.com

Practice Areas

She is an expert in all areas of white-collar crime including high profile fraud, money laundering and corruption. She specialises in representing individuals in complex and serious fraud proceedings, health and safety and corporate manslaughter cases and has handled a number of Serious Fraud Office (SFO) investigations. These include Operation Holbein, Langbar, Mabey and Johnson, the Beijing Olympics ticket fraud, Kaupthing, Swift, FOREX and Euribor. She also has experience representing clients in all areas of criminal law including serious crime and she regularly represents clients at police station interviews. Shula has had numerous articles published in The Lawyer, Legal Week, In-House Lawyer and Telegraph Online and has lectured on corporate manslaughter legislation. She is a consultant editor for Lloyds Law Reports: Financial Crime.

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Francesco Lione

Francesco Lione

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  • Lawyer
  • London
francesco.lione@lw.com

Practice Areas

Francesco Lione, a partner in the London office of Latham & Watkins, represents clients in acquisition financings, high yield offerings, hybrid capital raisings, liability management, and restructuring matters under both US law and English law.

<...
francesco.lione@lw.com

Practice Areas

Francesco Lione, a partner in the London office of Latham & Watkins, represents clients in acquisition financings, high yield offerings, hybrid capital raisings, liability management, and restructuring matters under both US law and English law.

He has advised entrepreneurs, sponsors, and companies on transformative, strategic financings, such as the largest sterling corporate bond sale on record, the third largest LBO financing in the UK, the largest private debt financing of an Italian LBO, debut capital markets transactions, and inaugural green bond issuances. He has also counselled investment banks on complex, groundbreaking deals, such as the first European LBO financing featuring pari passu bonds and loans, the first instance of a European business funding its supply chain finance program through the high yield bond market, the second largest offshore bond offering by a Japanese issuer, and the second largest LBO financing in the UK. Francesco has assisted direct lenders and investment firms with a wide array of bespoke capital raisings, spanning Holdo PIK issuances, convertible debt placements, and pre-IPO financings. Lastly, he has represented creditors and borrowers in several balance sheet restructurings of cross-border businesses.

Working closely with issuers and borrowers through the ups and downs of business cycles, Francesco has extended his practice to cover a broader range of transactional finance assignments — advising companies on preferred equity issuances, working capital facilities, securitization structures, club loan deals, and, more recently during the COVID-19 pandemic, emergency injections of capital and negotiated amendments of financing terms. He also regularly counsels founders, boards of directors, and senior management teams on reporting and disclosure matters, access to capital markets, financing risk management, and corporate governance.

He is a frequent speaker on trends and developments in leveraged finance and has published various articles on innovative transaction templates in private equity finance.

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Questions and answers about Family Law

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