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.

Nick Storrs

Nick Storrs

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n.storrs@taylorwessing.com

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For full details of Nick's experience and expertise, please visit our website https://www.taylorwessing.com/en/people/united-kingdom/london/nicholas-storrs

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Nicholas Cotter

Nicholas Cotter

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ncotter@jonesday.com

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Nick Cotter represents clients in high-value antitrust and regulatory litigation, and has been involved in a number of the groundbreaking cases in the competition sphere in the English High Court, Court of Appeal and Supreme Court. Nick also has particular ex...

ncotter@jonesday.com

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Nick Cotter represents clients in high-value antitrust and regulatory litigation, and has been involved in a number of the groundbreaking cases in the competition sphere in the English High Court, Court of Appeal and Supreme Court. Nick also has particular experience acting for telecom companies in proceedings in the English courts, from the High Court up to the Privy Council, and in various Caribbean courts dealing with interconnection fees, market access, and anticompetitive practices. In addition, Nick regularly acts for clients in general commercial disputes in litigation and arbitration.

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David Hodson KC

David Hodson KC

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david.hodson@iflg.uk.com

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Prof David Hodson OBE KC(Hons) MCIArb is a Special Counsel and co-founder of The International Family Law Group LLP.

David is globally regarded as a leading, highly experienced family law dispute resolution specialist, especially involving a...

david.hodson@iflg.uk.com

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Prof David Hodson OBE KC(Hons) MCIArb is a Special Counsel and co-founder of The International Family Law Group LLP.

David is globally regarded as a leading, highly experienced family law dispute resolution specialist, especially involving an international element or complex assets or issues.

English solicitor.

Mediator.

Family arbitrator and Member Chartered Institute of Arbitrators (MCIArb).

Deputy District Judge sitting at the Central Family Court, London.

Australian (NSW) solicitor.

Officer of the Order of the British Empire (OBE).

Visiting Professor at the University of Law (ULaw).

Honorary Professor at the University of Leicester.

David is regarded as one of the most innovative family lawyers of his generation.

He was the originator and a creator of family arbitration in England and Wales, now emulated in other countries.

He was instrumental in the 1990s in the creation of the English Family Law Accreditation Scheme.

He was co-founder in 1995 of the world’s first multi-disciplinary metropolitan family law practice, combining lawyers, mediators and counsellors, and now much copied around the world.

He was co-founder in 2007 of the world’s first law firm dedicated to international families and their children, with many law firms worldwide subsequently setting up specialist international units.

In The Queen’s Birthday Honours List in June 2014 David was appointed an Officer of the Order of the British Empire (OBE) for his ‘Services to International Family Law’.

Appointed King’s Counsel (Hons) March 2022.

After training and qualifying in Southampton, David spent 10 years at City of London law firms. In 1995, he was joint founder of probably the world’s first metropolitan practice to combine family lawyers, mediators and counsellors and with an emphasis on a conciliatory and holistic approach. It was subsequently copied in many practices across the world. From 2003 to 2005 he worked in Sydney for a leading family law firm, qualifying as an Australian lawyer. He retains his entitlement to practice as a solicitor in Australia.

In 2007 he co-founded iFLG with Ann Thomas, the world’s first law firm specifically dedicated to serving international families and their children and families with international assets.

He has been chair/and or member of very many professional committees and organisations.

In November 2011 he received the prestigious inaugural Jordans ‘Family Law Commentator of the Year’ award for his outstanding contribution to commentary on family law matters, as voted by family lawyers.

In 2015, David was appointed a Visiting Professor of the University of Law and in 2017 he was appointed Honorary Professor at the University of Leicester.

In 2022 he was appointed an Honorary KC in recognition of his “significant contribution to the development of English law and practice”.

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Chris Evans

Chris Evans

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chris.evans@la-law.com

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Chris is a commercial litigator working with clients across a number of sectors. His work ranges from providing commercial, solution-focused advice to clients involved in potential contract disputes, to advising and representing clients in high-valu...

chris.evans@la-law.com

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Chris is a commercial litigator working with clients across a number of sectors. His work ranges from providing commercial, solution-focused advice to clients involved in potential contract disputes, to advising and representing clients in high-value court and arbitral proceedings.

Chris has particular experience in complex contract disputes and financial claims, intellectual property claims, professional negligence claims and insolvency-related matters. He also regularly advises on contentious and non-contentious Companies Act claims including schemes of arrangement and reductions of capital.

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Peter Sugden

Peter Sugden

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Peter Sugden, focuses his practice on real estate investment, finance and development, hospitality and leisure, real estate joint ventures and other corporate real estate transactions in the UK and across Europe.

Peter represents private equity funds, institutional inv...

Practice Areas

Peter Sugden, focuses his practice on real estate investment, finance and development, hospitality and leisure, real estate joint ventures and other corporate real estate transactions in the UK and across Europe.

Peter represents private equity funds, institutional investors, property companies, overseas investors, pension funds and hotel owners and operators. His transactional experience extends over more than 30 years and spans all asset classes and transactions, including asset and corporate sales and purchases, fundings and financings, joint ventures, debt purchase, portfolio transactions and complex development. Peter has very significant experience in relation to the hospitality and leisure sector.

Clients appreciate the personal touch that Peter brings to his work. He is known for the pragmatic application of his deep experience in transactional work and ability to focus on key issues, and for personally handling many of the matters that cross his desk.

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Robert Volterra

Robert Volterra

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Robert Volterra has been recognised for many years in the global legal directories as one of the world’s top public international law practitioners. In 2022, Chambers and Partners described Robert as “probably the best public international law lawyer on this planet”, while Legal 500...

Career

Robert Volterra has been recognised for many years in the global legal directories as one of the world’s top public international law practitioners. In 2022, Chambers and Partners described Robert as “probably the best public international law lawyer on this planet”, while Legal 500’s 2023 publication called Robert “the best public international lawyer around”.

Robert is qualified as a barrister in Canada and as a solicitor-advocate in England and Wales. He advises and represents governments, international organisations and private clients on a wide range of contentious and non-contentious public international law and international dispute resolution issues, including international humanitarian law, the laws of war, international criminal law, boundaries and territorial integrity, UNCLOS, international investment agreements and BITs, the Energy Charter Treaty, ICSID, NAFTA, trans-boundary resources and pipelines, joint-development zones and straddling resource regimes, diplomatic and consular law, attribution, privileges and immunities, State responsibility, treaty interpretation and drafting, international arbitration and litigation, international organisations, human rights, resource concessions, Statehood and sanctions.

Robert regularly acts as co-agent, counsel and advocate before the International Court of Justice and international arbitration tribunals, including under the Permanent Court of Arbitration, ICSID, ICC, SCC, LCIA, UNCITRAL, WTO and UNCLOS rules. He regularly sits as an arbitrator in ICSID, UNCITRAL, ICC, SCC and LCIA arbitrations. He is on the UK Attorney General’s A-list for public international law practitioners.

Robert’s practice focuses on the resolution of complex disputes and evolving issues in the field of public international law. He is sought by clients globally to defend their interests in bet-the-country and bet-the-company disputes. He is the go-to public international law practitioner for cases dealing with novel and cutting-edge topics. His cases are widely referenced in public international law textbooks and journal articles; they are cited and relied upon extensively as precedents and guides by domestic and international courts and tribunals.

Robert combines being a seasoned practitioner with being a thought-leader in the field of public international law. He is a Visiting Professor of International Law at University College (UCL), University of London, where he has taught the international law of foreign investment for almost 20 years. He is a Visiting Senior Lecturer at King’s College, University of London, where he has taught the international law of boundary disputes for several decades. He is invited to lecture on a variety of public international law topics in Europe, the Americas, Africa and Asia. He publishes regularly on a wide variety of public international law matters.

Prior positions at legal practices: Latham & Watkins, Partner (2005 to 2011), London, UK and Paris, France; Herbert Smith, Partner (2001 to 2005), London, UK; Freshfields Bruckhaus Deringer, Associate (1996 to 2001), London, UK and Paris, France; Public International Law Practice of Professor Sir Elihu Lauterpacht, Junior (1994 to 1996), Cambridge, UK.

Robert is qualified as a barrister in Canada (1991) and as a solicitor-advocate in England and Wales (2005). Robert is a member of the Public International Law Advisory Panel of the British Institute of International and Comparative Law, the ICC Latin American Arbitration Committee, the Management Board of the Investment Treaty Forum, the editorial board of the University of Oxford Press Reports on International Investment Claims, and the Energy Charter Secretariat’s Legal Advisory Task Force.

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