For Individuals

A personal service given in a relaxed and friendly fashion.

Family Law Solicitors

Navigating legal issues involving your family can be some of the most difficult challenges life can throw at us. Not only are there plenty of complex practical arrangements that need to be made, but the emotional aspect of such matters can make finding a suitable resolution particularly problematic.

At Kingsfords, our Family Law solicitors in Kent provide sound, competent family legal advice in a sensitive manner, and provide carefully tailored support to clients through what can be a very difficult period of their lives.

Kingsfords are experienced in dealing with all types of relationship breakdown, disputes involving children as well as childcare matters. We will endeavour to provide you with a personal but professional approach.

Our specialist solicitor Helen Cojeen is a member of the Law Society’s Children’s Panel. Helen Cojeen and Jenni Morrow are both  members of Resolution, which is a community of family justice professionals who aim to work to resolve disputes constructively.

We deal with all aspects of divorce and family law including:

Divorce

At Kingsfords, we can provide expert advice on divorce and help you navigate through this difficult time. We will advise you as to your options with a focus on alternate dispute resolution where possible to try to reach an amicable agreement without the need for court proceedings. We will support you with any option you choose and guide you through every step.

We understand how nervous you might be to move forward with this process, and that you might be worried about how it will impact you, your spouse, and/or your children.

No matter what the circumstances may be, the end of a marriage can be very difficult to manage whether this is a decision you have made yourself, your spouse has made or jointly with your spouse. Even if the relationship is relatively amicable, the process can quickly become complicated without comprehensive legal advice.

The introduction of ‘no-fault divorce’ in April 2022 has simplified the general process of divorce in England and Wales, but seeking support from expert divorce and separation solicitors remains as important as ever. A respondent to the divorce can no longer defend the proceedings unless for strict reasons such as jurisdiction or validity of the marriage.

If you require any advice regarding divorce, please do not hesitate to contact our family lawyers who specialise in this area.

To obtain a divorce you must:

  • Have been married for at least 1 year.
  • Meet jurisdictional criteria to apply within England and Wales.
  • Hold the original or a certified copy of the marriage certificate (if you were married in a foreign country and your certificate is in a foreign language, you will also require a formal translation of the certificate).
  • Be of the view that the marriage has broken down irretrievably.

A divorce application can be made on either a sole or joint basis. The divorce process is likely to take in the region of 6-9 months at a minimum due to statutory court timeframes which prevent an application from progressing. The compulsory reflection period of 20 weeks from the issuing of your application has to have ceased before you can apply for the first divorce order. The 'cooling off period' allows parties to resolve any outstanding issues regarding the marriage and financial matters arising from divorce.

If you would like information on the timescales of a divorce, please download the relevant flowchart:

Divorce Guide Flowchart (Joint Application)

Divorce Guide Flowchart (Solo Application)

If you are planning to separate from your partner, our expert solicitors have the experience and expertise required to guide you through the entire process. This will help you to secure a clean separation without any additional conflict or disruption to your life.

Dissolution of civil partnerships

At Kingsfords, we can provide expert advice on dissolution and are always here to help you. We will advise you on your options with a focus on alternate dispute resolution where possible to try to reach an amicable agreement without the need for court proceedings. At Kingsfords we are mindful to support you with whichever option you wish to proceed with.

We understand that you may be nervous about moving forward with this process and how it may affect you, your partner, and/or your children.

No matter what the circumstances may be, the end of a civil partnership can be very difficult to manage whether this is a decision you have made yourself, your civil partner has made or jointly with your civil partner. Even if the relationship is relatively amicable, the process can quickly become complicated without comprehensive legal advice.

The introduction of ‘no-fault’ in April 2022 has somewhat simplified the general process of dissolution in England and Wales, but seeking support from expert solicitors remains as important as ever. A respondent to the dissolution can no longer defend the proceedings unless for strict reasons such as jurisdiction or validity of marriage.

If you require any advice regarding dissolution, please do not hesitate to contact our family lawyers who specialise in this area.

To achieve a dissolution, you must:

  • Have been in a civil partnership for at least 1 year.
  • Meet jurisdictional criteria to apply within England and Wales.
  • Hold the original or a certified copy of the civil partnership certificate (if you entered into a civil partnership in a foreign country and your certificate is in a foreign language, you will also require a formal translation of the certificate).
  • Be of the view that the marriage has broken down irretrievably.

A dissolution application can be made on either a sole or joint basis. To achieve a dissolution of civil partnership, this is likely to take in the region of 6-9 months at a minimum due to statutory court timeframes which prevent an application from progressing, such as the compulsory reflection period of 20 weeks from the issuing of your application. This period is there to provide the parties with time to try and resolve any outstanding issues related to the marriage and/or the financial matters arising from the civil partnership.

If you need information about dissolution timescales, please download the relevant flowchart:

Dissolution Guide Flowchart (Joint Application)

Dissolution Guide Flowchart (Solo Application)

If you are planning to separate from your partner, our expert solicitors have the experience and expertise required to guide you through the entire process. This will help you to secure a clean separation without any additional conflict or disruption to your life.

Financial settlements arising out of a relationship breakdown

Despite no-fault divorce being in place, separating couples should always consider the financial claims that arise upon the separation of a marriage or civil partnership. Parties should consider seeking advice to find an amicable resolution to the division of their finances.

Splitting finances can be, understandably, one of the most complicated aspects of a divorce, but with a carefully thought-out approach, these complicated aspects can be dealt with in a timely and professional manner, avoiding any potential issues that might arise.

Even where there may be a significant contrast in the financial situation of each party, it will usually be possible to reach a financial settlement without the need for any court proceedings.

If you can reach an agreement, we are able to assist you with drafting a consent order to be filed with the court by agreement to formalise the agreement reached and where relevant, to cease the financial claims to provide for a clean break order. Please be aware that when reaching an agreement, it is important to consider whether the settlement is fair and reasonable to both parties. This can be discussed with our lawyers if you wish to instruct.

When considering the finances, the first consideration of the court will be the welfare of any children and how their needs alongside the needs of the parties will be met. The court will then consider the ‘section 25’ factors as follows:

  • The capital and income resources available to the parties.
  • Details of the financial needs of the parties, taking into account:
    • their standard of living.
    • their ages and the length of the marriage; and
    • any disabilities.
  • The court also considers the following additional factors:
    • the respective contributions of each party to the marriage.
    • the conduct of each party (although only in exceptional cases); any benefit either party will lose because of the divorce (such as a spouse's pension).

Wherever possible, the court seeks to achieve a clean break order to achieve independence from one another at the earliest opportunity.

It is important to be aware that whichever process you choose, the first step should be the exchange of full and frank financial disclosure before a division of the assets can be considered. In considering the division, the aim is to try and reach a fair outcome. This is always the first step within court proceedings.

If you are unable to reach an agreement using an alternate dispute resolution method such as mediation or arbitration, a court application might be required.

Finances upon divorce/dissolution

If an application is made, the court will expect the parties to complete a ‘Form E’ providing their financial disclosure before a first hearing. At the first hearing, the court will consider what directions will be necessary to progress the case such as mortgage borrowing capacity, property particulars for housing needs evidence and expert evidence.

At the second hearing, once the directions have been complied with, the court will expect the parties to attempt to reach an agreement to try to resolve the matter between them. To assist them, the court will indicate what the outcome might be if the parties progress to a final hearing. This is in a bid to help the parties come to an agreement.

If the parties cannot agree between them, the case will end up being listed for a final hearing whereby a new Judge will deal with the case and will make the final decision as to the outcome. Court proceedings can take a long time to resolve due to the availability of the court.

Our family law solicitors can guide you through the process of negotiating a financial settlement outside of court whether that be via mediation or arbitration, to seek an outcome that protects your best interests and sets you up for the future. If a settlement cannot be reached, we can also support you in making an application to the court for a Financial Order.

If you need more information about Financial Disclosure, please download our checklist:

Financial Disclosure Checklist

Live with and contact arrangements for children

Children are a very important part of our clients’ lives and we are here to assist with making arrangements for them.

Children will usually be a client’s number one priority, which means that the importance of getting the right live with or contact arrangements in place cannot be underestimated.

If you are going through divorce, dissolution or separation, disputes can often arise in relation to the time you and your former partner spend with your children and who they will live with. Other matters such as the school they will attend, and child maintenance are factors which need to be resolved as efficiently as possible.

Consideration will be given to the child arrangements for your child/ren including who the child/ren will live with and who they will spend time with. The welfare and best interest of the child/ren are of paramount concern.

We will aim to support you in trying to reach an agreement without the need for court proceedings using alternate dispute resolution methods. However, sometimes court cannot be avoided where there are, for example, safeguarding concerns.

During a child arrangements case, there are various factors that the court will consider, known as the welfare checklist which looks at the wishes and feelings of the child, the age, sex, background, education, any harm etc.

The court can make several orders such as setting out who the child/ren shall live with and who they shall spend time with known as a Child Arrangements Order, an order preventing certain actions known as a Prohibited Steps Order and an order for a specific issue known as a Specific Issue Order.

Our children law solicitors in Kent will work alongside you, providing tailored advice that balances your children’s wellbeing with your parental rights and finding a resolution that works for all parties.

Domestic violence injunctions and Occupation orders

Domestic violence is an incredibly sensitive issue which requires a carefully thought-out approach that takes stock of all the potential outcomes and consequences. We are able to assist you with providing support in these situations.

One option is to apply for a Non-Molestation Order which can be used to protect both the applicant and their child/ren from threats of physical or emotional harm. In an application, the court would need to consider whether an order is needed to protect the applicant and the child/ren.

It also is important to factor in whether an Occupation Order is required which is used to regulate the use of the family home. This can be used to give the application the right to live in the family home with the exclusion of the other party or, to regulate how the other party can occupy the property to protect the application and the child/ren.

It would also be sensible to seek support from a charity who have experience in counselling support such as Oasis, Rising Sun, and Respect, to name a few.

When instructed, our domestic violence solicitors can talk you through the legal steps required to protect you and any children that may be involved, offering a solution that provides you with long-term security. We have strong relationships with local police Domestic Violence units, refuges, and other organisations.

Disputes between unmarried couples

Contrary to popular belief, there is no such thing as ‘common law marriage’ in the UK. This means that unmarried couples do not have any legal rights to each other’s property, even if they are living together. It does not matter how many years a person has lived with the other, this does not give them rights over the other parties’ finances.

This can create a number of issues and leave individuals in a difficult position in an area of law which is complex if they find themselves embroiled in a dispute with their former partner. We also have a civil litigation team who can help if your matter were to progress to court.

There are limited claims that can be made but, if there are children sometimes an application can be made under Schedule 1 of the Children Act 1989 to provide support financially as well as child maintenance which can be ‘borrowed’.

If you enter a cohabiting relationship and have reached an agreement as to who will contribute what to the property or finances, a cohabitation agreement can be prepared to prevent disputes further down the line.

We can advise on these types of disputes, assisting with creating a cohabitation agreement where required, which provides clarity over the relationship and what you and your partner will be entitled to claim if you were to separate.

Care Proceedings involving Social Services

If you have been contacted by Social Services to inform you that Care Proceedings are being instigated for your child, you may be worried about what will happen next and what the future might hold. We are here to support you through every step of the proceedings.

Care Proceedings can be a daunting experience, especially where matters progress to court, which is where our family law solicitors can lend their support and expertise.

We can advise and represent you where Social Services commence Care Proceedings, including scenarios where you have been asked to attend a Pre-Proceedings Meeting (PPM), or you are due to appear in court.

If social services book a Pre-Proceedings Meeting or instigate court proceedings, you as the parent or person with parental responsibility for the child or children will be entitled to Legal Aid without being means assessed for the case.

Adoption

Adoption is one of the most rewarding things you can do, but it is also a huge commitment with plenty of legal barriers that need to be carefully navigated. If you are successful in the adoption process, the court can make a final order to end the legal ties with the child and their previous family to the new parent/s.

We are here to advise you on the process of adoption and will help to navigate you through the various steps you might need to take and everything you will need to consider when deciding if you would like to adopt.

Our family law specialists are ready to assist you if you are planning to adopt, walking you through every step involved in the adoption process and what needs to be done for you to be confirmed as a child’s legal parents.

Change of name

We can advise and assist with the drafting and executing of a change of name deed for an adult if you would like to change your entire name, your middle name and/or surname. Generally, we will take your instructions during an initial telephone call so that we can prepare your change of name deed ahead of an arranged appointment.

We can also assist with the drafting and executing of a change of name deed on behalf of a minor child by the legal parents. Please be aware that this will require the consent and signing of all those who have parental responsibility for the child.

When we have finalised your change of name deed and this has been executed, we will provide you with several certified copies so that you can keep your original safe at home.

Our family law specialists are ready to assist you if you are planning to change your name and will walk you through every step involved.

Frequently asked questions

Do we need to agree and formalise the finances before applying for the divorce or dissolution of civil partnership?

The parties do not need to agree on the financial arrangements before applying for a divorce or dissolution. However, it is usually advisable to wait until the finances have been agreed upon and set out in a formal court order before applying for the final divorce order. This is because there are various rights you may lose if you are divorced, and anything were to happen to your spouse or civil partner.

How will our finances be divided?

The first step for considering how the finances should be divided is to obtain full and frank financial disclosure between the parties. This is to allow the parties and/or their lawyers to understand the finances and consider the assets, resources and liabilities of both parties. The court will consider a variety of factors and tailor the outcome based on each individual case.

Do I need to mediate before making an application to court?

Before an application is made to court, there is an obligation for a matter to be referred to mediation as a first step. You will need to attend an initial Mediation Information and Assessment Meeting (‘MIAM’) which is where a mediator will consider whether mediation is suitable or not.

There are some exemptions to mediation, but these are limited.

What do I need to do to apply for a Non-Molestation Order or Occupation Order?

You will need to make an application with the court with a supporting statement setting out the case and the events leading to the need for an order to be made by the court. An application can often be made ‘ex-parte’ meaning the other party is not warned in advance to provide immediate protection to the application.

We recommend you seek support from a charity that can provide counselling support alongside the court process of your case.

What should I do if I feel I am at immediate risk of harm from my partner?

You should contact the police in an emergency and should you seek urgent legal advice then please do not hesitate to contact us.

You can also seek support from a charity as set out on our website for emotional support that is specific to your circumstances.

Do I have any financial claims if I am not married to my partner, I am not on the title deeds, and we were to separate?

You do not have an automatic legal claim against your partner if you were to separate unless you can prove a case in very limited circumstances. You do not have a right as a ‘common law’ partner as is often believed and you do not have rights like you do as a married couple or in a civil partnership.

I am buying a property and intend to cohabit with my partner, what should I do?

If you are buying a property with your partner, it is important to consider how you wish to co-own the property as joint tenants meaning you each own 50% of the property, as tenants in common in equal shares or, as tenants in common in unequal shares.

If in unequal shares, you might want to consider a Declaration of Trust which your conveyancer should advise you on to detail each person’s beneficial interest in the property alongside other provisions.

You might also want to consider entering into a cohabitation agreement setting out who will pay what, and what the outcome is going to be, to set out clearly the intention of each of you from the outset in case there were to be any dispute later.

Speak to our family law solicitors in Kent today

To discuss your requirements and find out how we can help, feel free to contact one of our family law solicitors in Kent at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545 or fill in our enquiry form on the right-hand side of the page to request a call back.

  • Helen Cojeen
      • Helen Cojeen
      • Senior Solicitor - Head of Child Care Department
      • View profile
  • Marian McNeil
      • View profile
  • Jennifer Morrow
      • View profile
  • Charlotte Constable
      • View profile
  • Taya Thorogood
      • View profile
  • Rhian Taylor
      • View profile

For more information please call us on  01233 624545