family & matrimonial

The breakdown of a relationship can be one of the most traumatic events in a person’s life. It is not simply the fact that the relationship is over and a partnership has come to an end, but also the immediate ramifications of that breakdown, be it on children, health, housing, business and finances. The breakdown of a relationship impinges on each and every facet of a person’s life.

At Clarke Willmott, our Family team offers a comprehensive package of family legal advice, including divorce and the potential financial consequences (eg division of assets, property and pensions), the impact of the end of a relationship on a business partnership or company, and the residency of children and maintenance.

Not only do we advise at the end of a relationship, but also at the beginning of a relationship. We can prepare a Pre-nuptial Agreement before a marriage takes place. We also prepare Co-habitee Agreements. Both Agreements set out what is agreed should happen if the relationship ends. We can therefore assist in mitigating against the adverse ramifications of a relationship ending.

Recent experience includes:

• Children - we were instructed by the Father of two children, who had real concerns that the children’s mother, his former girlfriend, was suffering from a mental condition, which affected her care of the children. We successfully obtained an Interim Residence Order in the first instance, for the Father, enabling the children to live with him, and it was agreed that the Mother should have supervised contact with both children. We thereafter successfully obtained a Final Residence Order in the Father’s favour, which meant that both children could continue living with the Father on a permanent basis, with the Mother having continued supervised contact.

• Divorce - we were instructed by a Wife who was aged 42 and had been married for 25 years. Her husband had left the family home and had told her that he had met someone else and wanted a divorce. The Husband agreed to accept a Divorce Petition based on his adultery with an unnamed woman but refused to pay the Wife’s Costs, even though her income was minimal. Written submissions were made to the County Court and an Order was made against the Husband requiring him to pay £640 plus vat within 14 days of the Order made for Decree Nisi.

• Finances - we acted for the Husband in the groundbreaking case of White v White, which eventually concluded in a decision from the House of Lords. It was decided that there should be no discrimination between husbands and wives based on their sex and that in a longstanding marriage, an equal division of capital should be the starting point. This case has set a precedent in Family Law.

• Cohabitation - Ann contributed £5,000 and John contributed £15,000 to the purchase of their jointly owned home with the balance of £80,000 borrowed on mortgage. The property transfer stated that they held the property in equal shares. The property was worth £220,000 when the relationship ended and John tried to argue that he was entitled to a greater share because of his greater contribution. We acted for Ann and obtained 50% of the net proceeds of sale.

We are members of Resolution (formerly The Solicitors Family Law Association), Family Accredited Specialists and Law Society Panel members. We are acclaimed as leaders in the field of Family law in the South West.

For further information, please contact either Gareth Schofield (Bristol) or Felicity Shakespear (Taunton).