Family Law Leicester
LEICESTER FAMILY LAW GUIDE
What is the best way of solving family disputes ?
There is no one ‘best’ way. However, where possible, it is advisable to settle disputes privately or through mediation. In mediation, through a professional mediator, the parties to the dispute negotiate and come to an agreement, that (with the consent of both parties) has legal force. If the agreement is legally binding, the non-breaching party will be entitled to take legal action.
Who has parental responsibility ?
Mothers automatically have parental responsibility upon the birth of a child. Fathers also have responsibility where the parents are married. As of 1st of December 2002, if the parents are unmarried, the father will have parental responsibility if their name was included on the birth certificate.
Can step-parents obtain parental responsibility ?
Parental responsibility can also be obtained where anyone with parental responsibility agrees or a court order is made.
Do I need to apply for a residence order following divorce or separation ?
You will only need to apply for a residence order where there is a dispute. A residence order will state where the child will live. Where the residence order is not granted to either parent, the courts will confer parental responsibility on the person who has been granted the residence order.
Are joint residence orders possible ?
It is fairly rare for a joint residence order to be granted because the circumstances which result in a residence order being applied for suggest the parents are not very willing to cooperate, which may make joint residence difficult in practice. However, it is certainly possible for joint residence orders to be granted.
I am being denied contract with my child. What can I do ?
If you are being denied contact with your child, you can apply for a contact order. A contact order is an order of the court, which (if granted) will state the days, times and means by which you will be able to maintain contact with you child, which could include in-person contact, supervised contract through a contact centre, by mail or telephone.
What is a separation agreement ?
A separation agreement is an agreement used by a couple following separation. It can be made legally binding with the agreement of both parties, meaning that if the agreement is breached further
Are pre-nuptial agreements used in the United Kingdom ?
Whilst ‘pre-nups’ are commonly used in the USA, their use in the UK is still not as common. However, with that being said, the courts are becoming increasingly accepting of pre-nuptial agreements where:
- Both parties have been advised on the agreement by independent legal advisers
- Both parties have fully disclosed their assets and finances
- The circumstances of the parties have not changed drastically
Leicester Family Law FAQs
What is the best way of solving family disputes ?
There is no one ‘best’ way. However, where possible, it is advisable to settle disputes privately or through mediation. In mediation, through a professional mediator, the parties to the dispute negotiate and come to an agreement, that (with the consent of both parties) has legal force. If the agreement is legally binding, the non-breaching party will be entitled to take legal action.
Who has parental responsibility ?
Mothers automatically have parental responsibility upon the birth of a child. Fathers also have responsibility where the parents are married. As of 1st of December 2002, if the parents are unmarried, the father will have parental responsibility if their name was included on the birth certificate.
Can step-parents obtain parental responsibility ?
Parental responsibility can also be obtained where anyone with parental responsibility agrees or a court order is made.
Do I need to apply for a residence order following divorce or separation ?
You will only need to apply for a residence order where there is a dispute. A residence order will state where the child will live. Where the residence order is not granted to either parent, the courts will confer parental responsibility on the person who has been granted the residence order.
Are joint residence orders possible ?
It is fairly rare for a joint residence order to be granted because the circumstances which result in a residence order being applied for suggest the parents are not very willing to cooperate, which may make joint residence difficult in practice. However, it is certainly possible for joint residence orders to be granted.
I am being denied contract with my child. What can I do ?
If you are being denied contact with your child, you can apply for a contact order. A contact order is an order of the court, which (if granted) will state the days, times and means by which you will be able to maintain contact with you child, which could include in-person contact, supervised contract through a contact centre, by mail or telephone.
What is a separation agreement ?
A separation agreement is an agreement used by a couple following separation. It can be made legally binding with the agreement of both parties, meaning that if the agreement is breached further
Are pre-nuptial agreements used in the United Kingdom ?
Whilst ‘pre-nups’ are commonly used in the USA, their use in the UK is still not as common. However, with that being said, the courts are becoming increasingly accepting of pre-nuptial agreements where:
ñ Both parties have been advised on the agreement by independent legal advisers
ñ Both parties have fully disclosed their assets and finances
ñ The circumstances of the parties have not changed drastically