Family Solicitor

Lincolns Family Law appreciate and understand that if you are contemplating divorce or separation it is an anxious time for all concerned, and that you will have many questions that need answering. 

In addition to your divorce, we can also take on other legal aspects that often arise, such as negotiations about the division of family property and your ongoing arrangements in relation to your children.

Grounds for divorce:
While the only ground for divorce is “irretrievable breakdown”, you must rely on one or more “supporting facts” when starting divorce proceedings. These can be unreasonable behaviour, adultery, desertion, 2 years' separation (with the consent of your spouse) or 5 years' separation (without their consent). 

Acting for you in divorce proceedings: If you are thinking about getting divorced, we can advise you about the legal implications for you and your family. If you decide to go ahead we can draft your divorce petition for you. When you are happy with its contents we will start your divorce proceedings at court. Throughout the process you will be known as the "Petitioner"  and your spouse will be referred to as the “Respondent”. We will correspond with your spouse or their Solicitors on your behalf and we will represent you throughout your divorce from start to finish, dealing with any complications that occur along on the way.

Your children: If you have children, a “statement of arrangements for children” will also need to be filed at court alongside your divorce petition. This sets out the living arrangements for the children and the type of contact (sometimes incorrectly called "access") they will have with the non-resident parent.

Family Property: In the case of any property, such as the former matrimonial home, any savings, pensions, a financial portfolio or anything else of value that has been generated during your marriage, we can advise you and negotiate a settlement reflecting a fair division of the available assets. Any agreement about family property can be backed up with a "consent order", which is a court order made with the approval of a Judge that will have the force of law.

Alternatively, we could refer you to a mediator. No agreement that you reach at mediation will be binding upon you. If you are able to reach agreement you should still seek legal advice. We would advise you whether there were any amendments that should be made in order to protect your interests. Once your agreement is finalised, we can draft the consent order for the approval of the court.