Our Services
Divorce and Separation
Going through a divorce or dissolution can be a highly emotive and stressful experience. However, the legal side is largely procedural. We can help steer you through this process, which in many cases can be completed online, either guiding you through each step or assisting you in the background.
Financial Separation and Settlements
Separating your finances on divorce can feel daunting, but we can help you find a way forward and a process that works for you. We can advise you in the background while you attempt mediation, negotiating on your behalf, advising you while you engage in Alternative Dispute Resolution or, if necessary, issuing and representing you through a court application to accomplish a resolution.
We advise on disputes that involve jurisdictional issues and where assets are held internationally.
We will always start by listening to you to understand your priorities and what you want to achieve. We will support you at every stage, to enable you to attain an outcome which meets your needs and those of your family.
Child Arrangements
For a great deal of people, when they separate from a spouse or partner, their priority is to make arrangements for the care of their children. We believe the children’s best interests are at the heart of such decisions and will take the time to understand what this might mean for your family, both emotionally and practically.
There are many ways to seek to agree such arrangements; mediation, the collaborative process, negotiation between solicitors and arbitration. We can advise you on the benefits of each, as well as your legal position should you have to bring or respond to a court application.
We advise on disputes that involve jurisdictional issues, where one parent wishes to relocate abroad with the children.
Marriage (Nuptial) Agreements
In English law marital (or pre-/post-nuptial) agreements are not legally binding, however, they are playing a growing role in providing couples with more predictable outcomes in the case of a future divorce.
We can help you to negotiate and draft marital agreements, either before or during your marriage. We can also provide detailed advice on their current and likely future legal status to assist you in understanding their benefits and anticipating any pitfalls.
Cohabitation
When couples decide not to marry, navigating the law that would apply on separation can be an overwhelming prospect unless you have clear and pragmatic legal advice.
It is sensible to take advice before you decide to cohabit on the implications of that decision on property ownership. You may decide you would benefit from a Cohabitation Agreement to provide you both with more clarity should the relationship break down. We can assist you in negotiating and preparing this agreement.
If you are separating, you may need advice regarding child arrangements as well as financial issues such as what property rights you each hold and whether you have any claims because you have children together. These are all areas in which we can offer you guidance.
Domestic Abuse & Protective Orders
We know that some relationships can be difficult to the point that when the relationship is ending you may need additional protection to keep you and/or your children safe.
We can help you obtain such protection, through the courts if necessary, and we will also signpost you to services that can provide you with the additional, specialist support you might need.
You should be aware, however, that we do not have a contract to undertake publicly funded work.
Collaborative Process
Court proceedings should usually be a last resort when resolving family disputes and there are numerous alternative ways of reaching a settlement; known as Alternative Dispute Resolution.
At Brigstow Family Law we can support and advise you through mediation, negotiations, roundtable settlement meetings, arbitration, ‘private FDRs’, or the collaborative process.
Bessie Hanson is a collaborative practitioner and she will happily explain the process to you if this is something of interest. It is a great option for separating families where there is a joint commitment and desire to reach an agreed solution and consider what the best outcome is for the family overall.
Mediation
Family Mediation is a form of Non-Court Dispute Resolution (“NCDR”) and is a voluntary process and provides a safe space in which both parties can come to an agreement about their children or financial affairs. The family courts actively encourage mediation as a process.
The family mediator acts as an impartial and neutral third person to assist separating couples reach agreement on the issues relevant to their matter. The mediator will, when appropriate, provide legal information to enable the parties to make informed decisions and move towards agreement. They also ensure that discussions remain respectful and constructive.
Mary Gaskins is a qualified mediator and a specialist family lawyer and can help you and your partner agree arrangements in relation to your finances, or children arrangements, in the event of separation.
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