Mr Alex Angus LLB (Hons), one of our Partners, heads the Family Law department and is assisted by Emma Raggett, who is a Trainee Legal Executive and Samantha Read. Mr Angus has over 30 years experience in dealing with family law and he specialises in divorce, cohabitation and child contact/residence matters. Alex has been at the Wickford office since 1980, originally working alongside Brian Ruff.

We feel that a conciliatory approach in family matters is preferable. This is not always possible however and sometimes there is no alternative other than to let the Court decide matters. We believe that it is important that an amicable relationship between the parties is maintained if at all possible, especially when there are children involved. We aim to resolve disputes practically with imagination, sensitivity and discretion.

"May I take this opportunity to pass on my deepest thanks to you and your team in concluding this case for me. It took alot for me to trust another solicitor, but you won that trust and I thank you for renewing my faith in human nature. I would have no hesitation recommending your services to anyone that was in need of it, it only saddens me the circumstances with which we had to meet! Kindest regards." K Royden - Burnham

In addition to divorce and child contact matters the Family Department can also provide advice regarding:-

• Residence (custody) of children
• Parental Responsibility
• Domestic Violence Injunctions and Occupation Orders
• Disputes between cohabitees
• Deeds of Separation
• Deeds of Cohabitation (a Pre-Nup for Cohabitees)
• Pre-Nuptial Agreements
• Change of Name Deeds for adults and children

Please see below for more detailed descriptions of some of the services we provide.

"When I complained to a friend that my current solicitors were making my divorce go on forever, with spiralling costs, he recommended Brian Ruff, Angus & Jewers. Mr Angus cleared up the mess quickly, efficiently and reasonably. I would have no hesitation in recommending Brian Ruff Angus & Jewers." Mr K - Leigh on Sea

DIVORCE

The person who issues the divorce Petition is called the Petitioner and the person who receives it is called the Respondent. It is usually more expensive to be the Petitioner as they have to pay the Court fees. In some cases it is possible to claim your costs back from the Respondent, providing the Court orders this, or you may be able to agree with your former spouse to pay 50% of the Court fees each.

Any person who can comply with all of the three following conditions may apply to the Court for a divorce:-

1. You must have been married for over one year
2. You must be domiciled in England or Wales, or have been habitually resident in either England or Wales for at least one year immediately prior to the filing of the Petition.
3. You have to be able to rely on at least one of the following grounds - adultery, unreasonable behaviour, desertion, two years separation with consent from the Respondent and 5 years separation.

If you have been served with a Petition and need advice before completing the Acknowledgement of Service please contact us for assistance. This could be dealt with for a fixed fee of £50 plus VAT.

DIVORCE AND DIVIDING THE MATRIMONIAL ASSETS

The usual procedure we use with regard to negotiating the division of the matrimonial assets is to first request full and frank disclosure of the financial position of both parties. This is usually achieved by both parties providing details of their income, assets, debts, pensions and outgoings.

Once financial disclosure has taken place it is possible to begin negotiations with the other party and hopefully come to a speedy and fair settlement.

However, if one party does not wish to co-operate in giving full and frank disclosure, an application for Ancillary (Financial) Relief can be made to the Court to compel them to provide this information.

The procedure for dealing with the Ancillary Relief Application is fairly complex and if this course is taken we will provide you with expert advice, tailored to your individual needs and circumstances.

The aim of all financial negotiations within the divorce is to secure an Order by Consent, which is the document which sets out the settlement reached and the timescale in which that settlement has to be completed, e.g. a policy has to be surrendered within 28 days and the proceeds divided between the parties.

Without a Consent Order, or an Order from the Court dismissing each parties' claims for financial relief, the matter is left open, which could theoretically result in a claim on your assets by your former spouse at any point in the future. It is therefore very important to conclude financial matters properly to allow both parties to get on with their lives, without the threat of future proceedings hanging over their heads.

CHILDREN - CONTACT AND RESIDENCE APPLICATIONS

A natural parent of the child(ren), or indeed any other person, may apply for an Order under the Children Act 1989, subject to the Court granting specific leave for them to make such an Application. Normally this is a grand-parent, although other family members may also apply and on occasion non related persons.

The applications that can be made are as follows:-

i) Residence
This is an Order that the child live with a particular party. They will have the day to day care of the children and generally the final say in any major decision.

ii) Contact
This is an Order that you can see the children on regular occasions. The Courts often set days and times as to when contact will take place.

iii) Parental Responsibility
This is an Order that an unmarried father of a child has the responsibilities of a married father. The most common reason for a Parental Responsibility Order is in a situation where a child may require surgery at hospital and that child is in the father's care. Without a Parental Responsibility Order the father would not be in a position to sign a form of consent to operate. Not all natural fathers need to apply for a Parental Responsibility Order, as if the parties were married at the time the child was born or married subsequently to the child's birth then that party has parental responsibility automatically.

iv) Specific Issue Order
This is an Order with specific terms, for example, an application to change a child's name, schooling or to seek leave to take the child out of the jurisdiction of England and Wales.

Other forms of application can be made but the above are the more generally used.

It is important to also consider that a dispute is different from a minor disagreement, i.e. if your opponent seeks contact from 9 a.m. to 5 p.m. and you are only prepared to agree 9 a.m. to 4.30 p.m. then unless there is a very good reason for the earlier time, then the Court may consider a refusal to agree 5 p.m. as an abuse of Court process. The Court also considers that a dispute over such minor matters causes children considerable upset and that parents should, as far as possible, endeavour to compromise matters wherever possible. Applications should not be made until all other avenues of settlement have been explored.

DOMESTIC VIOLENCE INJUNCTIONS

Please contact us as soon as possible after the incident occurs. It is also very important to secure medical evidence of any injuries sustained and thus an appointment with your GP should also be made. Applications can be made to remove the other party from the property and to prohibit them from coming into contact with you, your family, friends or place of work.

If you have any queries or would like to book an appointment please contact Emma Raggett or Samantha Read, either by phone on 01268 761126, or via email at brianruffs@aol.com

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© Brian Ruff Angus & Jewers 2008