FAQs about Family Law

Bromley Family Law FAQs

I have just got married.  Should I change my will?

Yes, it is advisable that when your circumstances change drastically, you should update your will.  Drastic changes to your circumstances may include marriage, separation, the acquisition of valuable property and the birth of children.  In the absence of drastic changes, it is also advisable to review your will every five years or so with a solicitor.

I am having a family dispute.  What is the best way of resolving it?

Broadly speaking, the law does not like to intrude on private family matters where possible.  With that in mind, it is obviously best to try and resolve family matters privately.  If this proves impossible, the next step will involve consulting a solicitor and trying to negotiate through them.  Mediation is a type of ADR (Alternate Dispute Resolution) that is increasingly being used for resolving family disputes.  The purpose of mediation is to find common ground between the parties to a dispute and come to an agreement through a professional mediator.  Bromley solicitors would be happy to arrange mediation on your behalf.  Some matters, however, are best solved through the courts, so consult legal advice whereever possible.

I am being denied contact with my child.  What can I do about it?

You could advise your solicitor to write a letter to your former spouse stating your legal right to contact with your child.  Should informal negotiations prove useless, then you can apply for a contact order.  You need to apply to the courts for an order.  An order will state the terms and conditions on which you will be allowed to see your child, including days, times and way in which you maintain contact (through a contact centre, in writing, on the telephone, in person).  The best interests of the child are central to whether an order is granted and the terms and conditions that will apply.  The court may appoint a family reporter to look at the issue in more detail, which may involve interviewing you, the child and your former spouse.

Do grandparents and siblings have a right to contact with children?

Yes, siblings and grandparents are entitled to maintain contact with children.  Where it is impossible to negotiate the matter privately, you may wish to make an application to the courts for a contact order, which will state the conditions and terms on which you are allowed to maintain contact.

How can I put a stop to domestic violence?

You can make an application for an injunction.  There are two types of injunction: a Non-Molestation Order and an Occupation Order.  Non-Molestation Orders prohibit your spouse from harassing or assaulting you or your children.  An Occupation Order is a court order stating who is to live in the matrimonial home following instances of domestic violence.  ‘Powers of Arrest’ can be attached to both orders which will give the police the power to arrest your spouse if the order is breached.  These orders can also be applied for by persons who are not married, same sex couples and for persons who own or share an interest in a property with someone else.

What’s a separation agreement?

Separation agreements are used following separation to informally and legally clarify and resolve matters related to child custody, who will live in the matrimonial home, child and spouse maintenance and other financial matters.  Subject to certain legal requirements, they are binding legal agreements and if there is a breach of the agreement, the agreement can be relied if legal action through the courts is commenced.

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