We recognise that a relationship breaking down can be one of the most stressful events in your life. That is why at Winch & Winch Solicitors we adopt a sensitive and constructive approach, whenever possible, particularly where there are children involved. We encourage our clients to settle matters by agreement, rather than by contested court proceedings, which can be lengthy and expensive.
Our Chatham divorce solicitors can deal with all aspects of the divorce process, including the divorce itself and financial/property settlements, including claims relating to maintenance and pensions. We also deal with separation issues and cohabitation disputes and are able to help parents resolve any issues relating to children. We also accept agency instructions for divorce and family matters.
The following provides brief descriptions of our family law services.
Divorce (Including Same-Sex Couples)
Going through a divorce is a stressful and emotional time whatever the circumstances. We will assist you through this process, advising you on all the relevant points of law, procedure and related issues such as matrimonial finances and matters concerning the children.
We will draft all the necessary documentation and represent you at Court, if Court proceedings become necessary. Our objective is to provide constructive and cost effective advice. We adopt a non-confrontational approach and encourage our clients to reach a settlement by agreement, rather than contested Court proceedings.
Financial Remedies for Married and Unmarried Couples
We will discuss with you the various applications and alternatives that are available to you and/or your spouse/partner in respect of financial matters. Ideally, we encourage clients to reach a settlement by agreement. This can be done by attending mediation, negotiations taking place via legal representatives or indeed directly between the parties.
Normally, it will be necessary for the process of full and frank disclosure to take place before legal representatives can advise on what would be a fair and reasonable settlement. It can take several weeks and in some cases, several months before agreement is reached and a Consent Order/Separation Agreement put in place.
If agreement cannot be reached we will advise, assist and represent you in Court proceedings to final conclusion. These types of proceedings can be lengthy and expensive, therefore the aim will always be to settle by agreement wherever possible.
Upon separation/divorce issues concerning the children are of paramount importance. Ideally, all children wish to live with both of their parents and for their parents to be happy together. However, this is not always possible.
We therefore advise you of all the possible options and alternatives available in order to reach an agreement on the child care arrangements. It is important that the parties consider the children's welfare and happiness and refrain from using the children as a means of hurting the other parent due to animosity that may have arisen as a result of the breakdown of the relationship.
Mediation is available to the parents where issues in dispute cannot be ironed out, with the assistance of a completely unbiased third party. Negotiations can take place via legal representatives in correspondence and agreement reached thereafter. In default of agreement we will advise, assist and represent you in Court proceedings should this course of action become necessary. We will at all times encourage our clients to settle by agreement in order to keep matters as amicable as possible and with a view to keeping costs low.
Essentially this is when a child is illegally removed from their home by an acquaintance or family member and taken to a foreign country. Depending on the jurisdiction of the country of removal, we will advise and assist you in retrieving your child and returning back to his or her home country and back in your care.
Often this will involve making emergency applications to the Court to obtain Disclosure Orders, particularly in cases where the whereabouts of the child is in question. We will represent you in such proceedings and make all the necessary applications in order to seek the return of your child.
Normally where an injunction is required, urgent action needs to be taken to prevent the opposing party from continuing the behaviour that has caused concern, whether this be an act of violence, aggressive behaviour or threats to harm.
We will advise you on the appropriate course of action and if necessary provide you with emergency representation at Court in order to obtain the required Orders. We will arrange for the Injunction Orders to be served upon the opponent as necessary.
In some cases individuals are not ready to face divorce proceedings, however, need to address financial matters upon separation. In such circumstances we can draft a Separation Agreement, which records the financial agreement reached between you and your spouse. Likewise, in the case of unmarried couples, we are able to draft an Agreement reflecting the terms of the financial settlement reached pursuant to the separation. Although Separation Agreements are not binding, they are often used as a means of having a formal document in place that one will endeavour to rely upon in future proceedings.
The law in relation to cohabitees is somewhat more complex and difficult to that relating to married couples. We will provide you with clear and practical advice on matters that you need to be aware of in order to protect your assets, property and home when commencing cohabitation. In the event of separation, we will advise you on your rights in respect of the family home and applications available to you, depending upon your circumstances and whether there are any children of the family.
We offer initial fixed-fee interviews for a one-hour meeting at a cost of £150 (inc VAT).