Divorce & Family Law
Area of Law
Divorce & Family Law
Navigating family matters can be emotionally challenging and legally complex. At MD Law in Cardiff, we understand the sensitive nature of these situations and are dedicated to providing compassionate and expert legal guidance.
Our Expertise:
We provide specialist advice and representation in the following areas:
Divorce:
Whether you are considering or going through a divorce, we can help you understand your rights and responsibilities, navigate the legal process, and achieve the best possible outcome for you and your family. We handle all aspects of divorce, including contested and uncontested proceedings.
Financial Remedy:
Dividing assets fairly and equitably is a crucial part of divorce. Our experienced solicitors can assist you in valuing your assets, negotiating a settlement, and, if necessary, representing you in court to ensure a fair financial settlement.
Non-Molestation Orders & Occupation Orders:
Protecting yourself and your loved ones from domestic abuse is paramount. We can help you secure Non-Molestation Orders to prevent further harassment or violence, and Occupation Orders to determine who can live in the family home. We act swiftly and sensitively in these urgent matters.
Cohabitation Matters:
Whether you are planning to live together, are currently cohabiting, or your cohabitation has ended, we can advise you on your rights and responsibilities. We can assist with cohabitation agreements, disputes over property and finances, and other related matters.
Future Planning:
We also offer advice on pre-nuptial agreements, post-nuptial agreements, and other family-related planning to protect your interests and provide clarity for the future.
Trust of Land and Appointment of Trustees Act 1996:
While we act for many divorcing couples, we are also mindful that not everyone is married and therefore not protected or able to seek legal redress under the laws permitted for divorcing couples or dissolution of civil partnerships. Therefore if a couple who live together separate, often there can be hostility surrounding how the division of equity in the property will be split, or when and how will the property be sold.
The law in this field is regulated under the civil procedure rules and as such a different process is necessary.
We can act for clients who have been cohabiting with their partner, and offer legal expertise in this area, offering legal advice and support at a difficult time.
We often instruct Counsel to assist in matters, who provide their excellent knowledge and expertise, which is often very reassuring and an added layer of knowledge to the case, particularly if matters have become intricate.
Our Approach:
We appreciate how stressful these issues can be. Family matters often involve highly personal and emotional circumstances. At MD Law, we pride ourselves on our friendly and empathetic approach.
Our experienced solicitors are dedicated to providing clear, practical advice, explaining your options in plain English, and supporting you every step of the way.
We understand that these times can be incredibly challenging, and we are here to guide you through them with sensitivity and professionalism.
We are committed to achieving the best possible outcome for you, whether through negotiation, mediation, or court proceedings.
Contact Us Today:
Facing a family legal issue can be daunting, but you don’t have to face it alone. Contact MD Law in Cardiff today to schedule a confidential consultation.
We are here to listen to your concerns, answer your questions, and help you take the first steps towards resolving your family matter.
Get in touch to make an appointment and let us help you navigate this challenging time.
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Frequently asked questions
We understand that family law matters can be complex and raise many questions. We’ve compiled some frequently asked questions below to provide you with general information. However, every family situation is unique, and your specific circumstances may require tailored legal advice. If you have a question that isn’t covered here, or if you’d like to discuss your situation in more detail, please don’t hesitate to contact us. We’re here to help.
What is a divorce, and how do I start the process?
A divorce is the legal dissolution of a marriage. The process typically begins with filing a divorce application with the court. You will need to show that the marriage has irretrievably broken down, meaning it cannot be saved. We can guide you through the necessary paperwork and procedures.
How are finances divided in a divorce?
Finances are divided through a process called financial remedy. The court aims to achieve a fair and equitable division of assets, taking into account various factors such as the length of the marriage, the parties’ incomes and earning capacities, and the needs of any children. This can involve dividing property, pensions, and other assets.
What is a prenuptial agreement, and is it legally binding?
A prenuptial agreement (prenup) is a contract entered into by couples before marriage, outlining how their assets will be divided in the event of a divorce. While not automatically legally binding in the UK, prenups are given significant weight by the courts, provided they are entered into freely and fairly, and the terms are not considered unfair.
Click here to read our blog post that covers this question in more detail.
What is mediation, and is it a good option for me?
Mediation is a process where a neutral third party (the mediator) helps couples to reach agreements about their family matters, such as divorce, finances, and children. It can be a less adversarial and more cost-effective way to resolve disputes than going to court. It’s a good option for couples who are willing to communicate and compromise.
How can I protect myself from domestic abuse?
Domestic abuse can take many forms, including physical, emotional, and financial abuse. Legal options include applying for a Non-Molestation Order (to protect you from further abuse) and an Occupation Order (to determine who can live in the family home). We can help you secure these orders and provide support and guidance.
What is cohabitation, and what are my rights if I'm living with someone but not married?
Cohabitation is when couples live together without being married. Contrary to popular belief, there is no such thing as a “common law marriage” in the UK. Cohabiting couples do not have the same legal rights as married couples. It’s advisable to have a cohabitation agreement in place to protect your interests.
What is a Child Arrangements Order, and how do I apply for one?
A Child Arrangements Order sets out who a child lives with and spends time with. It can also deal with other aspects of parental responsibility. You can apply to the court for a Child Arrangements Order if you cannot agree arrangements with the other parent.
How do I arrange contact with my child after a separation?
Ideally, parents should try to agree on contact arrangements amicably. This can involve discussions between yourselves, or with the help of a mediator. If you can’t agree, you can apply to the court for a Child Arrangements Order, which can specify contact arrangements.
What is a Non-Molestation Order, and how do I get one?
A Non-Molestation Order is a court order that prohibits someone from engaging in certain behaviors, such as violence or harassment. You can apply for a Non-Molestation Order if you have been the victim of domestic abuse. We can help you with the application process.
Click here to read our blog post that covers this question in more detail.
How much will my family law matter cost?
The cost of legal representation will vary depending on the complexity of your case. We offer various fee structures and will discuss these with you at your initial consultation.