Our family law and child care solicitors have experience in the whole range of issues surrounding relationship breakdowns. At Levin’s Solicitors we recognise that any divorce or separation is a stressful time.
Whether you are considering taking the difficult step of beginning divorce proceedings or your spouse has issued proceedings against you, our team of experiences Lawyers are here to help and advise you on all aspects of the Divorce procedure and process.
Our specialist solicitors can also offer advice to couples planning to or already living together. We can prepare agreements to ensure legal rights and help to minimise arguments and settle differences in the unfortunate event of relationship breakdown.
In the event of an unmarried relationship breakdown we can help take care of the personal and financial aspects that arise.
Financial Settlements
A marriage breakdown often leads to disputes over property and finance; our family solicitors are here to advise you of your rights in respect of your home and other assets.
We are experts in ancillary relief and have a wealth of experience in negotiating settlements in cases with limited assets and as well more complex cases.
Other areas of work we offer
| Adoption | Change of Name Deeds | Care Proceedings |
| Civil Partnerships | Cohabitee Disputes | Domestic Abuse |
| Grandparents rights | Pre-Nuptial Arrangements | Parental responsibility |
| Parental abduction | Financial Matters | Divorce / Separation |
| Injunctions | Specific Issue Orders | Prohibited Steps Orders |
Levins Solicitors have been awarded a contract to offer Legal Aid where eligible and in the alternative we are happy to discuss alternative ways to fund your case with.
Meet The Team
 Angela Holligan |
 Suzanne Daley LLB (Hons) |
 Annemarie Hussey |
 Jessica Foy BA(Hons) |
 Cheryl Clarke |
Frequently Asked Question About Divorce
How can the family department help me?
We can help and advise in a variety of ways in all aspects of Family Law including:
| Divorce and Separation | Contact With Children |
| Residence Of Children | Financial Matters |
| Injunctions | Cohabitees Rights |
| Care Proceeedings | Adoption |
| Change Of Name | Grandparents Rights |
| Civil Partnerships | Parental Responsibility |
Can I get Legal Aid / How much will it cost me?
If you qualify for Legal Aid we may be able to help you free of charge. When we first meet with you we will determine if you qualify or not. If you are in receipt of income support, income support based job seekers allowance, income based employment and support allowance or guaranteed credit it is likely you will be eligible for public funding. You must bring proof of benefit on your first appointment. If you are working or in receipt of any other benefits an assessment will be undertaken on the first interview. If you do not qualify, we will tell you how much we expect your case to cost. We will do our best to keep costs as low as possible and if our estimate changes, we will inform you as soon as we can. We accept cash and cheques, or if it is easier for you, you can pay by debit or credit card. Other payments options such as Standing orders can be discussed at the first interview
When can I get divorced?
You can initiate divorce proceedings after you have been married for one year.
Do I have to go to Court to get Divorced?
These days most divorces are effectively dealt with as paper transactions. Documents can be filed and the court will consider the vorce petition without needing anyone to attend. We can advise you on the paperwork needed and the process.
What are the grounds for a divorce?
There is just one ground for divorce – irretrievable breakdown of marriage. However, you have to prove irretrievable breakdown in one of five different ways. These are: adultery, unreasonable behaviour, desertion for two years, separation for two years with consent from the other party, and separation for five years where no consent is needed.
How long does the divorce process take and what is involved?
A typical divorce takes between 3 and 6 months. Much depends on whether or not your spouse responds quickly when he or she receives your petition.
What if the respondent does not return the acknowledgement of service form?
You will need to arrange for the court bailiff to personally serve the divorce documents on the respondent. If successful, the court bailiff then swears an affidavit confirming service. Should the respondent still not respond, you proceed to the next stage which is an application for Special Procedure whereby you use the bailiff’s sworn affidavit as an exhibit. You will have to pay the court a fixed fee for this service. From the date of service, you must allow 29 days for your spouse to respond. If they do not, you can then apply for the Decree Nisi which is the first decree in your divorce.
How long do I have to wait before I can apply for the Decree Nisi to be made absolute?
Six weeks and one day. After this you can apply for the decree absolute.
What does parental responsibility mean?
Parental responsibility is the legal term given to a parent’s obligations to the child to nurture the child and to be involved in any issues relating to the child’s welfare, emotional and physical development and, in particular, important aspects of health and education. A mother automatically gets parental responsibility for her child. A father acquires parental responsibility by being married to the mother or by his name being on the birth certificate for the child. Couples can also agree that parental responsibility should be given, and we can advise on the mechanics for arranging that. Parental responsibility can also be given to other members of a child’s family if appropriate and in conjunction with other court orders. Parental responsibility can be shared between parents or other carers. It is possible to get a court order to restrict how somebody may use their parental responsibility and again we can give full advice.
There is a dispute over contact, what can I do ?
We can assist by giving advice on the ways to promote contact, so that the children continue to have a relationship with both their parents. Equally, however, if there is good reason for contact to be supervised or assessed, we can give advice about the steps that can be taken to achieve that. There is no immediate answer to these problems. It may be that we will suggest that mediation might be appropriate. Court orders are a blunt instrument and generally research shows those children’s arrangements achieved by consent work better in the long term than court imposed orders. However, there is now an emphasis on court based mediation which can prove very effective where one parent is initially reluctant to take a proactive stance in working out the arrangements in the best interests of the children.
Who are CAFCASS and how are they involved in my case?
CAFCASS stands for Children and Family Court Advisory Support Services. CAFCASS look after the interests of children involved in family court proceedings. There is a website that gives full details at www.cafcass.gov.uk. The main types of cases in which the court ask CAFCASS to help are where parents and carers are separating or divorcing and have not reached agreement about arrangements for the children, where social services have become involved and children may be removed from their parents’ care for their safety, and where children could be adopted. We can give advice about whether CAFCASS will be involved in your case and the implications for your family.
Can we make an application for contact to our grandchildren?”
Yes, this is possible. Leave of the Court is required before the application is allowed to proceed. The Court will want to know why the contact is being denied, the historical relationship you have had with your grandchildren and the effect any Contact Order with you may have upon any other contact that they may be having with their non-resident parent. The welfare of the children is the most important factor for the Court to consider.
Financial Disputes do I have to go to court?
Frequently financial disputes can be resolved by straightforward negotiation between the parties or alternatively using mediation. If these fail then you can make a court application but at the same time continue to try to negotiate a settlement. Sometimes we may advise that a court application should be made in order to establish a timetable for resolving outstanding issues to avoid long term uncertainty. We can advise on all the various courses of action and on the likely outcome for your financial future.
What is a consent order?
A financial consent order is a record of what the parties have agreed in relation to their finances following the breakdown of their marriage or civil partnership. Frequently it reflects what has been agreed in mediation, on a collaborative law settlement or by negotiation. A document is prepared and supported by brief financial details, and those documents are put before a Judge for consideration. It is dealt with as a paper exercise and it is not necessary to attend court. Consent orders are very useful as they serve to avoid any future dispute over what the parties agreed at the time of the divorce, and we can advise you fully on the terms of any order before you agree to it.
My wife/husband physically assaults me, what can I do?
If you are in that unhappy situation, you can come to us for impartial advice about the best way to protect yourself, whether it be by separation or, if necessary, by application to the court for injunctive relief.
What is a Care Order?
In simple terms, if a Local Authority (Social Services) is granted a Care Order then the Local Authority acquires Parental Responsibility and becomes the third parent (in addition to the mother and the father).
What is the role of the children’s guardian?
In care proceedings, the Court will usually appoint a children’s guardian for the child concerned. The guardian will be an independent professional and advise the Court as to what is in the child’s best interests.
