KJDesbottes&CO - What We Do - Family Mediation
What we do

K J Desbottes & Co is
a well respected local firm providing legal services to clients experiencing any aspect of matrimonial or relationship breakdown

We are a well respected niche family practice in Surrey.

We aim to provide a professional yet highly supportive approach to all our clients during what can be a very emotional and traumatic time in their lives.

Specialist areas include:

Divorce >

Divorce is the process by which a marriage is brought to an end. There is only one ground for divorce and that is irretrievable breakdown. This can be shown in one of five ways: 5 years separation, two years separation, desertion, adultery or unreasonable behaviour.

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Civil Partnership Dissolution >

This is the process by which a Civil Partnership is brought to an end. Like divorce, the relationship must be shown to have broken down irretrievably.

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Separation >

If you have separated from your spouse or civil partner but are not ready for a divorce, a Separation Agreement setting out in writing how you propose to organise your family and finances may be a good option. Although not 100% binding, this is a very persuasive document should there be a dispute in the future.

If for any reason divorce or dissolution is not an option for you, you may wish to look at a decree of Judicial Separation (in the event of marriage) or a Separation Order (in the event of a Civil Partnership) which enables the court to look at your financial arrangements and make an order ratifying them. This could include pension attachment (but not pension sharing) which is not available in a Separation Agreement.

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Financial settlements >

It is advisable to agree a financial settlement in the event of relationship breakdown, so that couples may achieve finality and can start afresh. Settlements should deal with all property, savings, investments, shares and pensions held jointly or individually as well as income and business interests.

There are several ways a settlement can be achieved: by mediation, collaboration, negotiation between the couple or their solicitors, or through the court. The merits of each of these can be explored.

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Variation or Enforcement of Court Orders >

Occasionally, it may be necessary to look again at an order of the court, be it financial or in relation to children, due to a change in circumstances. Before doing so, it is important to look at the merits of making changes and how much it will all cost.

If a Court Order is not obeyed it is possible to ask the Court to enforce it.

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Pre and post nuptial agreements >

Prior to marriage or civil partnership couples may like to consider a pre nuptial agreement particularly if there is a financial imbalance. This is a way in which a couple may record any agreement they have reached in relation to finances. At any time after marriage or civil partnership a post nuptial agreement is an option.

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Cohabitation agreements >

Contrary to popular belief cohabiting partners do not have the same rights as those that are married or have entered a civil partnership.

There is no such thing as a common law husband or wife.

In the event cohabitants separate, resolving the finances may not be straightforward. Cohabitation agreements may avoid this and given the complexity of the law, are financially very worthwhile.

If cohabitants jointly own property or intend to purchase property together, a ‘deed of trust’ or a cohabitation agreement is advisable.

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Children matters >

When parents separate, there can often be a difference of opinion about what is best for their children. Should agreement not be reached, then the court can be asked to intervene as a last resort. It has wide-ranging powers, and can deal with disputes as to where a child should live, and how frequently they should see other family members. The ultimate aim is to ensure, wherever possible, that children maintain a good relationship with both parents.

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Special Guardianship >

This is viewed as an alternative to adoption and allows a child to continue to be cared for by members of his or her extended family where their parents are unable to do so, without the permanence of adoption. There is also some financial incentive. This particular order is available in any family court case concerning children.

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Inheritance Act Applications >

In the event that a family member dies leaving dependants without proper financial support, then it may be possible for a claim to be made against the deceased’s estate. Claimants need not be related to the relevant family member to be eligible.

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Lasting Powers of Attorney >

If you wish to make arrangements for your personal welfare and/or finances in the event of an accident or medical condition that inhibits your ability to make your own choices, you can do so through Lasting Powers of Attorney (LPA). LPAs enable you to choose who will make decisions on your behalf either alone or with someone else.

Whatever your age or circumstances, LPAs are relevant to you.

LPAs can be made in conjunction with a Living Will or independently.

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We offer a half hour fixed
fee interview

Please contact us to find out how we can help.

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