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Austin Kemp’s Family Law and Divorce Services
Realistic advice - robust representation
At a time of emotional turmoil as a relationship comes to its close, the very last thing which anyone needs is to become embroiled in protracted and expensive arguments about money or how the children are going to be cared for. Very occasionally this is unavoidable, but in the majority of cases we can help you move to the next stage of your lives minimising the disturbance, cost and distress.
The keys to this are realism in setting your goals and a firm but flexible approach to negotiations with your former partner.
Realistic advice – how to separate
Married and separating? We aim to give clients a clear idea at our first meeting of just what they can realistically expect for the future in terms of how money and property can be divided to enable them to live apart. In short, we aim to show you how to separate and how to divorce. In most cases, we can show how limited resources can be stretched to provide two homes and new household budgets. Where assets are more substantial, we can explain what sort of division would be considered fair, according to the principles which are now used to decide this and work out how that fairness can be implemented. We aim never to promise anything we can’t deliver but set out to achieve the best possible result for you.
Where children are concerned, the courts have one standard and one only – what is best for the child? We can show you what that is likely to mean in your specific circumstances and what the range of options is for each of you to have a healthy relationship with your children as you go your separate ways.
Robust representation
Our clients’ interests always come first. We do not needlessly antagonise – usually all this does is reduce your bank balance. However, we make it our business never to be intimidated and will fight your corner tenaciously whenever it is necessary. We always have cost as a key focus – there is no point in having an argument which is going to cost more than it could conceivably benefit you. We are fully familiar with court procedures and are able to conduct advocacy ourselves where appropriate or instruct specialist barristers when this is called for. With many years experience of how parties set out to conceal assets and their true intentions to skew settlements in one direction or the other, we are adept at rooting out the true value of everything owned by the parties and identifying the different ways in which it can be fairly divided.
Where children are concerned, we will show the different ways of minimising the distress to your children and how you can use the different court procedures to create a living arrangement which will do this.
Family law – the future not the past
It is essential to remember that family lawyers are here to deal far more with your future than your past. The powers the courts have are not to make one party suffer for hurt or betrayal they have been responsible for. They are not there to punish or bring retribution. They exist simply to enable the two of you to live apart in the future instead of together. What has happened during the course of your relationship is of some, but limited, importance in deciding how your finances are to be divided and how the children are to be cared for. You need to see the past as the reason for your divorce or separation, but not as shaping your future. If we seem sometimes to skate quickly over things which have happened which feel very important to you, this is not because we don’t care but because we don’t want to waste your money on lengthy information which will not move your case forward.
For all family law problems
The only area of family law we don’t assist with is care proceedings. Not only do we deal with problems of how to separate and how to divorce, we also deal with financial problems after death. We can advise on how to apply for financial assistance where a will didn’t provide enough or where there was no will at all. We can advise on whether a will was validly made or not.
How we can help you
The retainer
Traditionally solicitors have always been retained to provide a full service in family law matters. This means that they advise their clients and act on their behalf in any negotiations and court proceedings. They receive any letters or court documents on the client’s behalf and the other party’s solicitor is forbidden to communicate with the client direct. This remains the highest quality form of legal assistance and is by far the most common. It enables us to reduce the stress of the case as far as possible and we become a buffer between you and your former partner. Our charges for a standard retainer are calculated on an hourly rate, which is determined by the complexity and value of the case. We shall notify you of the applicable rate at our first meeting with you and will give you an estimate of the likely overall cost of the case.
Fixed price initial advice
We offer a first advice session at a fixed price so you do not have to worry about how much it will cost to learn how your case can be dealt with. At this meeting you will learn what legal options are available to you, what it would cost to retain us to act for you and whether you can handle the matter yourself.
Fixed price divorce
If your situation is particularly straightforward and all you need is help with ending your marriage, we can give you a fixed price for taking the matter to decree absolute, the document which finally brings your marriage legally to an end.
Fixed price advice sessions
We offer the opportunity of having advice on specific aspects of your case as and when you feel you need it and can agree a price with you in advance. This enables you to have access to the advice you need without the worry of knowing how you are going to be able to pay for it. You would have to deal with your opponent or his/her solicitors directly and attend all court hearings yourself. For uncomplicated divorces and financial agreements, this may well be all you need.
Advocacy only
If you feel able to cope with preparing all the necessary documents for court and writing to your opponent or his/her solicitor but are concerned about the hearings themselves, you can instruct us to conduct the hearings. You would be responsible for having all the documents in order and would have to instruct us in good time. If you choose to instruct us on this basis, we shall explain to you the minimum time period for you to provide us with instructions and the documents we shall need from you.
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