FAMILY LAW
Over 10 years in Employment law
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Over 22 years in Immigration law
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Over 10 years in Family law
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5* Rated lawyer
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Over 10 years in Employment law 〰️ Over 22 years in Immigration law 〰️ Over 10 years in Family law 〰️ 5* Rated lawyer 〰️
DIVORCE FINANCE & CHILDREN
Divorce and Separation
Divorce legally ends a marriage, while separation allows couples to live apart without ending the legal relationship. Under the no-fault divorce system introduced in 2022, couples no longer need to prove adultery, unreasonable behaviour, or separation to obtain a divorce. Instead, one or both spouses can apply by stating that the marriage has irretrievably broken down.
The process involves:
1. Filing a divorce application (either jointly or individually).
2. Conditional order (previously the decree nisi) after a 20-week reflection period.
3. Final order (previously the decree absolute), which legally dissolves the marriage.
For unmarried couples, separation does not involve a legal process, but financial and child-related issues may require legal agreements.
Pre-Nuptial & Post-Nuptial Agreements
A pre-nuptial agreement is a contract made before marriage that outlines how assets and finances should be divided if the marriage ends. A post-nuptial agreement is similar but made after marriage.
Although not automatically legally binding, courts will consider them if:
• Both parties fully disclosed their financial situation before signing.
• The agreement was made without pressure.
• Both parties had independent legal advice.
• The terms are fair and do not disadvantage one party or any children.
These agreements can protect inherited wealth, business interests, and assets acquired before marriage.
Separation Agreements
A Separation Agreement is a written contract between separating partners setting out financial and practical arrangements. It can cover:
• Who lives in the family home.
• How assets and debts are divided.
• Child arrangements.
• Maintenance payments.
While not legally binding, courts often uphold fair agreements if both parties had legal advice and fully disclosed their finances.
Consent Orders
A Consent Order is a legally binding agreement that formalises financial settlements in a divorce. It ensures that neither party can make further financial claims in the future.
A Consent Order can cover:
• Division of property and assets.
• Maintenance payments.
• Pension sharing.
• Debt responsibilities.
Without a Consent Order, financial claims remain open even after divorce.
Civil Partnerships
Civil partnerships offer legal recognition similar to marriage. They can be ended through dissolution, which follows a process like divorce.
Couples in a civil partnership have rights to:
• Financial settlements upon dissolution.
• Parental responsibility for children.
• Inheritance rights.
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Cohabiting & Unmarried Couples
Unmarried couples do not have the same legal rights as married couples. There is no automatic right to financial support, property, or pensions, even after long relationships.
Key legal protections include:
• Cohabitation Agreements, which outline financial responsibilities and property ownership.
• Property ownership laws (determined by whose name is on the deeds or mortgage).
• Child maintenance obligations, which apply even if the parents were never married.
Child Arrangement Orders
When parents cannot agree on child arrangements, such as where a child will live or how much time they will spend with each parent, the family court can make a legally binding decision based on the child's best interests.
The court follows the Welfare Checklist under the Children Act 1989, considering factors such as:
✅ The child’s wishes and feelings (depending on their age and understanding).
✅ Their physical, emotional, and educational needs.
✅ Any risk of harm to the child.
✅ The ability of each parent to meet the child’s needs.
✅ The effect of changes in the child’s circumstances.
The court’s priority is always the child’s welfare, and it encourages parents to cooperate and reach agreements where possible. Mediation is often required before court proceedings unless there are safeguarding concerns.
For expert legal advice on child arrangements, contact Piya Legal today.
Finances & Property Division on Divorce and Separation
Financial settlements on divorce aim for fairness rather than an automatic 50/50 split. Courts consider:
• The income and earning capacity of each party.
• The needs of any children.
• The length of the marriage.
• The contributions of each party, including non-financial contributions (e.g., childcare).
• The standard of living during the marriage.
Assets considered include:
• Property (the family home, rental properties, etc.).
• Savings and investments.
• Pensions.
• Debts (shared responsibilities may apply).
A Clean Break Order can ensure financial ties are fully cut after divorce, preventing future claims.
Maintenance Issues
Maintenance can be awarded to support an ex-partner or children after separation.
• Child Maintenance: Parents are legally required to support their children financially. Payments can be arranged privately or through the Child Maintenance Service (CMS).
• Spousal Maintenance: This may be awarded if one spouse cannot support themselves post-divorce, especially after long marriages. Payments can be temporary or long-term.
Courts consider income, financial needs, and earning capacity when deciding on maintenance.
“The family is one of nature’s masterpieces:”
Domestic Abuse
Domestic abuse includes:
• Physical, emotional, financial, and sexual abuse.
• Coercive control (controlling behaviour that isolates or manipulates the victim).
Legal protections include:
• Non-Molestation Orders to prevent harassment or threats.
• Occupation Orders to remove an abuser from the family home.
Victims can also access support through domestic abuse charities, the police, and legal aid in some cases.
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Non-Molestation Orders
A Non-Molestation Order is a court order that prevents an abuser from:
• Contacting the victim.
• Threatening or harassing them.
• Coming near their home or workplace.
Breaching the order is a criminal offence, leading to arrest or imprisonment.
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Occupation Orders
An Occupation Order decides who can live in the family home. It can:
• Remove an abusive partner from the property.
• Restrict access to certain areas of the home.
• Allow the victim to return to the property if they were forced to leave.
The court considers:
• The housing needs of both parties.
• The impact on any children.
• The risk of harm to the victim.
Occupation Orders can provide temporary protection and may last for several months.
Why Choose Piya Legal for Family Law Matters?
Family law issues can be emotionally challenging and legally complex. Whether you're going through a divorce, child custody dispute, financial settlement, or domestic abuse situation, Piya Legal provides expert, compassionate, and results-driven legal support to help you navigate this difficult time.
✅ Expert Legal Guidance – Our deep expertise in UK family law ensures that you receive the best legal advice for your situation.
✅ Compassionate & Understanding Approach – We know that family law cases can be stressful, and we handle every matter with care, discretion, and sensitivity.
✅ Strong Legal Representation – Whether you need assistance with negotiating settlements, mediation, or court representation, we are dedicated to protecting your rights and securing the best outcome.
✅ Tailored Solutions for Your Needs – Every family is unique. We provide customised legal strategies to meet your personal and financial circumstances.
✅ Transparent & Practical Advice – We offer clear, straightforward guidance, so you fully understand your rights and options—no hidden fees, no unnecessary complications.
We are here to support, guide, and fight for you in all family law matters. Let us help you find the best way forward.
Advocating in Immigration Employment & Family law with a passion since 2003.
The founder of Piya Legal, Piya Mayenin joined as a consultant in Taylor Rose five years ago. Taylor Rose is a Top 75 law firm in the United Kingdom with its headquarter in Peterborough with branches all around the country, and it has over 1000 experts.
A leading lawyer in her areas , Piya works with a passion to achieve the goals of the client successfully.
With over 22 years of experience, as a paralegal and then a qualified solicitor, Piya has the insight, experience , expertise and the maturity to handle your matter safely and successfully, whatever your concern or cause may be.
Piya Mayenin, founder Piya Legal & consultant solicitor at Taylor Rose.
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