Maintenance

Child Maintenance

The children are often the most important consideration for both of you and in the majority of cases it is hoped that an agreement can be reached on the appropriate level of child maintenance. If this is not possible for you then it will be necessary to turn to the Child Maintenance Service. The court can only deal with child maintenance in limited circumstances, for example, the paying party’s income is very high or the child is living abroad.

Spousal Maintenance

Whilst there is always an obligation to pay child maintenance in certain cases it may be appropriate for one party to receive spousal maintenance. The amount and length of time that the spousal maintenance is paid will depend on your particular set of circumstances.
It is vitally important that you seek advice on this aspect as spousal maintenance can be varied either upwards or downwards depending on your situation.
We offer a range of fixed fee packages and if you would like to learn more please contact Lindsay Jones on 0161 745 9170 or by email at lindsay.jones@ch-legal.co.uk for a free, no obligation chat.

When any relationship breaks down one of your primary concerns is how will the children cope and what arrangements can be put in place.
When you are embroiled in a break up dealing with issues relating to your children can seem impossible. If at all possible it is best for you to be able to reach an agreement about where and with which parent the children will live and how much time they are to spend with the other parent.
Applications to the court should be used very much as a last resort but rest assured we have the specialist expertise to guide you through the court process.
In all cases involving children the welfare of the child is the paramount consideration. We offer specialist expertise to deal with the following scenarios:

  • where a child is to live and with whom (Child Arrangement order)
  • what time a child spends with the other parent (part of a Child Arrangement Order)
  • whether or not the living arrangements can be shared
  • protective measures for a child for example preventing a step from being taken a (a Prohibited Steps Order)
  • Dealing with areas of disagreement which may arise, for example where your child is to go to School or issues concerning religion ( a Specific Issue)
  • legal rights in respect of a child (Parental Responsibility Order)

When deciding the very best outcome for the child when there is a disagreement as to any of these issues the Court apply the following factors to reach a decision that is in the child’s best interests:

  • the ascertainable wishes and feelings of the child
  • any physical, emotional and educational needs
  • the likely effect of any change of circumstances
  • age, sex, background and any relevant characteristics
  • any harm suffered or at risk of suffering
  • how capable each parent is (or any other relevant person) of meeting the child’s needs
  • the range of powers of the court

If you are about to get married, live together or enter into a civil partnership signing up to a prenuptial agreement or relationship agreement can protect you both.
Prenuptial agreements are becoming increasingly common and whilst deemed “unromantic” by some, they can be viewed as a pragmatic measure and an insurance policy which could shield you from the financial and emotional burden of relationship breakdown.
Specialist advice is needed but all forms of relationship agreements are considered to be of persuasive value and judges attach more weight to such agreements in circumstances where independent legal advice has been obtained prior to the parties signing up to the agreement and where the agreement seems to be fair.
Depending on your particular circumstances one of the following agreements could protect you:

  • a pre nuptial agreement for couples that wish to marry
  • a pre civil partnership agreement for same sex couples who are to enter into a civil partnership
  • a post nuptial agreement for couples who are already married
  • a cohabitation agreement for who want to live together

We offer a range of fixed fee packages and if you would like to learn more please contact Lindsay Jones on 0161 745 9170 or by email at lindsay.jones@ch-legal.co.uk for a free, no obligation chat.

If you are not married and are living together then it is important for you to realise that you do not have the same rights on relationship breakdown as married couples. We can advise you on the best way forward.
Your rights are governed by the following areas of law:

  • Property Law; and
  • The Children Act, Schedule 1 and the Child Support Act 1989 in relation to financial provision for children.

We offer a range of fixed fee packages and if you would like to learn more please contact Lindsay Jones on 0161 745 9170 or by email at lindsay.jones@ch-legal.co.uk for a free, no obligation chat.

It is a sad fact that Domestic Violence commonly accompanies relationship breakdown, particularly when tensions are running high with couples living together under the same roof. Whether you are the victim of violence, threats of violence or you find yourself at the receiving end of allegations, we can give you the advice that you need. We can issue proceedings quickly to give you the protection of the court.
We offer a range of fixed fee packages and if you would like to learn more please contact Lindsay Jones on 0161 745 9170 or by email at lindsay.jones@ch-legal.co.uk for a free, no obligation chat.

You are likely to be concerned about the costs of obtaining legal advice. You do get what you pay for and obtaining legal advice is an important part of safeguarding your position both now and in the future.
We operate a transparent billing process and will be frank with you about the likely costs from the outset.
The amount of money that you will need to pay depends on the scope of the work that you want us to do for you. We offer a range of fixed fee packages which can assist you in your budget.

Legal fee Loans

If you have sufficient assets you may be able to secure a loan. Some loan providers are willing to fund your costs on the basis of an irrevocable undertaking that you will repay them with funds from your final financial settlement.

Application to the court

If you are without an independent income stream and your partner has the ability to pay, it may be possible for you to apply to the court for an order for funds to be made available to you by your spouse. If there is sufficient capital in the pot it may also be possible to apply to the court to facilitate a capital distribution to you to meet your legal costs.