Case Studies: Geraldine Watson Family Law Solicitor
At Geraldine Watson Family Law Solicitor, We have worked with many families across the Midlands to resolve disputes, always with our compassionate approach.
"Experience, Insight, and Compassion: Your Trusted Family Law Partner"
"The Trusts of Land and Appointment of Trustees Act (TOLATA)
gives the Court power to make decisions where there are property disputes between unmarried couples"
Cohabitation Disputes -
TOLATA (The Trust of Lands and Appointment of Trustees Act of 1996)
Case Study 1:
I have recently dealt with a case that began as a domestic abuse case, where one
person was alleging abuse and controlling behaviour.
As the case progressed, it was clear that there was no truth to the allegations and in fact, the real issue was a house the parties owned jointly. After the breakdown in their relationship, the parties sought to determine their respective interests in the property, with one person
wanting to sell and the other person wanted the property to be transferred into their
name.
The result was the option of the property being transferred with a lump sum
being paid and if that could not happen, the house would be sold.
Case Study 2:
I represented someone who moved into a house belonging to his partner. The
relationship lasted almost 10 years and during that time, they agreed that the partner
who owned the house would continue paying the mortgage and bills and my client
would pay for holidays and he also paid for renovations and an extension.
When the relationship ended, my client wanted to reach an agreement with his former partner
that compensated him for the money he had invested in the property. His former partner refused and said that he had no right because she solely owned the house.
After lengthy negotiations, we reached an agreement which meant my client
received a lump sum which reimbursed him for the money he had spent on the property, as well as an increase to take into account the increased value of the
property.
Child arrangement orders :
Case Study 1:
I acted for a father where the mother objected to him spending time with the child,
unless it was supervised.
The mother made various allegations about the father, but
it was clear that her main reason for objecting to contact, was because of her bitter
feelings towards the father, after the breakdown in their relationship.
The result was a shared care order, which allowed the child to spend time with both parents and the court took into account the father’s irregular working hours.
Case Study 2:
I acted for a mother when she had to make an application to the court because of
her concerns about the father’s behaviour and the impact of this on the children.
The mother was also concerned about the father’s alcohol and drug addiction. The
father denied the allegations but refused to undergo testing.
The court made an order which allowed the children to spend time with the father, but it had to be in a supervised environment, therefore protecting the children, whilst trying to make sure they maintained a relationship with the father.
" A Child Arrangement Order is an order that regulates with whom a child is to live, spend time or otherwise have contact, and when a child is to live, spend time or otherwise have contact with any person."
" Grandparents play a valuable role in their grandchildren's lives, but they do not have any automatic legal rights.
However, the courts are sympathetic to grandparents, and access is only likely to be refused when contact is not in a child's best interests."
Grandparents Rights :
Case Study 1:
I represented the paternal grandparents of two young children. Sadly, neither parent
was able to care for the children, so it was necessary to look to the wider family.
Initially the parents objected and wanted to try and care for the children themselves,
but eventually realised that the children would be better placed in the care of the
grandparents.
The result was a Special Guardianship Order in favour of the
grandparents.
Case Study 2:
I represented a maternal grandfather, who had fallen out with his daughter and was
then not allowed to spend time with his grandchildren.
There were no safeguarding
concerns which prevented the children from being able to spend time with their
grandfather.
The result was an order allowing the children to spend time with their
grandfather, once every two months.
Financial Orders :
Case Study 1:
I represented a husband in financial proceedings. On the day of the hearing, the
Judge was poorly, so we had the option of adjourning the hearing which meant it
would have to be dealt with on another day or we could use the time at court to try to
negotiate.
After a few hours of negotiations, we reached an agreement which was
set out in a final order.
This meant the parties saved time and further legal fees and
the proceedings concluded that day.
Case Study 2:
I represented a wife in financial proceedings. The husband did not accept the
marriage was at an end and chose not to take part in the proceedings.
We had to make various applications to the court, and because of the behaviour of the
husband, the wife’s legal fees increased, and the case took longer than necessary.
However, the result was an order that the wife wanted and the husband was ordered
to pay the wife’s costs, because of his conduct.
" Grandparents play a valuable role in their grandchildren's lives, but they do not have any automatic legal rights.
However, the courts are sympathetic to grandparents, and access is only likely to be refused when contact is not in a child's best interests."
Meet Geraldine
My services as a Family Solicitor specialising in family law provide clients with expert legal advice, strategic representation, and compassionate support. I aim to guide my clients through the complexities of their legal matters, protect their rights, and work towards favourable resolutions that promote their well-being and the best interests of their families, allowing my clients to live peaceful and dignified lives.
I understand that separating is never easy, even when it is the right decision for you and your family, but I will do my very best to make the process easier for you. I work hard to understand your needs.
----------- Testimonials ------------
Happy Clients
FAQ
How long does the divorce process typically take?
A: Now we only have the No Fault Divorce, the ability to defend a divorce application on grounds other than jurisdiction does not exist. In most cases, the duration is 6 months, but sometimes it can take slightly longer if your spouse delays or refuses to acknowledge receipt of the divorce application. Even if this happens, I will guide you through the process to make sure the delay is minimal.
How are child issues determined?
Decisions relating to your child(ren) will be determined by various factors. Such as, their age; their relationship with each parent; the ability of each parent to provide a safe and nurturing environment; and ultimately what is in their best interest. When it is necessary to involve the court, they may also take into account the child's wishes, depending on their age; the parents' work schedules, and any history of abuse or neglect. It's important to note that arrangements for the child(ren) can be flexible and may evolve as their needs change over time.
What factors are considered in determining a fair financial settlement?
When determining a fair financial settlement, the court takes into account various factors, including the length of the marriage; each party's income and earning capacity; their age; standard of living during the marriage and financial needs. Depending on the length of the marriage, sometimes contributions made by each can be taken into account. Ultimately the parties needs will be an important factor, as well as any dependent children. It is important to seek legal advice to understand how these factors apply to your specific circumstances.
What are the benefits of a Pre-Nuptial agreement?
Prenuptial agreements, also known as Prenups, provide couples with clarity and security regarding the division of assets and financial arrangements in the event of a divorce. A marriage is a contract of commitment and often couples shy away from talking about Prenups, because they are embarrassed to talk about money, but before they get married, couples will always want what is best for each other, so that is the best time to talk about it. Imagine a situation when you don’t have a Prenup and then 10 years later the marriage sadly ends, couples often do not at that time want what is best for each other and will do all they can to protect themselves. When the divorce process begins, so does sorting out their assets, they both then incur legal fees, and the relationship can become even more acrimonious. In comparison to a couple who had a Prenup, they save themselves legal fees and even more heartache. Prenups can help protect individual assets brought into the marriage, outline spousal support, and address other financial matters. Prenups can minimise conflicts and uncertainties during divorce proceedings, making the process smoother and potentially reducing legal costs. Prenups are not yet legally binding in the UK, but in certain circumstances the court will give serious consideration to them, so it is very important to obtain legal advice to fully understand this.
How can grandparents ensure they can still see their grandchildren?
Grandparents cannot automatically make an application to the court, they first must obtain the courts permission. Once they have made an application, the court will consider the nature and strength of the grandparent-grandchild relationship, the grandparent's historical involvement in the child's life, and whether it is in the best interests of the child to maintain a relationship with their grandparents. The court recognises the importance of maintaining these relationships when it is deemed beneficial for the child's well-being.
Call: 07407182812
Email: geraldine@paritylegal.co.uk
