Family Law
When life takes an unexpected turn, you may find yourself in need of expert help. Divorce, separation, children, money – whatever situation you face, we will be right there with you, your personal expert, strategist, and empathetic adviser. We will help to guide you through troubled waters and on to the next chapter in your life.
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Managing difficult situations
With a team of family law experts we can help manage difficult situations, protect your future and help find a solution that works for you including:
- divorce and relationship breakdown: finding the best solution to enable you to move on with your life and help you fully understand your options and what your entitlements are;
- private children cases: helping you navigate the emotional difficulties that a disagreement about a child can create; and
- keeping you safe: giving you the right powers to protect a child you are concerned about, or if you are in a dangerous situation yourself.
Children in Divorce
When there are children involved in divorce, the most difficult issues and arguments can arise. Emotions run high, but the child’s best interests should always be the first and main consideration.
We have produced a complete guide on how you might successfully navigate issues that may arise with children in divorce. You can go straight to an area of interest from the Guide by clicking on one of the Chapters below.
- Parental responsibility
- Specific issue and prohibited steps orders
- Special guardianship
- Custody
- Maintenance
- Grandparents’ rights
- FAQ’s
Protecting your future
- Protecting your finances: helping you put arrangements in place to protect your business, income, inheritance or pension if your relationship breaks down
- Planning with your partner: advising on prenuptial, postnuptial and living together agreements so you have the proper protection in place
Finding a solution that works for you
You will want to overcome any concerns, issues and difficulties you face as efficiently and quickly as possible. How to do this will not be the same for everybody.
Different personalities mean different approaches are required and we can work with you to decide on the best choice for you, which may be:
- mediation;
- collaborative law;
- arbitration;
- private financial dispute resolution hearing/early neutral evaluation; or
- court application.
We will always explain what each method involves and take the time to advise you as to the pros and cons of each in your particular circumstances.
How we work with you
Whilst based in the South of England, Paris Smith acts for businesses and families throughout the UK. Technology has enabled us to provide a high level of service to our clients whether they are local to our offices or not. Our advice can be given in many ways:
- Over the telephone
- Via video conferencing
- In face to face meetings
We will talk through how you would like to be contacted and the best ways for us to meet in our early conversations with you.
Get in touch to speak with an expert.
Introducing your key contacts
Frank Prior
Partner – Head of Family, Southampton
Huw Miles
Managing Partner – Family, Winchester and Southampton
How we’ve helped our clients
Chambers and Partners Legal Directory 2024 – Band 1
What the team is known for
Paris Smith is a standout firm representing high net worth individuals in matrimonial disputes concerning trusts, inherited wealth and property, with additional expertise in drafting high-value nuptial agreements. The team also has experience in handling highly acrimonious private children matters. The firm offers litigation expertise and also provides mediation services for clients seeking an alternative, as well as collaboratively trained lawyers.
Strengths
“What is so striking is the partners all have brains the size of planets. The team is very tactical and they provide a gold standard of service.”
“Paris Smith has some of the go-to family lawyers for high net worth individuals in the area.”
“They work really well together as a team. They provide a Rolls-Royce service in Southampton.”
Notable Practitioners
Neil Davies – Band 1
Southampton-based Neil Davies has notable strength in handling high net worth matrimonial finance cases. He also has a notable practice in acting as mediator in complex matters.
“He is incredibly professional and you get the sense that he’s seen it all before. He’s completely in control and very reassuring to his client.”
“Neil is one of the leading high net worth solicitors in the area.”
Huw Miles – Band 1
Huw Miles is the managing partner of Paris Smith and also leads the firm’s family offering in Winchester. He is regularly instructed to advise on high-value financial remedies.
“Huw is a very experienced matrimonial lawyer who not only has the technical legal knowledge but is also a great tactician whilst having the ability to see the overall picture. Clients trust his judgement and he is always available for them.”
Frank Prior – Band 1
Head of the family department at Paris Smith, Frank Prior regularly handles financial disputes following divorce and separation. He is also adept at drafting prenuptial agreements involving substantial wealth and high-value assets.
“He’s not fazed by anything. He’s very down to earth and experienced with big numbers. His clients like his robust approach.”
“Frank is very thorough, collaborative and clued-in.”
Legal 500 Directory 2024 – Top Tier
Paris Smith LLP is instructed by a notable roster of high-net-worth-individuals and business owners, demonstrating significant strength in the agricultural and rural sectors. The family division is well equipped to assist clients through mediation and arbitration proceedings, as well as private financial dispute resolution hearings. Winchester-based managing partner Huw Miles is an expert on nuptial agreements and cohabitee disputes, while in Southampton, Frank Prior focuses on high-value matrimonial finance cases. Neil Davies is a highly regarded mediator, and Sarah Passemard concentrates on complex litigation claims. Rachel Osgood is knowledgeable on family trust and separation matters, and Lisa Bray deals with private Children Act issues. Heather Souter is also noted.
What clients say:
‘Huw Miles – extensive knowledge of the law and practice. Calm under pressure and instils confidence in clients.’
‘Frank Prior has a great manner with the client and is very adept at looking at all angles.’
‘Zoe Culverwell – just a fantastic legal brain with a great understanding of the issues.’
‘Frank Prior is an extremely experienced, charismatic partner at Paris Smith who is a first-rate lawyer. He gets brilliant results and is adored by clients and opponents alike.’
‘Lisa Bray is a fantastic lawyer. She is extremely good with details and her knowledge of the law is second to none.’
‘Sarah Passemard has a brain the size of a planet. She is a fantastic lawyer who gets great results and is extremely well liked by clients. She combines her knowledge of the law with commercial pragmatism which makes her a very safe pair of hands. She is a match for any of the top London firms.’
‘Rachel Osgood is brilliant. She is one of the best matrimonial finance lawyers out there. She is tactically extremely astute and combines fantastic interpersonal skills which clients love with an expert knowledge of the law and procedure.’
‘Neil Davies and Zoe Culverwell are a great team delivering pragmatic advice at a fair price.’
Family Law Resources
Blogs
Podcast
Legal Mythbusting : The Decree Absolute
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Legal Mythbusting : The Decree Absolute
00:35 Dani talks through the four stages to a divorce proceeding: divorce petition, acknowledgement of service form, decree nisi, and decree absolute
00:17 Dani explains how long a divorce normally takes
01:41 Is Decree Absolute the end? Dani talks through what the decree absolute does not cover
02:03 What happens if couples come to an amicable agreement between themselves? Dani discusses how informal agreements do not prevent a financial remedy application being made and what you should do in this situation
03:27 What are the legal implications if one party re-marries?
03:50 What happens when divorce is based on 2 or 5 year separation?
04:15 The timing of decree absolute, how will this affect you financially? Dani discusses wills, death of a spouse and pension payments
06:41 Reasons you might delay Decree Absolute
06:55 How does Decree Absolute your matrimonial home right?
Legal Mythbusting – The “Common Law Spouse”
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Legal Mythbusting – The “Common Law Spouse”
With cohabiting couples the fastest growing family type in England and Wales, the rights and responsibilities surrounding cohabitation are of growing importance to couples who are (or are looking to) cohabit. The myth goes that after a qualifying period of cohabitation (usually thought to be either 2 or 5 years) cohabitants acquire the rights and responsibilities of marriage in the eyes of the law.
However, this is not the case and is very misleading as to the reality of the legal position. Listen to our podcast from Family Solicitor Danielle Taylor to hear all about the truths behind this legal myth
Show notes:
00:45 What myths do people believe about cohabitation? Dani introduces the myth of the ‘Common Law spouse’
01:07 How does legislation define cohabitation? The misleading language that fuels misconceptions: Dani explains what this really means in the eyes of the law
01:47 What constitutes a cohabitant?
02:17 What happens when a your relationship breaks down with the person you live with? Where do you stand and what are the risks?
03:20 The court jurisdiction: how can they divide assets?
03:45 Dani explores where you stand legally when children are involved and child maintenance
04:36 Dani explains what you can do to protect yourself under the current laws if you are a cohabitant – what should you agree on before you commit financially?
07:35 Dani concludes, what are the three things you should do before you move in together
Legal Mythbusting – The Decree Absolute
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Legal Mythbusting – The Decree Absolute
Whilst divorce proceedings frequently appear in the media, there remain some myths and misconceptions surrounding divorce proceedings, and in particular the effect of decree absolute. Danielle Taylor from our Family team explains the stages of getting divorced.
Show notes:
00:35 Dani talks through the four stages to a divorce proceeding: divorce petition, acknowledgement of service form, decree nisi, and decree absolute
00:17 Dani explains how long a divorce normally takes
01:41 Is Decree Absolute the end? Dani talks through what the decree absolute does not cover
02:03 What happens if couples come to an amicable agreement between themselves? Dani discusses how informal agreements do not prevent a financial remedy application being made and what you should do in this situation
03:27 What are the legal implications if one party re-marries?
03:50 What happens when divorce is based on 2 or 5 year separation?
04:15 The timing of decree absolute, how will this affect you financially? Dani discusses wills, death of a spouse and pension payments
06:41 Reasons you might delay Decree Absolute
06:55 How does Decree Absolute your matrimonial home right?
Man’s Best Friend: What happens to pets when you separate?
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Man’s Best Friend: What happens to pets when you separate?
Upon divorce or separation, often the presence of the beloved family pet continues to provide one party with well needed support and consistency. Be it the family cat, the children’s gerbil, the exceptional tortoise or man’s best friend; there are a variety of pets to be considered upon separation. But where should the pet go on separation – who should they stay with, and what legal advice should you seek in this situation?
Show notes:
00:32 Dani examines how pets are viewed in the eyes of the law
01:00 What do you need to consider when separating in relation to pets?
01:06 What do the courts in England and Wales say?
01:35 Financial proceedings: Dani discusses at what happens when you can’t agree on what happens to a pet on separation
02:40 Dani explores what happens to pets which have a significant monetary value
03:27 Dani looks at the emotional ties we have to our pets and how they can affect divorce proceedings and legal costs
03:45 Dani concludes the podcast by summarising what advice you should seek from your lawyer when it comes to separation, divorce and pets
Videos
Divorce language
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Divorce language
00:00.0 Divorce language, the old versus the new. One other point to note under no fault divorce is that there has been a change in terminology. This is often forgotten about because it doesn’t have any impact on the actual divorce process, but it is important for us to demystify those concepts for you.
00:18.8 We’ll start by going through the old language and then telling you what the new equivalent is. Divorce petition, divorce application decree, sci conditional order decree. Absolute final order.
Divorce and how that relates to sorting out financial matters
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Divorce and how that relates to sorting out financial matters
00:03.6 As promised, we also want to discuss the interplay between divorce and how your money is divided on separation. Divorce and finances are technically separate, but they run in parallel and they come together at the important stage of conditional order within the divorce proceedings.
00:20.9 This is the first time that a judge can consider an agreement that you and your spouse have reached about money, property, and finances generally.
00:28.2 It’s therefore really important. We often say to clients, particularly given the 20 week reflection period, that it is important to think about timing and getting the divorce underway sooner rather than later. Many people think that getting divorced is all they need to do to formalise their separation.
00:46.1 However, a divorce does not extinguish the financial claims that you have between you, and so it’s crucially important to also deal with the finances and obtain a financial order.
00:58.8 Another important consideration is remarriage and what that might do to financial claims in the future. This will often depend on what happened in the divorce application with your former spouse.
01:09.3 This is known as the remarriage trap. If you are therefore considering getting married, it’s really important that you take advice. This is a potentially very tricky issue, and so you will need specific advice based on the context of your case and your individual circumstances.
Do you need a solicitor to divorce?
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Do you need a solicitor to divorce?
00:02.9 One of the key considerations and concerns that our clients have had over the last 12 months are the costs of the divorce application.
00:09.9 There will be a court fee for the divorce application, and this will be paid by the applicant when sending their application to the court. Normally, that court fee will cover the costs for the entire divorce process.
00:24.2 The court won’t say who has to pay, and that’s why it’s really sensible to have a discussion with your spouse before the application is being made, particularly if you are making it on a joint basis. Some people will want a solicitor to help them with the divorce application. That is entirely up to you. The system has been designed to be user-friendly, but you may want a solicitor to have a look at your answers and check them for you.
00:48.9 This is particularly so given some of the boxes are really important and could have implications for you if it’s not done correctly. In that way, having a solicitor could be viewed as an investment to make sure everything is done properly and you are safeguarding your future.
01:03.5 People often think that the divorce is the most expensive part of separating. The reality is that whilst it is very important, it is largely administrative and usually one of the smaller aspects of your case. Discussions in relation to your money and the arrangements for your children are likely to be more time consuming and therefore expensive.
How long does a divorce take?
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How long does a divorce take?
00:02.4 One of the other questions that we are often asked is, how long will it take to get divorced? The application process is online and once that has started and the court has processed the application, it sets in place a 20 week reflection period. This processing by the court is also known as issuing. In this time, a copy of the divorce application, if it’s been made solely, will be sent to the other person for them to acknowledge. They’re meant to do this within 14 days.
00:32.4 If they do not, additional steps will need to be taken as the court must be satisfied that the other person is aware of the divorce.
00:40.5 The 20 week period gives you plenty of time to deal with this.
00:45.2 Once that 20 week period has elapsed, provided the other person knows about the divorce, you can make your application for what is known as a conditional order. Once this application is made, the judge will have a look at all of the papers and make sure everything is in order. If it is, you will get what is known as a certificate entitlement, and this is giving you the date that the conditional order will be made on. Six weeks plus one day after the date of the conditional order.
01:11.1 You can apply for your final divorce order which is what will formally end your marriage. ???? You do need to be a little careful before taking this step, however, as if you’ve not resolved your money, it can have implications, particularly for pensions.
01.26.9 If in doubt, take advice as you don’t want to be financially worse off. And you’ll actually find that a lot of people don’t apply for that final order until the finances have been resolved.
01:37.6 And that’s something that we have a look at in one of our other videos that will come later in the series.
Who starts the divorce?
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Who starts the divorce?
00:01.6 We thought we start by looking at who actually starts the divorce.
00:06.9 The reality is that either of you can start the divorce process. Generally, as long as you’ve been married for at least a year and your marriage was r legally recognised you can apply. You’ll need to show that the marriage has permanently broken down.
00:20.7 It’s actually the application form that does that. You work through the form completing the boxes, and one of the statements is to say that the marriage is permanently broken down. One important point to note is that you will need a copy of your marriage certificate to start the process. Don’t worry too much.
00:36.5 If you’ve misplaced the original, you can obtain a certified copy. It’s also really important to ensure that when you scan your marriage certificate in, you do so in colour, as this will avoid unnecessary delay.
00:48.5 Can we divorce together?
00:50.1 I’ve been asked quite regularly over the last 12 months whether there’s any advantage to being the person who brings the divorce application.
00:57.3 The answer really is that it depends, being the applicant does give you an element of control, but otherwise the advantages are limited, so it’s going to depend on what’s important to you. You also need to think about the cost of the application. It is generally the person who is making the application, who is going to have to pay those costs.
01:15.4 It’s really important to bear in mind that who starts the process has no bearing on any money issues that are left to be resolved or indeed what the arrangements for your children should be. I think our top tip is to really discuss matters with your spouse.
01:31.5 Think about who’s going to start the divorce, when you’re going to start it, and actually how the cost is going to be shared. This is a really important point, and I can’t emphasise that enough.
01:42.1 I think it ensures that there are no surprises and also really helps to get your case started on the right track.
Family Law FAQs
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Family Law FAQs
0:01.2 Hi everybody. My name is Heather Souter and I am a senior associate here at the family team at Paris Smith. Hello everyone. My name’s Zoe Culverwell and I’m an associate in the family team here at Paris Smith. We are delighted to have you back for our second series in our family law videos.
0:18.5 In our first series of videos, we covered the different ways of reaching a resolution. We’re now moving on to frequently asked questions.
0:26.6 And that’s because as family lawyers, no two days are ever the same, and we’re quite often asked very similar questions.
0:33.5 These concepts are obviously very familiar to us as family lawyers, but they will often be new to you at a stressful time. We thought you would therefore be helpful to go through things that come up regularly and try to demystify some key concepts and legal jargon.
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