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Domestic Violence & Abuse Frequently Asked Questions

How Banner Jones can help you

Victims of domestic violence and abuse have several legal options available to them, and our team are here to assist in any way we can in order to make sure you get the help you need.

Domestic violence and abuse cases are eligible for ‘Legal Aid’ depending on your financial circumstances. This is a Government programme which provides funding for legal fees in certain areas. There are different levels of Legal Aid available depending on the circumstances of your case and we can advise on what level of Legal Aid is appropriate to your situation.

Banner Jones are one of the few law firms in the Chesterfield area to have a contract with the Legal Aid Agency, which enables us to provide legal services funded by Legal Aid.

There are a few different forms of legal assistance that we can provide, depending on the severity of your situation.

He's got to keep a roof over our heads hasn't he?

Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.

How soon can I file for a no fault divorce?

You can get divorced in England or Wales if all of the following are true:

  • you’ve been married for over a year
  • your relationship has permanently broken down
  • your marriage is legally recognised in the UK (including same-sex marriage)
What am I entitled to in a no fault divorce?

The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.

When should we consider a Post or Pre-Nuptial Agreement?

As soon as possible. The longer the pre-nuptial agreement is in place prior to a marriage or civil partnership being entered into the better. However, agreements entered into after marriage or Civil Partnership can still have legal effect.  In order for a pre-nuptial agreement of this nature to be made binding there needs to be independent legal advice for both parties, full and frank financial disclosure and no duress.  If a pre-nuptial agreement of this nature is entered into at the church door then it is open to an allegation that one party or the other has been under a level of duress to enter into the agreement.

Will I lose touch with my children?

Your aim should be that both parents still play an active part in the raising of the child/children.  Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this.  Going to Court should always be the last resort where children are involved.

Will we have to go to Court during our divorce?

No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.

Talk to our team