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PRACTICE AREAS

Family Law    

Family is an emotional area which requires sensitivity in handling, a personal touch, and a caring approach. We understand all of this. The most common areas of family law in which Kuldeep Clair has recently advised / represented are:

 

  • Divorce and relationship breakdown

 Any breakdown of a relationship is unpleasant. In this country, we have an arcane legal system where couples have to prove some degree of fault on the part of the other before one can divorce. That will be changing soon.

The process still takes a minimum of six months in practice before a final decree is pronounced. A standard court fee of £550.00 is payable by the party applying for the divorce. It is also necessary to have the marriage certificate.

Kuldeep can advise you on the divorce process, complete the court application forms, and ensure that the emotional pain of the process is minimised for you.

 

  • Financial remedies with divorce

It may be possible to agree how the financial division of the marital property is to take place. Of course, it is far better to agree than to have an acrimonious battle. Kuldeep adopts a conciliatory approach. But if no agreement is possible or likely, it may be necessary for a court application to be made and ultimately for the court to determine division of property.

Of course, it is possible to continue negotiating, and often settlements are reached late in the day prior to the hearing.

As with all of Kuldeep’s contentious cases, he will never unnecessarily contest cases and will always do his utmost to resolve disputes amicably if this is possible within your instructions.

 

  • Child arrangements – residence and contact of your children

Kuldeep has developed considerable expertise in the field of sensitive child-related issues. Just recently, he has successfully represented the mother in two separate unusual cases where there was a dispute over residence / contact, with the child’s father. In both he was opposed by experienced Counsel at court.  

In another case earlier this year, he advocated in court, opposed by three Counsel, in a court claim which even the Judge described as very complex, on behalf of a father where the arrangements for the child were disputed by all other sides. The other sides were the mother, the child’s guardian, the social worker, and the local authority which separately intervened independently half-way through the hearing.

 

  • Pre-nuptial agreements and co-habitation agreements

If you are considering one of these, you may already have a good idea as to what they are and may wish to have a consultation to determine how to proceed.

Briefly, a pre-nuptial agreement is essentially a contract made with your partner before getting married regarding how your assets are going to be divided if your marriage breaks down and you divorce.

There are advantages and disadvantages of signing one. It certainly provides much certainty to both parties, and is particularly suited where one partner has considerably greater assets which he/she will be bringing in to the marriage. It is also common where a partner is a business-owner, as the agreement provides greater certainty for the business.

It is vital that both parties receive independent advice on the suitability of the agreement, otherwise it will simply not be legally valid. The agreement must also be signed at least three weeks before the marriage, and so it should not be left until the last minute. Otherwise its validity could be challenged.

Kuldeep has prepared many pre-nuptial agreements, particularly for wealthy professionals in the City, and can advise you fully, and prepare your tailor-made agreement in accordance with your instructions and particular circumstances.  

Alternatively, if your fiancée wants you to sign such an agreement, you will need independent advice on its meaning and effect. Kuldeep can provide that advice to you.

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