Family Solicitors Swansea
Supporting your family with legal advice you can trust.
At PGM Solicitors we have a dedicated and highly experienced family law department.
- enquiries@pgmsolicitors.co.uk
- (01792) 468684
- PGM Solicitors, 120 Walter Rd, Swansea SA1 5RF
Phillips, Green & Murphy Solicitors in Swansea – Family Law Specialists – with you and your family from beginning to end.
At PGM Solicitors we have a dedicated and highly experienced family law department. Our solicitors handle each case on an individual basis, knowing that each client has their own specific circumstances and requirements. Family law requires tact, empathy, patience and care; our solicitors will take time and care in discussing your needs and will provide you with tailored advice under the strictest confidence.
Furthermore, being a small, personable firm you can be confident that you’ll only ever deal with one solicitor – and won’t be passed from pillar to post around departments. The solicitor handling your matter will be there for you from beginning to end.
Talk to our team
Areas of advice include:
- Divorce/Dissolution of a Civil Partnership
- Financial Issues
- Separation Agreements
- Disputes
- Grandparents Rights
- Cohabitation
- Children Matters
- Child Arrangement Orders
- Residence
- Special Guardianship
- Adoption
- Parental Responsibility
- Child Maintenance
- Financial Claims on behalf of Children
Frequently Asked Questions:
What are your rights as a non-biological parent?
As it is increasingly common for couples to divorce and remarry, the likelihood of a step-parent becoming involved in the upbringing of the child is extremely high. Parental rights for a step-parent are often unclear, especially if the relationship with the child’s parent has ended.
Some relationships end with a mutual understanding that it is for the best interest of the child that the step-parent continues to have a parental relationship. But this is not the case for all separations. If the relationship has ended in a hostile manner, the parent may prevent the child from having any further relationship with the step-parent, even if this goes against the child’s wishes. In this case it might be beneficial to seek professional guidance, to determine whether you have a strong enough case to pursue the issue further.
Anyone can apply to the court for a Child Arrangements Order (formerly a contact order) but not everyone can do so as of right. Anyone else will need permission from the court to make an application. Provided you can show that you had a close connection with the child and that there will be no harm to the child by making of the application, permission to make the application is likely to be granted.
A step-parent, who was married to, or a civil partner to a parent who has parental responsibility, can apply for a Child Arrangements Order without permission. Even if you have not been married or in a civil partnership with the parent there are some other circumstances where you can apply without permission.
It is undoubtedly an emotional and difficult time when fighting for rights over a child, especially if you are not a biological parent. Each case is unique, therefore to fully understand your rights as a step-parent it is best to consult with a professional family lawyer who could examine the situation in detail. For further information on step-parents’ rights, speak to one of our experienced and sensitive family solicitors directly by calling on 01792 468684.
Does a mother always end up with primary care of the children?
No. If you and your ex-partner can’t agree about your child’s care arrangements and the court becomes involved, the court will make a decision based on what they feel is in the child’s best interests. This could mean any one of a number of outcomes, including the child spending more of the time with their mother, more time with their father or roughly equal amounts of time with each of their parents.
Will I have to pay child maintenance?
If you are not living with your child and you are earning an income then you will have to pay child maintenance. The level of child maintenance will depend upon the amount of your income and the number of children.
We're living together but not married - what rights do I have?
Living with your partner or buying a house together, when you are not yet married needs a little extra thought before proceeding. From a legal point of view, there are a few things to consider.
Ownership
If the house is not in your name, you are at risk if your partner asks you to leave. There are two types of joint ownership to consider: Tenants in Common and Joint Ownership.
Cohabitation Agreements
This is a legal document between unmarried couples who are living together. It sets out arrangements for finances, property and children while you’re living together and if you split up, become ill or die.
You can make an agreement at any time. It’s good to do it before you move in together. But you may want to consider one if you decide to have children or get a mortgage. Without one you do not have many rights.
A member of our family team can prepare a cohabitation agreement and make sure it is legally binding.
Cohabitation agreements can also be made between people who are not romantically involved – for example, friends or siblings.
Protecting your share
It is advisable to sign a Declaration of Trust, which clearly outlines what you each own and how the value of the property would be divided should you ever separate in the future.
Without signing a Declaration of Trust, both parties could risk a complicated legal battle. If you don’t detail your individual shares in the property and you then later disagree on who should receive what, it may result in a costly court case.
Making a Will
It is particularly important for a cohabiting couple to make Wills, whatever the choice of joint ownership. The surviving partner will not automatically be entitled to the remaining share of the property as it becomes part of the deceased’s estate.
For further details, contact our family team on 01792 468684 or email enquiries@pgmsolicitors.co.uk.
What is a cohabitation agreement?
It is a legal document between unmarried couples who are living together. It sets out arrangements for finances, property and children while you’re living together and if you split up, become ill or die.
You can make an agreement at any time. It’s good to do it before you move in together. But you may want to consider one if you decide to have children or get a mortgage. Without one you do not have many rights.
Is a pre-nuptial agreement worth it?
A prenuptial agreement is an official agreement made between a couple before they marry, in which they state how much of each other’s assets and, if appropriate, the matrimonial assets, each will receive if the marriage ends in divorce. The purpose of a prenuptial agreement is to take precautionary measures to protect your assets in the result of a divorce.
Why a pre-nup?
Financial reasons
It is a common myth that prenups are solely for the rich, so they can protect their assets in the event of a divorce. Although it is likely for those with money to be more protective of their assets, prenups are no less suited for people with regular incomes.
It does not depend on your wealth to decide whether a prenuptial agreement is for you. If you have worked hard to earn something it makes even more sense to take precaution for your assets.
Second marriage
A prenuptial agreement is popular among second marriages. The couple may have acquired their own assets at this point, or have children of their own. This is the same for first-time marriages for those who marry later in life. In this case, both partners may wish to leave their assets to their own children, which can be agreed in a prenuptial agreement before marriage.
Debt
A prenuptial agreement can protect your assets from your partner’s pre-existing debt; this includes securing any wealth that the children may be entitled to after the divorce proceedings.
Honesty
Yes, it may not be the most romantic of proposals but it is the most upfront. It is about being truthful with your partner about each other’s assets, to discuss and plan for the future. People often say that getting a ‘prenup’ is preparing for the worst-case scenario but realistically it is dividing the assets to ensure both partners are secured if in event of divorce.
Are pre-nups binding?
The answer to this question used to be “no”. However, Courts are now more ready to uphold the terms of a Prenuptial Agreement where certain requirements have been met. It is therefore essential that Prenuptial Agreements are drawn up professionally by solicitors. It is better to have one in place rather than leave everything to chance.
A prenuptial agreement is the decision of the couple. If they believe it is the best thing for them, they should consult a family lawyer. We have an excellent family law team here at PGM, to speak to one of our experts, call 01792 468684.
Our Client Feedback
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