Separation / TOLATA (Trusts of Land and Appointment of Trustees Act)
It comes as something of a shock – and often an expensive one to many people – that the act of living with a partner does not in itself provide them with any legal claim upon the shared home.
When an unmarried couple's relationship breaks down, they must rely upon the principles of land law and trust law to determine ownership rights to property, as the Courts are unable to utilise the discretionary powers granted to them when resolving conventional divorce cases.
Together with our Civil Litigation Department, brains solicitors' act for both unmarried heterosexual couples and same-sex partners undergoing property disputes.
Divorce
When a marriage deteriorates to the point of no return, the most sensible solution is to implement divorce proceedings.
Usually a straightforward operation, involving little more than standard paperwork, divorce cases can quickly become stressful when financial disputes arise or arrangements need to be made to protect the welfare of any children involved.
At brains solicitors, we can provide reliable assistance to guide you through all aspects of divorce settlements, regardless of whether you hold an active or passive role in the proceedings.
Civil Partnerships
Developed in order to afford couples legal rights identical to those of their married counterparts, Civil Partnerships are now formally recognised within British law and, as such, must adhere to the correct legal procedures when dissolution of the agreement is sought by either or both partners.
At brains solicitors, we can assist individuals to negotiate acceptable terms when terminating Civil Partnerships, regardless of their position as instigator or receiver of any legal action.
Domestic Abuse
Nobody should have to live their life under the constant threat of persecution, but if it happens to you, the law is on your side.
Domestic abuse covers many forms of antisocial behaviour, ranging from mental cruelty to actual physical violence, and occurs across the full spectrum of society, regardless of gender, age or background.
All too often – probably in an attempt to make some sense of their situation – victims of abuse blame themselves for their problems and avoid reporting their issues to the authorities through a false sense of shame.
The Family Team at brains solicitors specialise in dealing with cases of domestic abuse. We understand the emotionally sensitive nature of such difficulties and can help with obtaining protection from the Court, liaising with the Police or other professional organisations to ensure peace of mind when you most need it.
Finances
When relationships come to an end, the most frequent conflicts between former partners are usually of a financial nature.
The Family Team at brains solicitors are accomplished mediators with an outstanding track record of negotiating acceptable terms for both parties in cases of separation or divorce. We have many years\' experience of dealing with the division or transfer of family homes, savings, investments, debts, pension funds and business assets, helping to bring most disputes to a swift and satisfactory conclusion.
On the relatively few occasions when it is not possible to reach an amicable agreement, we're happy to guide our clients through all the necessary planning and preparation of documents to carry the case through Court proceedings.