Tackling thorny legal topics is a specialism for Charlotte Perry, a Family Law partner of Knights Cheltenham.
SoGlos catches up with her to find out about the services on offer to help families navigate the trickiest of times.
What are the first things individuals should consider when it comes to separation?
Deciding whether to stay in a relationship or marriage is an incredibly hard decision to make. There are many factors to consider; finances, children, the wider family unit to name a few.
Many people who are considering separation have not been through the process before. It can be extremely overwhelming not knowing where to look for information.
Or in the opposite direction, it can also be a case of having too many places to look! Friends and family are well intentioned, often relaying their own experiences, or experiences they have heard. This can lead to confusion.
Meeting with a solicitor can also be a challenge in itself, so finding a solicitor who is knowledgeable yet empathetic is key.
A solicitor and their client will need to have a good rapport, working together as a team throughout the process.
During an initial meeting, it is important to understand all the options available, not just the ‘court route’ to resolve separation or divorce and child-related matters.
How can Knights help?
At Knights we operate as ‘one team’. Our family team specialises in complex and substantial financial cases including high net worth divorces involving business owners, entrepreneurs, farming interests, family trusts and inherited assets.
We understand emotions can be running high when it comes to family matters. We approach each case with fresh eyes, empathy and an assurance we have our clients' personal objectives in mind.
Knights takes a pragmatic and sensible approach to help our clients find the best solution – whether that's going to court, or something more collaborative.
For couples separating amicably, our team offers a range of options including collaborative law and mediation.
Whether advising in respect of cohabitation, separation, divorce, financial matters or child arrangements, Knights has one of the leading national family teams.
How does Knights Cheltenham work?
Our 'one team' approach means the private wealth and family team has a national offering. Locally, our Cheltenham office is located centrally in the town at Festival House and that is where I am based.
As a partner, I advise on divorce, separation, finances, children, nuptial and cohabitation agreements.
My work also includes advising and negotiating financial settlements involving clients with business assets, pensions, pre-post separation acquired assets, inheritance and property portfolios.
For couples who are planning to live together, marry or enter a civil partnership, I advise on wealth protection via cohabitation agreements and pre and post-nuptial agreements. Understanding the sensitivity around entering into agreements of this nature has enabled me to build a strong and reliable reputation in this area.
I work with separating parents and advise on parental responsibility, child contact arrangements and internal and external relocation cases.
What are some pitfalls you often see in those going through a separation?
- Common law marriage. There is no such thing as ‘common law’ marriage. If you are not married, despite how long you have been together as a couple, your rights and claims are extremely limited.
- Not taking legal advice. I often see cases where people are not taking legal advice, either as part of an information gathering exercise or prior to or during court proceedings.
- Instructing the wrong solicitor. I've also seen people choosing the wrong solicitor — not every solicitor is the same. Seeking out the most aggressive litigator isn’t necessarily going to get a client a better result. If anything, that approach raises hostility and cost, as well as damaging future relationships. This is particularly important where couples need to co-parent for many years to come. Most solicitors will offer initial appointments so you can make sure you and your solicitor and right for one another.
- Court proceedings being issued too early. The court system is now more critical than ever of applications being made to the court where a non-court dispute resolution hasn’t been considered first. Mediation and other ways to resolve issues, such as collaborative law, are options that should always be explored in the first instance.
What is important to keep in mind during separation?
No two separations are the same. Each case is balanced on its own set of facts.
Taking independent, individual, legal advice before separation or shortly after will help provide clear options to move forward.
Why should separating couples consider talking to Knights?
Knights is a full service business which means that unlike other traditional law firms, we offer a full range advisory service.
Our private wealth business is the market-leading provider of professional advisory services to clients within the UK, servicing all the legal, tax and other advisory needs of individuals, families, trustees, family offices and the businesses and institutions which support them.