Family Law

Experience and qualifications

Muzaffar Mansoor qualified as a solicitor in 2001 and has over 20 years of post-qualification experience in law and advocacy. He is also an experienced solicitor advocate (Civil).

Fees

In the vast majority of cases we are able to offer our clients an agreed fixed fee to prepare and submit their applications. However, in circumstances where this is not possible our fees will be calculated on the following hourly rates:

Please further note that our fees as set out do not include VAT and if VAT is payable, we will clearly set this out from the outset so that the costs are clear.

Our agreed fixed fee does not cover the third-party charges e.g. court fees or Barrister’s fees

Hourly Rate

Muzaffar Mansoor –Senior Partner                £350.00           VAT £70.00    Total £420.00

Nida Mansoor – Senior Solicitor                    £350.00           VAT £70.00    Total £420.00

Ishfaq Ahmad (RFL)– Consultant                  £250.00           VAT £50.00    Total £300.00

Other trainees and Paralegal caseworkers      £120.00           VAT £24.00    Total £144.00

Administrative & Support Staff                     £80.00             VAT £16.00    Total £96.00

 

Consultations

First consultation and case assessment (up to one hour) on cohabitation cases

Our Fee £350.00 plus  VAT £70.00    Court Fee Nil  Total £420.00

First consultation and case assessment (up to one hour) with letter to ex-partner

Our Fee £333.33 plus  VAT £66.67    Court Fee Nil  Total £400.00

First consultation and case assessment (up to one hour) with letter of advice

Our Fee £250.00 plus  VAT £50.00    Court Fee Nil  Total £300.00

Unbundled services

Financial consent order *Total includes £3.00 VAT Nil Land Registry charge

Having a clear idea of costs upfront can help remove some of the financial uncertainties divorce can bring.

At Dean Manson LLP Solicitors, we offer a fixed fee divorce package for couples looking to dissolve their marriage, we also draft clean break agreements to resolve family disputes. without any financial and property disputes or child arrangements.

This cost-effective solution to divorce and civil partnership proceedings ensures that you know from the outset what the costs will be without comprising the professional support, advice, and guidance you need.

Please note that not all divorces will be appropriate for the fixed-fee option. In these cases, we offer an hourly rate package that is more tailored to your needs. Further details are available on enquiry.

What is a Pre-Nuptial Agreement?

A pre-nuptial agreement is a formal document, which records the agreement between two parties, outlining all or some of their assets and how they are to be divided should either party commence proceedings for divorce.

The benefits of entering into a Pre-Nuptial Agreement

Whilst Pre-Nuptial Agreements cannot supersede the decision of the Court in relation to the division of your assets, a Pre-Nuptial Agreement will still be an effective document to organise and protect your financial assets and give both parties a sense of certainty as to how each parties finances are likely to be divided in the unfortunate event of a divorce.

A pre-nuptial agreement will also minimise the chances of conflict on divorce, protect the interests of any children from previous marriages, protect inheritance or trusts that were previously acquired before the divorce and be used to prevent you from being liable for debts in the name of your spouse.

Will my Pre-Nuptial Agreement be legally binding?

As outlined above, Pre-Nuptial Agreements whilst an effective tool to record an agreement between both parties, cannot oust the decision of a Court; this effectively means that such agreements are not strictly binding and that either you or your spouse may upon divorce seek remedy in respect of the division of your matrimonial finances.

However, the Court can and is likely to uphold the terms of a Pre-Nuptial Agreement if it perceives that the terms of the agreement are ‘fair’.

In considering fairness, the Court will have regards to all circumstances including, whether parties have exchanged sufficient disclosure of financial assets, had received full independent legal advice, whether the terms of the agreement will fulfil the essential needs of both you and your spouse on divorce, whether you or your spouse were under duress, or any issues of fraud arise, and lastly whether parties intended to be bound by the terms of the pre-nuptial agreement.

Our Pre/Post-nuptial Agreement Fees

How much does a pre/post-nuptial agreement cost?

Fixed fee pre/post-nuptial costs £1500.00 plus VAT 300.00 Total: £1800.00.

Once we have provided you with a written fixed fee quote for the agreed work on your pre/post-nuptial agreement, that price will not change.

Included in the fixed fee pre/post-nuptial agreement:

• initial legal advice by consultation or detailed telephone call.
• legal advice on the implications of signing a pre/post-nuptial.
• informing you of the financial information needed and drafting a schedule setting out your respective financial positions.
• drafting the pre/post-nuptial agreement to reflect the agreement you have reached with your partner.

Not included in the fixed fee pre/post-nuptial agreement:

advice on what agreement you ought to make as that would be based on a detailed consideration of all your financial information, and may require reports from other professionals such as accountants

any work required to implement the terms of the pre/post-nuptial agreement for example transferring an interest in property

any negotiations if there is a disagreement (that work would be conducted on an hourly rate basis)

Our fixed fee pre/post-nuptial agreement packages are only suitable for:

• couples who have already reached an agreement
• cases without complicated assets such as property abroad

The package is not available to people with assets of over £1,000,000.00

Divorce & Relationship Breakdown

It is always a difficult time when a relationship is breaking down or has ended.  The decision to divorce or separate is never an easy one and aside from the emotional impact and upheaval it is important to consider how the separation will affect other aspects of your life.

We can offer advice and assistance from the early stages, as and when you are ready to discuss your options. Every relationship and family is different and we understand this. We will listen to your individual circumstances and provide relevant and specific advice as to your individual case. Your marriage must have lasted one year before applying for a divorce.

Grounds for Divorce

To file a Divorce Petition, you must rely on one of the following facts to prove the ground that, your marriage has irretrievably broken down.  The facts are as follows: –

• That you have been married for over a year.
• That your relationship has permanently broken down.
• That your marriage is legally recognised in the UK (including same sex marriage) and UK is your present home or the present home of your husband or wife.
• That your ex-partner has committed adultery and you find it intolerable to continue to live with them.
• That your ex-partner has behaved in such a way that you cannot reasonably be expected to live with them.
• That your ex-partner has deserted you for a continuous period of at least two years immediately preceding the presentation of the Petition.
• That you and your ex-partner have lived apart for a continuous period of at least two years immediately preceding the presentation of the Petition and your ex-partner consents to a Decree being granted.
• That you and your ex-partner have lived apart for a continuous period of at least five years immediately preceding the presentation of the Petition.
• We will discuss with you which is the appropriate fact to be established in your case and draft the Divorce Petition accordingly.

Filing for Divorce

If you decide to commence divorce proceedings, then there is a legal process that you must follow. Our Solicitors can deal with drafting all of the Court paperwork on your behalf, advising and assisting you through the process and discussing any issues as and when they arise.

There can often be issues with regards to filing of the Court documents, service of the documents upon the Respondent, as well as children and financial matters. Our specialist Divorce Solicitors can advise and assist on all these matters.

Following on from the initial filing of the Divorce Petition, the papers need to be served upon the Respondent before Applications can then be made for the Decree Nisi and Decree Absolute, to finalise the proceedings.

It is important to consider whether divorce proceedings are the correct step. Judicial separation or annulment proceedings may be more appropriate in some circumstances, so it is important to consider all of your options before deciding how best to proceed.

Responding to Divorce Proceedings

If you are the Respondent within divorce proceedings then we can advise and assist you with regards to completing the Court documents, as well as the implications of this. As a Respondent you can choose to contest the proceedings, however in most circumstances this is not advisable. You can also cross petition or make your own applications in respect of children and financial matters.  It is important to consider all your options in deciding how best to proceed.

Fixed Fee Divorce

Divorce/dissolution of civil partnership (petitioner – uncontested)

Our Fee £1500.00 plus VAT £300.00            Court Fee £550.00 VAT Nil Total £2,350.00

Divorce/dissolution of civil partnership (respondent – uncontested)

Our Fee £600.00 plus  VAT £120.00  Court Fee Nil Total £720.00

Separation and Maintenance Agreements

A separation or a maintenance agreement can be drafted in the circumstances where the parties do not yet wish to divorce but want to record their financial separation.  Separation agreements specify that the parties wish to live apart and include all issues such as any future divorce and how this would be commenced as well as children, property, and maintenance.  Maintenance agreements are limited to the payment of maintenance for the benefit of a spouse, civil partner, or children.

How much does a separation agreement cost

We have solicitors who specialise in separation agreements, and we offer competitive hourly rates.

Separation agreement (agreed terms – no advice, valued at less than £350,000.00)

Protection from Domestic Abuse

If you are suffering because of Domestic Abuse or believe your children to be at risk of abuse, we can assist you.

We will always deal with your case sensitively and at a pace that you are comfortable with. We can give you clear advice so that you can decide on how best to protect yourself as soon as you are ready.

We are also able to offer you advice about support services that may be available to you and alternatives to Injunction proceedings. We have good working relationships with other organisations that are committed to helping you be safe.

Prohibited Steps Order

A Prohibited Steps Order may be required if either: –

You are the parent or guardian of a child, and you have reason to believe that another person, maybe the other parent of the child, or step-parent, plans to remove the child from your care, without your consent.

Your child lives with another person, but you have regular contact with them, and you have reason to believe that the main carer for the child is intending to move a significant distance away from you, or out of the Jurisdiction at short notice, with the child, without your consent.

You are the Parent, and the child lives with you but sometimes you entrust the care to someone else and are afraid the other person may seek to remove the child from their care.

In order to approve your application, the Court will need to be satisfied that:-

A threat to remove the child has been made, or implied by actions; and

The Respondent has the opportunity and means to remove the child imminently, particularly in any case where a threat has been made to remove the child from the Jurisdiction.

As with any application concerning a child, the Courts paramount consideration is the welfare of the child.

Applications are usually made on an urgent basis and therefore without the Respondent knowing that the application is being made. The Court will often list the matter for a return hearing when both parties are then invited to attend Court to put their respective positions to the Court on whether or not the Order should continue.

Our Domestic Abuse Support Services

We specialise in all areas of law concerning children.  We can advise you on your options and assist you in making an urgent application in a calm and effective manner.

Non-molestation order

As we will always make sure that your matter is dealt with in the most appropriate way for you and your family and will ensure that you have all options available for you to consider.  An application to Court is always the last option and we will assist you in trying to negotiate where possible.  Often with Prohibited Steps applications the matter is so urgent that an application to Court is always necessary in the first instance to protect your position.

If you have been subjected to domestic cruelty, you may wish to apply for a civil injunction or protection order to gain protection from an abuser. An injunction is a court order that requires someone to do or not to do something. One main type of injunctions is a non-molestation order.

Briefly, a non-molestation order is a court order in England and Wales aimed at preventing your partner or ex-partner from using or threatening violence against you or your child. This would include any intimidating behaviour such as harassment and pestering which threatens the health, safety and well-being of yourself and your children. By way of example, nuisance telephone calls or text messages would come within the ambit of ‘Molestation’. A breach of a non-molestation order is a criminal offence.

An occupation order would be an appropriate medium of protection if you consider yourself unsafe living with your partner, perhaps due to being subject to acts of violence and consequently you may have left home but want to return and exclude your abuser. In this way the order regulates who can live in the family home and come within the surrounding area.

Whichever order is necessary the courts will offer substantial protection. It is worth noting however, that such orders may not work for everyone the same way and in some such cases it may even be counterproductive. The courts do require that there has been a sufficient level of harassment to warrant an intervention order. The abuser must have acted deliberately so as to harass the applicant.

Making an application

To apply for an order, one must be an ‘associated person’ or associated with the abuser in one of the following ways:

Marriage.

Civil partnership.

Cohabitation or former cohabitation of (inc same sex cohabitation).

Living in the same household.

Relative (blood or otherwise).

Persons with parental responsibility for the same child.

The criteria is potentially very wide and include persons of ‘an intimate personal relationship’ which was of ‘significant duration’.

Granting of an Order

The Order can contain one or both of the following provisions:

A prohibition on the respondent from molesting another person who is associated with them.

A prohibition on the respondent from molesting a ‘relevant child’ (a wide definition which gives the court a great deal of discretion.)

In deciding whether to grant a non-molestation order, the courts must have regard to all the circumstances of the case, with the need to secure the health, safety and well-being of both the applicant and any relevant child being of paramount importance.

Duration of an Order

The courts have discretion and flexibility to make an order for a specified period, or until the court makes another order. This seeks to accommodate complex cases.

Injunctions are normally for a specified period of time (e.g. six months) but can be renewed; or they may be made ‘until further order’. There is no limit on the length of time that non-molestation orders can be extended.

Breach of Non-Molestation Order

As mentioned earlier, a breach of a Non-Molestation Order is a criminal offence and if a prosecution occurs, likely sentences include imprisonment, being fined, or even both

How much does cost

We have solicitors who specialise in Family Law, and we offer competitive hourly rates.

Children

Children Act proceedings can be necessary if parents are unable to agree arrangements for a child or children, if one parent wishes to relocate abroad or to another part of the UK or if the child’s parents need assistance from the court in resolving specific issues relating to their parental responsibility, for example over where a child should go to school. Whilst the precise format of proceedings will vary from case to case, often they tend to follow a three-stage format, as outlined below.

First Hearing Dispute Resolution Hearing (FHDRA)

A CAFCASS officer normally meets the parties before the hearing. CAFCASS stands for Children and Family Court Advisory and Support Service, and its role is to assist the court and advise as to what may be in the interest of the children. The CAFCASS officer will see if the parents can agree arrangements there and then.

If appropriate, the judge will direct the CAFCASS officer to prepare a report as to what is in the best interests of the children. Very often, this will involve the CAFCASS meeting with the children and with both parents.

The court may make other directions, for example with regard to filing of witness statements or involving any other experts in complex cases.

The court may direct a “finding of fact” hearing where there are allegations of domestic abuse or harm

Dispute Resolution Hearing (DRA)

The court and the parents will have received the CAFCASS report, making recommendations in relation to future child arrangements.

The parents endeavour to reach an agreement, where appropriate with the assistance of the CAFCASS officer or the court, to avoid a final hearing.

Final Hearing

Both parents and any other witnesses will attend and give evidence

The CAFCASS officer may be directed to attend to give evidence

Having heard the evidence, the judge makes a final decision (a judgement)

Fixed Fee for Children Act Proceedings

Preparing and Drafting Application for Children Act Proceedings

Preparation of Children Act applications including C100 (and if required C1, C2 and C8)

(i) C100 and C1A

Our Fee £300.00 plus VAT £60.00 Total £360.00 for C100

Our Fee £400.00 plus VAT 80.00 Total £480.00 for both C100 and C1A

(ii) C1 and C2

Our Fee £200.00 plus VAT 40.00 Total £240.00.

(iii) C8

Our Fee £100.00 plus VAT 20.00 Total £120.00.

Fixed fee appointment for preparing first statement

Our Fee £500.00 to £1,000.00 plus VAT (20%) for statement subject to paper volume and complexity.

Fixed fee appointment for parental responsibility agreement

Our Fee £200.00 plus VAT 40.00 plus Court Fee £45.00 VAT Nil or fee remission Total £285.00

Fixed Fee for Advocacy in Children Act Proceedings

Advocacy for directions/review hearing (T/E 30 minutes to 1 hour)

£500.00 to £1,000.00 plus VAT (20%) for advocacy depending on complexity and paper volume.

Advocacy for contested/final/fact finding hearing

Half day £1,000.00 plus VAT 200.00 Total £1,200.00

Full day from £1,500.00 to £2,000 plus VAT (20%)

Refresher £750.00 plus VAT 150.00 per subsequent day Total £900.00

Fixed Fee for Change of Name for Adults

Change of Name and/or Statutory Declaration

Our Fee £100.00 plus VAT 20.00 Total: £120.00.

Protecting the Family Home in the Client’s Spouses Sole Name

Advise and drafting matrimonial home rights notice

£195.00 plus VAT if applicable (20%) any relevant Land Registry fee if applicable.

Deed of Trust

People who buy property together, or who help a family member get on the property ladder, need to legally record what contribution has been made by each person. This can ensure that everyone gets back what they put in. Otherwise, the investment could be lost.

What is a declaration of trust?

A declaration of trust, also known as a deed of trust, is a legal document that records how much money each person has contributed towards a property purchase, and what should happen to this money in the future. For more details see more information below.

What can a declaration of trust cover?

What’s included in a declaration of trust will depend on your individual circumstances, but it can cover things such as:

• how much money each person has contributed towards the property purchase and other costs, such as maintenance and mortgage repayments.
• how and when each person will get their money back.
• what will happen to each person’s financial contribution if a current relationship breaks down.
• what will happen to each person’s financial contribution if the homeowner fails to keep up with mortgage repayments.
• what will happen to each person’s financial contribution if the homeowner gets married or has children.
• what will happen to each person’s financial contribution if the homeowner sells the property and buys another.

What happens without a declaration of trust?

If you don’t have a declaration of trust, a deed of trust or any formal agreement in place, there won’t be a legal record of the contribution you have made, so you might not be able to get it back.

How much does a declaration of trust Cost?

Our fixed fee declaration of trust costs £1000.00 plus VAT 200.00 Total: £1200.00.

Once we have provided a written quote for the agreed work, that price will not change. As part of the Co-op Group, our values of openness, honesty, social responsibility and caring for others are core to the service we provide.

Our fixed fee declaration of trust service includes:

• initial legal advice by consultation or detailed telephone call.
• legal advice on the implications of signing a declaration of trust.
• all the information you need to create a declaration of trust.

drafting of the declaration of trust document, to reflect the financial contribution you have made and what should happen to this money if certain situations arise in the future.

This fixed fee service does not cover any negotiations if there is a disagreement. We can carry out this work on an hourly rate basis.

This fixed price deed of trust agreement is suitable for:

• people who have bought a property together in England or Wales
• people (other than the homeowners) who have contributed financially towards a property purchase in England.
• people who have already reached an agreement as to what should happen to the property (and any associated equity or debt) should certain circumstances arise in the future.