Pollecoff Solicitors

family law & divorce

Domestic Violence
Divorce/Civil partnerchip dissolution;
Cohabitation disputes;
Children-public and private law;
Financial disputes;
Separation agreements

Our family team comprises of Philip Pollecoff and Emine Mehmet. Philip Pollecoff is an advanced member of the Law Society Family Law Panel and a collaborative lawyer. Emine Mehmet is a member of the child law panel and a specialist in ancillary relief and childrens matters as well as Hague Convention cases. Both solicitors also carry out emergency injunction work and we are on the panel for the National Centre for Domestic Violence.

Many people feel least able to deal with their affairs when a family unit breaks down. This is where we step in. Our Firm recognises that family matters can be particularly stressful and our aim is to minimise that stress. Our family law solicitors pride themselves on supporting clients through what can be difficult times, as well as providing an efficient service. Our strength is in determining which approach is necessary on a case by case basis, whether that be conciliatory, through mediation or otherwise. Our goal is always to achieve whatever is best for our client's and we take pride in our proven track record.

We will help you reach an agreement over where your children live and how regularly they have contact with each parent as well as resolving financial issues. We have gained much experience over the years acting for a wide variety of people, including those in the financial services sector, as you would expect of a firm in our location, including brokers, traders and executives of commercial banks.

We act in a vast array of children issues including contact, residence, removal from the jurisdiction and care proceedings.

Sometimes, problems can be prevented in advance by a prenuptial agreement or a cohabitation agreement, both of which we are able to provide. For those who are separated but do not yet want to divorce, we can prepare separation agreements.

We can bring and defend proceedings under the Inheritance (Provision for Family and Dependants) Act of 1975. This covers situations where a person has not received provision under a will and is a dependant of the deceased, or has children who are dependant.

We also deal with matters of domestic violence and can offer support and practical advice.

Collaborative Law... a better approach to divorce

The aim of collaborative law is to look for practical and amicable solutions to family issues without involving the Court.

Collaborative Law is sometimes put forward as a cure all solution in matrimonial disputes. That is simply not the case. It is one of a number of ways to approach a resolution and has advantages and drawbacks.

In some circumstances it allows real opportunities to reach a tailored outcome which could be very beneficial for all the family. It can also prevent much hostility. That is why you may have read so much positive information about collaborative law.

Our view is that the process has the capability to deliver on its promise, however one must be pragmatic about outcomes following family breakdown and very clear about your objectives at the outset. It is a process that requires maturity, emotional intelligence and courage as at times you have to dig deep.

You and your partner make a commitment to reaching an agreement through a problems solving approach, we do not go to court except to seal the final consent order and process an agreed form of divorce petition. We work with you and your partner and their lawyer, to see if we can all reach the best possible outcome for the family. We work in an open environment to resolve concerns and problems that may arise and look to create value and positive outcomes. For further details please ask Philip Pollecoff or visit www.collabfamilylaw.co.uk.

Some practical tips for divorce....

keep evidence of any discussions, for example by email or by keeping a note
don't be drawn into discussions regarding finance without legal advice. To do so could be to invite allegations that an agreement has been reached, which may not be in your best interests
don't use children to score points - their best interests are of paramount importance

Frequently asked questions....

- how long do I have to wait before I can issue a divorce?

You have to have been married for a year before a divorce can be issued but you can issue it immediately upon separation, so long as you have the grounds to do so and can show one of the 5 facts

- what are the grounds for divorce?

There is one ground for divorce, that is that the marriage has irretrievably broken down. In addition, you must show that one of five facts has occurred that is adultery, unreasonable behaviour, 2 years separation and consent, 5 years separation or desertion. Unreasonable behaviour can be very mild and is what is considered unreasonable to an individual.

- are pre nuptial agreements binding?

Whilst they are not strictly speaking binding in that it is open to a judge to set aside a prenuptial agreement, a judge is unlikely to do so as long as some important requirements have been adhered to such as each party has had the benefit of legal advice before signing and there was full disclosure of all assets. It is very important to obtain legal advice before entering into a pre-nuptial agreement.

- do I have a right to see my child

the presumption is that a non resident parent should have contact, although factors such as violence or alcohol and drug addiction can mean that contact is not deemed suitable or is supervised.

- my partner is violent, what can I do?

We can make an urgent application for an injunction for your protection, please contact our family department without delay.

Please contact us to arrange an appointment or for more information about our family law service. You may also wish to read about how our existing clients rate our service.

Enquiries to Emine Mehmet and Philip Pollecoff.