Family

AFR Advocates has expertise in relation to matters involving children. AFR has been actively involved in recent years in the dramatic overhaul that has taken place in cases involving children. The firm has acted in various capacities in both public and private child-care matters. We have also acted for parents and guardians, and separately represented children. AFR has also represented young people involved in criminal matters and also those that have had to spend time in secure accommodation.

When a marriage breaks down irretrievably, it is possible for one party to apply to the Royal Court (Matrimonial Causes Division) for a divorce. A divorce petition must be based on one of five facts (such facts include adultery, unreasonable behaviour and a period of separation). During the divorce process the Court can also deal with the issues of the parties’ children and finances.

Family mediation is available to couples (whether married or not) and is a voluntary process whereby the decision-making rests with the parties. An impartial mediator assists the parties to reach an agreement by offering information and possible solutions. The parties are also encouraged to take advice from an advocate so that they are aware of their legal rights. Often mediation can prove less expensive than litigation/court and leads to a result that both parties can “live with”.

It is possible to obtain a ‘separation’ in the Magistrate’s Court, but this Court cannot deal fully with the parties’ finances, particularly the marital home. If the couple can agree on how they are going to divide their assets (including the marital home) and how much time each of them is going to spend with their children, they can obtain a judicial separation (by agreement) in the Royal Court. This will be final and binding.