FAQs

Yes. We offer a free initial consultation so you can discuss your situation with a family law solicitor before deciding how to proceed.

We can act quickly to help secure protection, provide advice about your options and guide you through seeking injunctions if needed. All enquiries are completely confidential.

Yes. We regularly represent parents and carers in disputes about where a child should live, how much time they spend with each parent and any safeguarding concerns. Our Children Panel specialists offer experienced representation.

Most divorces take around six to eight months. Cases involving financial agreements or child arrangements can take longer. We will give you a realistic timeline at the start.

We have significant experience with Special Guardianship Orders, advising grandparents, relatives and carers who need secure arrangements for a child. We guide you through the assessment and court process if required.

Yes. Many clients speak to us before beginning the process so they understand their options clearly. We explain the procedure, what documents you need and how financial matters are usually resolved.

We help with divorce, financial settlements, child disputes, Special Guardianship, domestic abuse, cohabitation agreements and cases involving social services. Our team also supports clients with parental responsibility, adoption and international relocation issues.

Yes, we have a London office. Our address is 84 Brook St, London W1K 5EH.

Yes, our Manchester office can be found at the Bass Warehouse, 4 Castle St, Manchester M3 4LZ, just four minutes away from Deansgate-Castlefield train station.

Yes, our Altrincham office is based at 20 Market Street, WA14 1PF. For a full, no-obligation consultation by telephone, video conference, or by visiting the office, ring 0161 507 7145 or email us at [email protected].

We don’t have a permanent office in Wilmslow, but our nearest location is just a 9-minute drive away in Alderley Edge:

McAlister Family Law
4 West Street
Alderley Edge
Cheshire
SK9 7EG

You can book a free consultation at our Stockport office, by phone or email.
Contact us today:

0333 202 6433
[email protected]

Yes. We have a local office at:

McAlister Family Law
176 London Road
Hazel Grove
Stockport
SK7 4DJ

This office is just 10 minutes from Stockport’s Family Law Courts, making it an ideal location for in-person support.

We don’t have a physical office in Macclesfield, but our Alderley Edge office is the closest location and easily accessible from Macclesfield.

You can find our closest office at:

McAlister Family Law
4 West Street
Alderley Edge
Cheshire
SK9 7EG

We operate across Greater Manchester, including Didsbury, but do not have a physical office there.

Our nearest office is located at:

McAlister Family Law
Bass Warehouse
4 Castle Street
Manchester
M3 4LZ

Yes, our Cheshire office is based at 4 West Street in Alderley Edge. Visit our office to arrange a full, no-obligation consultation by telephone or video conference. Contact us at 0333 202 6433 or email [email protected]. 

While we don’t have a physical office in Tarporley, our Alderley Edge office is ideally located for clients in the area. We provide a private and welcoming space to meet with our experienced legal team and discuss your needs in confidence.

You can find our Alderley Edge office at:

McAlister Family Law
4 West Street
Alderley Edge
Cheshire
SK9 7EG

Our Alderley Edge office is ideally located for clients based in Sale, providing a confidential and welcoming space to meet with our knowledgeable legal professionals.

You can find our Alderley Edge office at:

4 West Street,

Alderley Edge

Cheshire

SK9 7EG

0161 507 7138

We do not have a dedicated Nantwich office, but our Alderley Edge office is conveniently located for clients in Nantwich and the surrounding areas.

We offer a discreet and professional environment to discuss your legal matters with our expert team.

Our Alderley Edge office is located at:

McAlister Family Law
4 West Street
Alderley Edge
Cheshire
SK9 7EG

Our Alderley Edge office is the nearest location to Knutsford, offering a discreet and convenient suburban setting to meet with our experienced legal team.

You can find our Alderley Edge office at:

4 West Street,

Alderley Edge

Cheshire

SK9 7EG

0161 507 7138

Our Alderley Edge office is our closest location to Cheadle Hulme, providing a discreet suburban location to meet with our expert legal team. 

You can find our Alderley Edge office at:

4 West Street,

Alderley Edge

Cheshire

SK9 7EG

0161 507 7138

When getting divorced it is often necessary to get specialist valuation reports for properties, art, antiques, yachts etc. We regularly obtain such reports and have contacts around the world that can assist with this. Specialist tax advice is also often needed from different countries regarding the sale or transfer of assets and how different countries deal with the taxation of the payment and receipt of spousal and child maintenance. We regularly obtain this advice, often from accountants that are dual qualified, so that they can advise on the tax implications for a spouse that is living here and a spouse that is living in another country.

When international couples separate, one of them may want to move to another country with the children. You cannot take your children to live in another country without the agreement of your spouse or a court order allowing you to do this. If you do take your children to live in another country without your spouse’s consent this is likely to be considered child abduction. You need to take specialist advice before making any decisions regarding arrangements for your children.

If you can get divorced in more than one country you need to issue your divorce proceedings in your country of choice as quickly as possible, as your spouse may also be taking legal advice and may want to issue divorce proceedings in different country from you because it is more beneficial for them. The country where the divorce proceedings are first issued will usually deal with the divorce.

If you can get divorced in more than one country it is very important that you take specialist advice from a divorce lawyer qualified in the relevant jurisdictions. The financial settlements that divorce courts make vary significantly from country to country. The English and Welsh courts have traditionally been more generous to the less wealthy spouse than in other countries, which has resulted in many high profile international divorces taking place here. Only when you have received specialist advice can you decide which in country is best for you to get divorced.

International couples can often get divorced in more than one country. Where you get divorced can have a significant impact on the financial settlement that you receive and the amount of time that it takes to get divorced. You therefore need to find out what your options are before divorce proceedings are started.

• If you are from England or Wales but currently live in another country, you may not be able to get divorced here unless you or your spouse returns to live here for a period of time. You are likely to be able to get divorced where you currently live. Taking specialist advice at an early stage can help you decide if you need to take certain actions to make sure that you are in the best possible position should you decide to divorce
• If you are not from England or Wales but currently live in England or Wales, you are likely to be able to get divorced here
• If you are not from England or Wales but your spouse is and neither of you currently lives here, you may be able to get divorced here

The executor of a Will is ultimately responsible for ensuring that the deceased’s estate is properly wound up and that the wishes in their Will are carried out.

To remove an appointed executor from a Will, the beneficiaries under the Will, together with any other interested parties, must be able to prove to the court that the executor is ‘unsuitable’ and/or ‘incapable’ of carrying out their duties.

Unsuitability

The court will only take into consideration a breakdown of a relationship between an executor and the beneficiaries, only in circumstances where it makes the take of the executor impossible.

Therefore in the context of unsuitability, to remove an executor evidence will need to be provided that the executor has acted unlawfully and/or in conflict with his duties under the Will. This can involve a range of issues that would be construed as misconduct, ranging from incompetence in the administration of the estate, misappropriation of assets, to acts of dishonesty.

The court does not necessarily need to determine wrongdoing or default on the part of the executor, the guiding principle of the court is to determine the suitability of an executor and whether the administration of the estate is being carried out properly.

Incapability

Such consideration in these circumstances relates to whether the executor is physically or mentally well enough to administer the estate. An executor may be incapable of carrying out their duties if they have suffered a physical or mental impairment. If in the circumstances an executor does not agree to step down, then legal action may be required to prove their impairment and the impact it has on their capacity as an executor.

The Civil Procedure Rules (CPR) in the UK govern the procedure for civil litigation. The costs rules under the CPR outline how costs are managed and awarded during legal proceedings. These rules include guidelines on the types of costs that can be claimed, the assessment of costs, the factors considered by the court when making cost orders, and the procedures for detailed assessment of costs.

The general rules relating to costs contained in the CPR continue to apply in claims under the I(PFD)A 1975. As such, the general rule remains that the unsuccessful party will be ordered to pay the costs of the successful party but the court may make a range of different orders.
As set out by Henderson J in Kostic v Chapman [2007] EWHC 2909 (Ch) at [4]:

‘The costs of a contentious probate action, like those of any other civil claim, are within the discretion of the court, and CPR Parts 43 and 44 will apply. The general rule, enshrined in CPR 44.3(2)(a), is that the unsuccessful party will be ordered to pay the costs of the successful party, or in other words that costs follow the event.’

Therefore, it is with this in mind that serious consideration must be given before issuing an application to the court, there are significant potential costs consequences to litigation.

Under the Inheritance (Provision for Family and Dependants) Act 1975, an application for reasonable financial provision from the estate of a deceased person must typically be made within six months from the grant of probate. However, the court does have the discretion to allow applications to be made after this time frame in certain circumstances, but it’s generally recommended to adhere to the six-month limit whenever possible.

Unfortunately in litigation there are no guarantees on timescales, the amount of time necessary to resolve a claim is very much based on the facts of any given case. This will depend on which court the application is issued in, it can range from between 9 to 18 months to resolve unless there is an earlier settlement