Ian Walker Divorce Lawyer Photo headshot

Family Law Solicitors in Torquay

Ian Walker Family Law and Mediation Solicitors are now also Family Law Solicitors in Torquay

The last 18 months has been an exceptional period for Ian Walker Family Law and Mediation Solicitors.

Our achievements since January 2018

In this period, we have:

  • Gained the Law Society Lexcel practice management accreditation
  • Successfully re-tendered for the renewal of our Legal Aid Contracts for Family Law and for Family Mediation
  • Opened new offices in Weston-Super-Mare
  • Added Five Solicitors to our team, namely; the highly experienced David Howell-Richardson, Sandy Powell, Fiona Griffin and Nicole Phare as well as the more recently qualified Imogen Powell. This means we are a team of nine family lawyers (including also; Ian Walker, Kim Stradling, Karen Elliott and Carrie Meikle) – which makes us one of the largest family law teams in the South-West.

Whilst less visible, we have made changes to our website and to our procedures so that we have improved out transparency about legal pricing/charges and our systems to provide and outstanding service to our clients.

As part of these changes we have incorporated innovative technology into our website to assist new clients to better engage with us and to improve what we are able to provide at initial meeting. We have also introduced a pay as you go and wider fixed fee service.

Ian Walker Torquay Offices BuildingFamily Law Solicitors in Torquay

The final step in this period of growth is the opening of our Torquay Family Law Office on the 03 June 2019.

Our Torquay Family Law Office is conveniently located in Lymington Road, at the Torquay Business Centre.

We selected this as a location because it is easily accessible from all parts of Torquay. Torquay Business Centre is a relatively short distance from Torquay County Court. It is also reasonably convenient for Torbay Council social services meetings at Union House.

We also have the benefit of being able to offer free parking (subject to availability and normally pre-booking) and good disabled access.

Nicole Family Law SolicitorOur  Team

Our Torquay solicitors team will be led by Nicole Phare.

Nicole qualified as a specialist family law solicitor in 2005 and specialises in both children law and divorce.

Nicole enjoyed a long career in family law before qualifying as a solicitor and most of her career has been spent working for different practices in Torbay

Nicole will be supported in building our Torquay family law solicitors office by our director Ian Walker and highly experienced solicitors David Howell-Richardson and Sandy Powell.

Both Ian and Sandy have had careers which have included working for South Devon/Torquay practices and between us, we have assisted many Torbay families over the years.

There are now 3 practices in Torquay which include Law Society Children Panel Members and which offer Legal Aid

Torquay Law Office Building FrontWe are conscious that over the years the number of solicitors firms who undertake complex children work in Torquay has significantly reduced.

Before we opened our Torquay solicitors office there were only two firms of solicitors with offices in Torquay which included members of the Law Society Children Panel and which still offer a legally aided service.

By opening an office in Torquay we have taken this number up to 3.

From our Torquay family law solicitors office we will be assisting clients both with children law and divorce.

Divorce Lawyers in Torquay

We are a team of specialist divorce lawyers in Torquay. We will be offering a divorce service from our Torquay family law office.

At Ian Walker Family Law and Mediation Solicitors we are committed members of the family law solicitors organisation Resolution. Ian Walker is now in his third (three year) term as the elected chair of the Devon region of resolution. Ian is also a member of Resolution’s national Dispute Resolution Committee which promotes innovation and best practice in resolving family Law and divorce cases out of court. He has previously served as both a member of the Law Society Family Law Committee and as a trustee of the Family Mediators Association. One of Ian’s achievements was the introduction of collaborative family law in Devon.

We are committed to assisting our divorce clients to resolve their cases in a principled and fair way which focuses on achieving good outcomes but ensures that the needs of the couple’s children are not lost in (often unnecessary) adult disputes.

If you believe we can assist – please do get in touch.

Join our Family Law Team

In six and half years we have grown from nothing to being a leading family law solicitors practice and mediation service in the south-west.

We have achieved our growth through the innovative use of technology. Are use of technology is both client facing and also within the platform through which we work. We make good use of cloud technology. We use other innovative software and we subscribe to the best available family law practice support service.

We now have SRA authorised offices in Honiton, Exeter, Torquay and Weston-super-Mare as well as consulting rooms we access in Yeovil and Bridgwater.

Our team consists of both employed solicitors and fee share consultant’s.

Whilst on the one hand we intend to consolidate the advances we have made over the last 18 months, on the other hand, we are always open to new opportunities.

We are therefore ever open to hear from outstanding family lawyers who might be based in Devon and Somerset slightly further afield who are interested in joining an innovative, collegiate, noncorporate but highly professional and expert team. Our team has grown around its people and being open to new opportunities and if you share our vision and would like to join our journey then we would like to hear from you. (Equity opportunities are available). Join our Family Law Solicitors in Torquay.

Leading Exeter Family Law Solicitor and Exeter Divorce LawyerExeter Divorce Lawyer – Ian Walker

Leading Exeter Family Law Solicitor and Exeter Divorce Lawyer David Howell-Richardson joins Ian Walker Family Law And Mediation Solicitors – adding to one of the most experienced teams of family Law solicitors and divorce lawyers in Devon and Somerset

David Howell-Richardson has spent many years assisting clients in Exeter and throughout Devon to achieve good outcomes for their divorce and child related problems.

David Howell Richardson qualified as a solicitor in 1978 and as Head of Family Law and partner at Stones Solicitors, Exeter and then Trowers and Hamlins Solicitors, David will have assisted thousands of clients in Exeter and Devon with his child focused but tenacious approach. David has spent many years as a member of the Law Society Children Panel and on the Law Society Family Mediation Panel.

David Howell-Richardson is well known and well liked in the Exeter and Devon family law community. He is an active member of Resolution, which is leading force in the development of good practice for family solicitors and divorce lawyers. David’s reputation and experience assists him in achieving good outcomes for his clients.

Leading Devon and Somerset family law solicitor and divorce lawyers

Ian Walker Family Law and Mediation Solicitors was founded by leading Devon and Somerset family law solicitor and divorce lawyer Ian Walker in 2013. Ian Walker is the long-standing chair of the Devon region of Resolution and is a former member of the Law Society Family Law Committee and a former trustee of the Family Mediators Association.

It is the mission statement of Ian Walker Family Law and Mediation Solicitors to set standards of excellence in the practice of family Law and mediation. Also, to assist clients to find the best solutions for their family law issues in a way that is child focused, cost effective and as un-traumatic as possible.

A progressive approach to family law and divorce

An example of the progressive approach of Ian Walker Family Law and Mediation Solicitors is that the practice has always published its charging rates on their website http://ian-walker-family-law.local/payments-2/these charges are consciously lower than comparable city centre practices. However, if clients are concerned for some reason that the law firms in Exeter charging rates are not high enough, there is an ongoing offer in the firm’s fair charging policy http://ian-walker-family-law.local/payments-2/fair-charging-policy/ to price match a more expensive charging rate and donate the difference to a children’s charity.

One of the most experienced teams of family Law solicitors and divorce lawyers in Devon and Somerset

Ian Walker Family Law and Mediation Solicitors has quickly developed one of the most experienced teams of family Law solicitors and divorce lawyers in Devon and Somerset. In addition to Ian Walker and David-Howell Richardson, two of our other family Law solicitors and divorce lawyers have been partners and head of family law and divorce at their previous Devon practices, namely; Kim Stradling (Everys Solicitors) and Sandy Powell (Dunn and Baker Solicitors).

There are currently 7 specialist family Law solicitors and divorce lawyers in the team at Ian Walker Family Law and Mediation Solicitors, but there are already plans in place which should see this rise to 9 specialist family Law solicitors and divorce lawyers by early 2019. This will make the team one of the largest specialist teams of family Law solicitors and divorce lawyers in Devon and Somerset, assisting clients from its offices and consulting rooms in Exeter, Taunton, Honiton and Yeovil.

The practice has a well-regarded website http://ian-walker-family-law.local/ which includes lots of useful information about family law, child law, divorce, family mediation and family law arbitration. The website includes pages with helpful advice to assist clients to choose their best divorce lawyer http://ian-walker-family-law.local/divorce/best-divorce-lawyer/ and about what to do if social services have concerns about parenting http://ian-walker-family-law.local/what-to-do-if-social-services-have-concerns-about-your-parenting/

David says:

I am delighted to be a member of the family law solicitor and divorce lawyer team at Ian Walker Family Law and Mediation Solicitors. I have known Ian Walker, Kim Stradling and Sandy Powell for many years and they together with their team are excellent family Law solicitors and divorce lawyers. The philosophy behind the firm is about combining best practice, the good use of technology and reasonable charging. I am very pleased to be part of the team and to continue to assist families in Exeter and Devon.

Ian Walker says:

David Howell-Richardson has fitted easily into our team. We are building a leading family law practice to serve clients throughout Devon and Somerset from our offices and consulting rooms in Exeter, Taunton, Honiton and Yeovil. 2018 has been a year of excellent results and of growth for the practice and I am looking forward to further growth in 2019.

I founded Ian Walker Family Law and Mediation Solicitors from scratch in 2013. Initially it was just me and a computer.

From 2015 we started to build a team. This now consists of 6 Solicitors and a Legal Executive plus 5 support. By the time we get to 2019 we are expecting to add at least one more Solicitor.

We have an experienced and respected team. Three of the Solicitors in my team have been partners and heads of the family law departments at previous practices. In fact are now one of the most experienced family law teams in Devon and Somerset. 

Grown through recommendation and good business planning and by being well connected and respected in our local family law networks. 

I am the longstanding chair of the Devon Region of the family solicitors organisation Resolution. I am also a past member of the Law Society Family Law Committee.

Following a mid year review of our organisation, we have identified the need for a new member in our support team…

The Role; Administration assistant/legal assistant/paralegal/Legal PA

We are recruiting an administration assistant/legal assistant/paralegal/Legal PA who will be responsible for;

  • Document management (paper and digital)
  • Preparing Trial Bundles
  • Diary management
  • Telephone contact with clients and professionals and new enquiries.
  • Assisting with move to digital working and compliance with professional standards.

We don’t have traditional secretaries, so there is no audio typing.

Person Specification

Most importantly we are looking for someone who will fit into the team, who is hardworking and self-motivated with a good sense of humour.

The successful candidate will have/be most of the following:

  • Previous experience in a similar role
  • Outstanding IT skills
  • Tidy and organised
  • Team player
  • Familiarity with SOS connect case management software
  • Experience of time recording
  • A sunny personality/good sense of humour

More about the role

  • You will be based in Honiton. We could have based ourselves in Exeter but don’t like sitting in commuter traffic! (We see clients in Exeter/Taunton/Yeovil offices by appointment)
  • There is a carpark at the East Devon Business centre where we are based.
  • All team members have 5 weeks holiday a year. We have also given additional discretionary days when closing the office between Xmas and New Year.
  • We try to have a team curry 3/4 times a year.
  • This is a full time role.
  • Normal office hours.
  • Salary dependent on experience.

Please email your CV and covering letter to me at [email protected]

Christmas conflict or a season of goodwill?Christmas conflict or a season of goodwill?

We know that Christmas is not a happy time that everyone. Indeed it can be very lonely and depressing. Some parents are for various reasons unable to spend time with their children on the main days of the Christmas holiday or even at all.

Family disputes in the run-up to Christmas

In the run-up to Christmas we deal with a surge in cases where separated parents are in dispute over the arrangements through which children will spend time with each parent over the Christmas holiday. Here are some hopefully helpful thoughts.

Think about arrangements from a childs perspective

Children don’t  want to see the adults around them arguing. Children want to enjoy everything that is going on. They will quite naturally want to see all of the important adults in their lives if possible. If they are taking part in a school play or similar performance children will normally want this to be watched by their important family members. Most importantly of all (again) children do not want to witness arguments; children wants to have fun and be happy.

Have realistic expectations of what the other will agree

If it has not been possible to agree arrangements for children to spend time with the adults who they do not live with during the year, then it is unlikely that there are going to be any significant changes agreed for the Christmas period. Equally, if the amount of time that the non-resident parent spends with their child is quite limited, then it is unlikely that it is going to be agreed that they can have loads ofadditional time over the Christmas holiday. Anyadditional time that can be agreed is likely to be along the lines of what is already taking place. Asking for more than is realistic will probably be counter-productive and will only lead to arguments.

Make use of other family members  for handovers

If separated parents cannot get on with each other normally, then it is unrealistic to expect significant change over Christmas. Moving between one parent and another can be very stressful for children as well as for their parents. Sometimes the situation can be improved if a family member or friend can on a regular or even specific occasionassist with the move between one parent and the other.

Agree arrangements as far in advance as possible

The best time to discuss the arrangements for Christmas is in the spring of the year before. This allows ample time to undertake mediation. If agreements cannot be reached then an application would need to be made to the Court. Securing court time is not always easy and if there is a dispute over the Christmas arrangements, if an application is made to the court in the middle of December it is unlikely that the case will be able to get before a Judge in such a way that decisions can properly be made. The later a court application is left before Christmas, the less likely it is that a satisfactory outcome will be achieved

Record agreements in writing

Courts make decisions based upon evidence. If an agreement has been reached between parents and it can be proven that an agreement existed then the starting point of the Court is likely to be based upon making the parents keep to their agreements (unless there is a good reason for change)rather than starting completely from scratch

Don’t Forget Safety Issues

Some parents sadly do not see their children or have their time with their children restricted because there are issues about safety. Examples of this can be where there has been domestic abuse or even abusive or unsafe behaviour involving the children. Sometimes the parent with whom the child lives places the question of safety to one side in order to try to be nice to the other for Christmas or because they want to give their children what they think their children want. Risks are unlikely to diminish simply because it is Christmas and if a parent places themselves or their children in an unsafe situation then they could be unfortunate consequences both with some problem arising and also with the possibility that social services could become involved with the family because of concerns over a parents failure to protect.

Try family mediation

The best arrangements for children are ones where their parents are able to communicate well with each other and where both parents have confidence that the other will deliver their side of the agreement. The best arrangements are where parents are able to trust each other. Unless there is a significant safety issue the best way to achieve the best arrangements is through the parents talking to each other and finding a way to put past difficulties behind them. Mediation can be an excellent forum for achieving this. The starting point to a successful mediation is both parents accepting that there is a problem that needs to be resolved and both wishing to do something to resolve the problem.

Get good Legal advice

Where advice is required it is always a good idea to do this as soon as it becomes clear that the problem will not easily be solved. In our experience problems do not easily go away if nothing is done to try and solve them. Reasonable arrangements for children over the Christmas period often include Christmas Day being shared or children spending Christmas with one family one year and with another the next. However, all situations are different. Getting specific legal advice is usually a good idea.

We are a Firm of Solicitors specialising in family law and a mediation service that is based in Honiton in East Devon. We also have branch offices in Taunton. Our mediation service is contracted with the legal aid agency to offer legally aided mediation in Honiton Exeter and Taunton. If you qualify for legal aid for mediation then the mediation will be free of charge.We are members of the family solicitors organisation Resolution. Ian Walker is currently the elected chair of the Devon region Of Resolution

Resolution Dispute Resolution Week 2015

This week is Resolutions annual Dispute Resolution Week. The idea is to raise awareness of constructive ways of dealing with divorce and other family disputes.

I am a big supporter of the aims of Dispute Resolution Week. I am Chair of the Devon Region of Resolution. I have been on the Devon Committee for over 10 years and a Resolution member for around 20 years. I was one of the first Family Mediators trained by Resolution in 1996 and I am was also an early adopter of Collaborative Family Law.

We are not doing anything in Devon this year as we have other things in the pipeline for 2016, but those of us who are members encourage anyone with an interest to read the research commissioned by Resolution for Dispute Resolution Week and to watch the new video (embedded in this post)

Here is a summary of the research

Don’t stay together for our sake, say children

New polling has found that around eight out of ten children and young people with experience of parental separation or divorce would prefer their parents to split up if they are unhappy, rather than stay together. (more…)

_MG_5336Resolving Family disputes the Resolution way

We invest a lot of ourselves in our personal relationships. The break-up of a marriage or long term relationship is likely to unleash a lot of negative emotions.

As an experienced family law solicitor I know in this emotional maelstrom there is a serious risk that one or both of the couple may make poor decisions which they might later regret.

Making Good Decisions

Before taking any steps on behalf of a client, I would always wish them to be clear that they are certain in any decision to separate. “The grass is not always greener”. On the other hand some relationships do reach the point where they are broken beyond repair and are even harmful. (more…)

Choosing a good Family Solicitor – December/January separations

Resolving Family disputes the Resolution way

As an experienced family law solicitor I know that the Christmas period is not a happy time for everyone. In the run-up to Christmas we deal with a surge in cases between separated parents who are in dispute about where their children are to spend time.

January Divorces and Separations

Some families manage to hold things together over Christmas but the cracks within the relationship are such that as the New Year arrives one will decide that they cannot face another year together.

This explains why Solicitors see an increase in new instructions each January.

Making Good Decisions

Separating in a planned way represents an opportunity to avoid hasty decisions and bad choices.

Before taking any steps on behalf of a client, I would always wish them to be clear that they are certain in any decision to separate. “The grass is not always greener”. On the other hand (more…)

A Freedom of Information Act request on divorce statistics – answers published 22 September 2014

The rate of marriage has increased steadily over the last five years whilst the rate of divorce appears to be steady in the same period. Although over a ten-year period that has been a significant decline in the number of divorces. This is information that can be found in the answers to a Freedom of Information Act request published on the website of the office of National statistics on the 22 September 2014. We have reproduced the questions and answers below in italics but (more…)

Hooray! The schools have now broken up and my own children are happily at home enjoying what they do best, which is arguing with each other!

Generally speaking separated parents will by now have reached agreements (including through mediation) or made applications to the Court about how their children will spend time with the different parts of their family during the school summer holiday. It is always much better if these things can be agreed. It is much much better for children if holiday contact can be agreed well in advance in order to allow the children to look forward to spending time with each parent and to going on whatever holidays have been arranged.

Below is an info graphic produced by the family solicitors organisation: Resolution, which includes five tips for stressed out parents of all varieties.

Resolution is (more…)

A Prenuptial Agreement  is an agreement between a couple, before marriage, which intends to regulate what is to happen about property and finances if they separate.

Are Prenuptial Agreements enforceable?

The Law of Divorce means that any agreement between the couple is not binding until it has been approved by a Court. The Court has discretion and the Judge needs to be satisfied that the agreement is reasonable.

The Court has a wide discretion and this is deliberate, in order to ensure that the weaker of the couple is protected from unfairness. The Court will also wish to ensure that the needs of any minor children are also met. This said the Court is increasingly unlikely to disallow an agreement which has been reached in a fair way and where the implementation of the Agreement in full would lead to an outcome which it would not be fair to hold the couple to.

Lord Philips of the Supreme Court explained in 2010 in the case of Radmacher (formerly Granatino) v Granatino:

‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’.

What needs to happen when the Agreement is entered into for a Prenuptial Agreements to be enforceable?

In a nutshell, the couple need to show;

1. The contracts were entered into freely and voluntarily;
2. Both parties had the benefit of independent, competent legal advice; and
3. Full disclosure was made of all relevant, financial and other circumstances.

What the Court will look at when it is asked to approve the terms of the Agreement

The Supreme Court said there were also three issues that needed to be considered by the Court when deciding whether to give effect to a Prenuptial Agreement

1. Were there circumstances attending the making of the agreement which should detract from the weight which should be accorded to it?
2. Did the foreign elements of the case enhance the weight that should be accorded to the agreement?
3. Did the circumstances prevailing at the time the court made its order make it fair or just to depart from the agreement?

So far as point 3 is concerned a significant event such as the birth of children in the relationship may supersede the agreement.

The Court would also be interested to know if one or both of the couple were from a country where such agreements are more common than in this country.
Can you cut corners?

If you try to cut corners, you will not find out if you have succeeded until it is too late.

If a Prenuptial agreement is right for you, it is worth investing the the time to get it done properly in order to ensure enforceability.
You could save a few hundred pounds now and it could cost you thousands, even hundreds of thousands of pounds later.

Is it better to build a house of straw or a house of bricks?

So who are Pre-Nups for?

In theory anyone might benefit from having a Pre-Nup. We would particularly suggest older couples, perhaps entering into a second marriage, where one or both have children and where one or both have assets of some value.

They are not romantic, but they are pragmatic and realistic. Going into a marriage with open eyes does not mean that that the marriage is being undermined. You could argue, that by having serious discussions about money in advance of a wedding will mean that a couple have a better sense of the strength of their relationship and better understanding of each other’s attitudes toward money. Perhaps those are ingredients for a more durable and successful union?

The Law Commission on Prenuptial Agreements

In the spring of 2014 the Law Commission reported on the subject of Prenuptial Agreements. No changes to the current law have been made as yet. The essence of what was proposed was a clearer system which might encourage greater use. However the need to do go through an open process to allow both of the couple to make informed decisions with Legal Advice and disclosure remain key.

Do I really need a Solicitor for my Prenuptial Agreement?

In short we would say yes. Luckily we are Family Law Solicitors in Honiton, Exeter and Taunton who undertake this work.