Family Law

We understand how stressful it can be when a marriage or relationship breaks down. We aim to resolve your difficulties as quickly and with as little animosity as possible. Our Family Law Department is committed to Resolution (formerly Solicitors’ Family Law Association), a body which encourages sensitive, efficient and economic handling when a relationship breaks down. We will help you to try and reach solutions which are fair to all members of the family and the children in particular.

We have two solicitors in our Family Law Department, which is headed by Evelyn Ford. Evelyn is a member of Resolution and member of the Solicitors Regulation Authority Family Law Accreditation Scheme’s Family Law Panel. Our other solicitor is Melissa-Jane Crow, also a member of Resolution a Resolution Accredited Specialist and past Chair of Broxtowe Women's Project. Both Evelyn and Melissa are participating in the Legal Services Commission Family Advice and Information Service, a project designed to help people access local expert services that may assist them in dealing with difficulties within a relationship or family.

It is important to realise that going to see a solicitor does not necessarily mean that your marriage or relationship is over for good. We will always discuss the possibility of a reconciliation with you. If, sadly, there is no future in the relationship, then you will find our approach to be supportive, sympathetic and practical. We know how intimidating the prospect of legal costs can be and we will give an estimate of our charges wherever possible. We are also members of the Community Legal Service (legal aid), which can provide assistance with legal fees in some cases.

Set out below is some brief information about divorce, children and financial issues. In addition, we also offer help with:

• Domestic violence
• Separation agreements
• Civil Partnership disputes
• Cohabitation issues
• Pre-nuptial contracts
• Child maintenance
• Children and Social Services

Divorce

You can start divorce proceedings after you have been married for a year. The only ground for divorce is that the marriage has irretrievably broken down.  To show this, the Court must be satisfied of one of the following facts:

a. Your spouse has committed adultery and you find it intolerable to live with him or her. 

b. Your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her.

c. Your spouse has deserted you for a continuous period of 2 years.

d. You have lived apart for a continuous period of 2 years and your spouse consents to a divorce.

e.  You have lived apart for a continuous period of at least 5 years.

The divorce procedure in most cases is quite straightforward.  There is normally no need for either of you to go to Court about the divorce itself, although in some limited circumstances a hearing may be necessary.  If that happens, we will make sure that you understand exactly what the purpose of the hearing is, and what is expected of you.

Children

We always aim to put the welfare of the children first, so that they are protected as much as possible from the stresses of the breakdown of the relationship.

If you and your former partner come to an agreement about the arrangements for the children, there is often no need for the Court to intervene at all.  However, if it becomes necessary to take proceedings, we will be happy to act on your behalf.

Financial Issues

Following most separations, there are financial matters that need to be resolved.  There may be a jointly owned home in issue; or maintenance problems to be dealt with or pension rights to be established.

We are experienced in negotiating fair and reasonable settlements for you but sometimes it is necessary to take court proceedings to resolve the financial issues.  There are no fixed rules as to who gets what following a divorce or separation.  Each case is decided on its own individual circumstances.  Amongst other things, we will consider the earning capacity and financial needs of you both, your ages and the length of your marriage.  We give first consideration to the welfare of any children to ensure that their needs are met.

We will advise you from the start about your duty to give full and frank disclosure of your financial position and will do our best to ensure that your former partner does the same.  This promotes a quicker resolution of the issues. We will also consider the possibility of mediation with you, depending on your wishes and the circumstances of the case.

Once all financial issues have been resolved, we will assist you in putting the terms of the order or settlement into effect.  Sometimes, this might mean liaising with another of our departments – for example, a house may need to be sold in which case our Conveyancing department will be pleased to assist.

Please remember – we are here to help.

The Collaborative Law Process

The Collaborative Family Law Process remains a relatively new way of dealing with family disputes. We are pleased to be one of only a small number of firms to be able to offer this alternative option to dealing with your family law problem.

In the Collaborative Family Law Process each person appoints their own lawyer, but instead of conducting negotiations between you and your partner by letter or telephone, you and your respective lawyers all meet together to work things out face to face. Each of you will have your lawyer by your side throughout the process and so you will have their support and legal advice as you go.

Collaborative lawyers and their clients sign an agreement that disqualifies the lawyers from representing you in Court if the Collaborative Process breaks down. This means that everyone involved in the process is absolutely committed to helping find the best solutions by agreement, rather than through conflict.

Sometimes only a couple of meetings are needed, on other occasions four or five. These meetings follow agendas that are set by you.

Once an agreement is reached, the lawyers can put this into effect.

Melissa Crow is a Resolution trained Collaborative Family Lawyer and she will be happy to be with you throughout this process and give you her support and legal advice.