Family Law Solicitors
Our Family Law Department
Our Family Law department consists of an experienced team of 3 Solicitors covering 3 offices in Doncaster, Tickhill and Rotherham, who can provide you with expert Family Law advice. The team covers all aspects of Family and Matrimonial law.
All of our Family Law Solicitors are specialists in their own field and can assist and advise you in relation to the following:
- Divorce and Dissolution of Civil Partnerships
- Financial Settlements (to include property settlement, spousal maintenance, pension sharing and Schedule 1 claims)
- Drafting and filing of Consent Orders
- Pre-Nuptial and Post-Nuptial Agreements
- Separation and Cohabitation Agreements
- Children Agreements and Orders, including Child Arrangement Orders (previously known as Residence and Contact Orders), Specific Issues and Prohibited Steps Orders
- Collaborative Law
(Please note that we are no longer Legal Aid providers and are unable to offer this service.)
All of our Family Law Solicitors are members of the Resolution organisation and are therefore committed to the constructive resolution of Family Law disputes.
If you would like to discuss a potential Family Law matter or would like any further information, then please contact one of our team using the details shown on this page or call the team on 01302 340005 by choosing option 5.
Divorce and Dissolution of Civil Partnerships
Our team of family lawyers understand how important emotional support is at such times and therefore does their utmost to accommodate our clients' wishes and feelings in a sensitive and caring manner. We have a wealth of knowledge, skill and expertise available to provide our clients with an excellent service. Our dedicated and friendly team are here to assist every step of the way.
If you have been married or been in a Civil Partnership for at least one year and believe that your marriage has come to an end, you can issue divorce proceedings.
To obtain a divorce in England or Wales, you must prove that your marriage or Civil Partnership has irretrievably broken down. It is no longer a requirement to provide any further details of the breakdown. Our solicitors can make an application to the court on your behalf via the Court Portal and keep you up to date with the progress.
If you are commencing divorce or dissolution proceedings, we recommend discussing financial settlement with one of our solicitors who can manage both your divorce and financial matters and progress these as appropriate.
If you would like to discuss a potential matter or would like any further information, then please contact one of our team using the details shown on this page.
Financial & Property Settlements
If you are going through a divorce or dissolution, it is important to note that the court will not automatically make any orders dealing with financial matters as part of this. Financial claims between you and your spouse do not end following your final order of divorce being granted by the court, and it is imperative that financial claims between you and your spouse are settled and formalised within a Court Order and a Clean Break obtained if appropriate.
If you and your spouse cannot agree about financial and property matters and are unable to file an agreed Consent Order with the court (see below), then you may need to consider instructing a solicitor to deal with financial disclosure on your behalf with your spouse or partner, so attempts can be made to reach an agreed outcome.
It is a requirement under the court rules that attempts are made by way of Non-Court Dispute Resolution (NCDR) ahead of making an application to the court, and, if appropriate, our team will assist with making a referral to mediation ahead of commencing Court Proceedings if matters are not agreed by negotiation through solicitors.
If an application to the court is appropriate, the court has a wide range of powers to make orders relating to finance and property issues. Great care is given in proceeding to the court due to the costs involved and the time it can take for matters to progress. Your solicitor will continue to attempt to negotiate and resolve matters throughout this process.
Our family law team is experienced in complex financial disputes, including farming cases, property portfolios, and matters involving business assets. Further, we are also experienced in Schedule 1 Children Act matters, having dealt with one of the most recent and leading decisions in this area of law.
If you would like to discuss a potential matter or would like any further information, then please contact one of our team using the details shown on this page. One of our assistants will take initial details from you before making you a fixed fee appointment with one of our solicitors.
Drafting and Filing of Consent Orders
If you and your spouse can reach an agreement about financial matters, then it's always best to record your agreement in a formal Court Order known as a Consent Order. The court can make such an order as soon as the divorce has reached the Conditional Order (formerly decree nisi) stage.
We can assist you in drafting the Consent Order in accordance with the agreed terms and file this with the court for approval and formal sealing by a Judge.
Pre-Nuptial and Post-Nuptial Agreements
An increasingly common and less taboo topic ahead of, or even after, marriage is the benefit of having a nuptial agreement. These agreements essentially protect or determine the division of assets upon divorce and can assist in saving costs and time further down the line, should difficulties be encountered.
These agreements are becoming more and more common, and although not yet legally binding in the UK, they will be taken into account by the court, provided that certain criteria are met. We are able to advise you on how best to ensure that your nuptial agreement is valid, and we are able to provide independent legal advice should your future spouse have asked that you sign such an agreement.
If you would like to discuss a pre- or Post-Nuptial agreement or would like any further information, please get in touch.
Separation and Cohabitation Agreements
Clients who are married, cohabiting or Civil Partners can make agreements covering issues following separation, such as the division of property and assets and payment of maintenance. This is often a preferred option as there is no need for court proceedings, but a Separation Agreement can give clients some certainty following the breakdown of their relationship.
For a Separation or Cohabitation Agreement to carry any weight in possible future Court proceedings, certain criteria need to be met. Our experienced team of family lawyers will advise you on the terms of the Separation Agreement and draft the necessary documentation.
If you would like to discuss a potential matter or would like any further information, then please contact one of our team using the details shown on this page.
Children's Issues and Child Arrangements
Following the separation of parties, regardless of whether they are a cohabiting couple or married, one of the paramount considerations is what legal arrangements should be made for the children. We understand that this will be an emotional time for you to navigate, and our team will ensure that we guide you through this path of uncertainty to ensure that an agreement is reached which is in the best interests of the children. Our main priority is to ensure the safety and wellbeing of the child and to work through the case in a way that offers the best solution for all parties involved.
Should an agreement not be reached on an amicable basis between the parties, either through negotiations assisted by solicitors or via mediation, we would advise you on making an application to the court and guide you through the process. The court will only make a child arrangements order if it thinks that this is best for the children. Such an order can define who the child/children live with and/or how often they spend time with each parent, which could either be in the form of indirect or direct contact.
The court also has powers to make other orders in relation to child issues, such as a Specific Issue and Prohibited Steps Order.
A Specific Issue Order is an Order which resolves disputes regarding a child's upbringing or wellbeing in situations where parents or guardians are unable to agree. These could include decisions about a child's education, changing the child's name, healthcare, such as medical treatment, taking the child on holiday abroad or religious upbringing, to name a few. The court will consider a number of factors when deciding whether to grant a Specific Issue Order, including:
- The child's wishes and feelings.
- The welfare and safety of the child.
- The child's emotional, physical and educational needs.
- The potential effect of any changes in the child's circumstances and the risk of harm.
- The capability of each parent to meet the child's needs.
- The parents' relationship with the child and how they would be able to support the child's best interests.
- The age, sex and background of the child.
A Prohibited Steps Order is a Court order preventing a person from taking certain steps or making a decision about a child without the express permission of the other parent or the court. Common reasons for seeking a Prohibited Steps Order are changing a child's surname, removing a child from the UK, relocating with a child within the UK, medical treatment of a child, choosing a child's school or moving a child to a different school or changing a child's religion.
Again, the court will consider the factors as detailed above for the Specific Issue application to determine whether an order will be granted.
Collaborative Law
Andrea Pashley is a Collaborative Lawyer, which enables her to work with you and your former partner and their trained Collaborative Lawyer to find a solution without going to court.
The Collaborative Law process allows direct discussion between both parties and their Collaborative Lawyers working together in the same room, face to face. It allows you to have the benefit of having your own Independent Legal Advisor, without the threat of Court proceedings.
Often, if children are involved, this process helps your children cope better with the separation, knowing you are working together with your partner to work things out. It will hopefully help ease the emotional pain of a family separation, which can mean they remain amicable and hopefully friends in the future.
The process begins with your lawyer and your partner's lawyer arranging a first meeting. This is known as the First Four-Way Meeting.
At that meeting, the Lawyers work together to ensure both you and your partner understand fully the commitment to the process, which, if agreed, will result in a Participation Agreement being signed by you all to this effect.
A further Four Way Meeting will then be arranged to deal with the finances from the information you each must disclose, so the Lawyers can begin to consider a fair way of sharing those assets. Discussions may also take place regarding the children and any issues relating to them.
Once an agreement as to the sharing of the assets has been reached or regarding arrangements for the children, a Final Meeting will take place to allow the signing of all documented agreements and discuss how to implement that agreement.
If you are interested in the Collaborative Law process, please contact the team and specify this within your request for this to be passed to Mrs Pashley.
If you would like to discuss a potential matter or would like any further information, then please contact one of our team using the details shown on this page.
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Andrea Pashley
Notary Public, Senior Director and Head of Family
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Catherine Coddington
Family Solicitor
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Olivia Hall
Assistant Solicitor in the Family Team
