Personal Law > Family

Family Law

Our family law solicitors will provide clear and easy to understand advice to help you to make the decisions that are right for you. We will help you implement those decisions and support you through the process.

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At Foys, we are passionate about seeking the best solutions for your family matters, helping you through difficult times and securing a better future for you and your family.

Foys have a wealth of experience when it comes to family law with offices located in South Yorkshire, North Nottinghamshire and Derbyshire. Our specialist family lawyers aim to achieve an amicable outcome in the most difficult of situations. We understand that each situation is unique, and our expertise can help protect your individual interests in an approachable and sympathetic way. Our family law solicitors will provide clear and easy to understand advice to help you to make the decisions that are right for you. We will help you implement those decisions and support you through the process. Foys are proud to have in our team: - Resolution members and accredited specialists - Adult and children’s representatives on the Law Society Children Panel

The areas of family law that we cover:

Divorce

We know that deciding to end a marriage is a very difficult decision and our team will offer you the benefit of their experience in trying to navigate this stressful time.

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Separation Agreements

If it is proving difficult to remain in your relationship, but you have not decided whether or not to end the marriage completely, a Separation Agreement could provide a temporary solution whilst you make that difficult decision. Whilst you remain separated, Foys can assist in helping you draw up an agreement to outline who would be responsible for specific arrangements such as rent/mortgage payments, debt/loan repayments, how to deal with savings and what to do with shared assets such as furniture and cars. It can also stipulate agreed arrangements for the children of the relationship. We will assess your case individually and give you the best professional advice possible to help you through this tough time.

Financial Settlements

Divorce and financial settlements are two separate matters.

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Children’s Legal Matters

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Civil Partnership Dissolution

Our team of family solicitors will help you through the dissolution process and give you personalised legal advice and support pertaining to your particular situation.

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Prenuptial and Postnuptial Agreements

For couples in the process of getting married, getting divorce does not bear thinking about. However, many couples choose to draw up a prenuptial (also known as a premarital) Agreement in order to outline how assets should be divided in the event of a divorce or separation. Whilst such agreements cannot prevent the court from making a different order in any later dispute, they can be persuasive to the Judge, but only if dealt with appropriately. Both parties must have separate legal advice and provide full disclosure about their personal assets. It is also necessary to have the agreement drawn up and signed well ahead of the marriage, so please do not delay if you are considering this option. We are experienced and well-versed in drawing up such Agreements whilst ensuring that they are tailored to your personal situation. If you decide after marriage that you want to enter into an agreement (postnuptial agreement) it is important that you obtain legal advice as soon as possible.

Cohabitation Agreements for unmarried couples

Similarly, if you are in a committed relationship where you want to live together without entering into a marriage or civil partnership, a Cohabitation Agreement (also known as a Living Together Agreement) may be an option for you to consider. This can be particularly helpful where shared assets and/or children are involved.

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Domestic Violence

Domestic violence within a relationship can be physical, emotional, psychological, financial or sexual in nature.

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Change of Name

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Legal Aid

TESTIMONIAL

I am very grateful for the advice and support I received from From Foys Solicitors. Jayne Kirtley provided clear, professional, and well-considered guidance regarding my divorce proceedings.

FAQ's

Yes, both parties must provide “full and frank” disclosure of all assets, debts and income often utilising Financial Statement in Form E. The requirement to provide “full and frank” disclosure remains in force even if an agreement is reached privately. A failure to provide “full and frank” disclosure could potentially jeopardise any agreement reached between parties.
The Court often begins with a 50/50 split of matrimonial assets although this can vary based on needs, length of marriage and other factors. The Court will also consider whether one party should pay maintenance to the other.
Key factors that the Court will take into account include the financial needs and obligations of each party, standard of living, age, duration of marriage, health and contributions.
The Court can order a sale, a transfer of ownership or allow one party to remain in the family home until a certain pre-defined event occurs (eg, children attaining 18 years of age or finishing education).
A Consent Order which incorporates the terms of settlement agreed by parties can be approved by the Court within a few months. No Consent Order can be approved until a Conditional Divorce Order has been obtained by one of the parties. If terms of settlement cannot be agreed then a case may take 12 to 18 months if not longer to be finally determined by the Court.
A Court application will only need to be made either to secure a Consent Order or an outcome determined by the Court. Unless an application is to be made for a Consent Order then, with limited exceptions, you must attend a mediation information assessment meeting (MIAM) to see if mediation is appropriate before applying to Court.
Intentionally failing to disclose assets can lead to severe penalties including fines, committal to prison for contempt of Court and the setting aside of the Final Order.
A Financial Order that ends all financial ties between spouses including the termination of any future maintenance payments. Should you wish to discuss any of the matters raised above in more detail then please contact a member of the Family Team.

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