Family Department

Stephens & Son LLP is well aware of the problems that can arise from the breakdown of a marriage or relationship. Our lawyers are family specialists and members of ' Resolution ' - first for family law. We have the experience and expertise to deal with your matter effectively and efficiently.

We aim to provide a sympathetic and comprehensive service to all our Clients and to resolve cases in a sensitive, constructive and cost effective way.  We work with you to reduce the emotional and financial hardship that can arise from a breakdown of a relationship helping you to find the best solution.

We will discuss all the options including mediation and the collaborative approach.  We will help you to negotiate a fair and reasonable settlement.  If, however, a Court application is necessary we will assist you throughout explaining fully the process and the costs implications.

The Family Department handles a wide range of cases including pre-marital/cohabitation agreements, divorce and separation, financial arrangements following separation and divorce, residence and contact arrangements for children, rights of unmarried couples and domestic violence.

Separation and divorce

Deciding that a relationship has irretrievably broken down and the only recourse is separation or divorce is a hugely unsettling and upsetting process.  Our experts are there to make the process as pain free as they can, whilst ensuring that the interests and well being of Clients, and especially their children, are carefully considered.

If the relationship has reached a point where divorce is the only way forward we can advise and guide you through the process, drafting the necessary documents and representing Clients in Court if necessary.

If you are unsure about commencing divorce proceedings, we are able to advice you on other options available to you such as Judicial Separation and Separation Agreements.

Financial provision

Settling the financial arrangements is usually far more complex than the divorce itself.  As Resolution members we will ensure that issues relating to the children are dealt with separately from financial matters to try and avoid any disagreement over money and property getting in the way of agreeing arrangements for children.

The Court has a wide discretion in applying the law and therefore it is better to avoid the uncertainty of a Court Hearing.  Most people are able to agree how their finances should be divided with each having the help of a Solicitor to advise on what might be a fair decision, highlighting the options for achieving this, and negotiating on their behalf. 

The starting point must always be a fair and honest disclosure of each person’s assets to ensure that everything is included. 

Mediation can also help couples to reach agreement on key issues, but a Solicitor will be needed to advise on the implications of any agreement and convert it into an order recognised and enforceable by the Courts.  If there are no divorce proceedings it is possible to separate but still deal with the financial and other implications and we can advise you fully regarding this.

Unmarried couples

A Breakdown of any relationship is difficult and to some degree this can be even harder for unmarried couples as there are often very complex  financial problems to be resolved.  There is no such thing as a common law marriage and co-habitees have very few rights that arise from the relationship. 

The law is very different from that concerning the breakdown of a marriage.  It is a complex area of law.  If negotiation and discussion does not result in a satisfactory conclusion, we can represent you during Court proceedings, including dealing with any subsequent order for the sale of your property.

Arrangements for children

Separation, divorce or the breakdown of a relationship of an unmarried couple all have potential to cause considerable distress to any children involved.  It is important to make sure that the process of separation or divorce does not prevent couples from co-operating in what is best for their children.  Wherever possible we help negotiate arrangements that not only meet the needs of the children but also provide both parents with the means to adjust to their new situation, without undue disturbance. 

We are able to give you impartial advice about where a child should live, visiting arrangements and communication between parents.  Often the Court will not be involved as the Courts work on a principle of non intervention, and normally only become involved if the parents are unable to agree on any important aspect of their child’s upbringing.  If it is necessary for there to be any applications to the Court then we can assist with this process.

Domestic violence

Cases involving domestic violence can be highly emotive and require particularly sensitive handling as Clients may have endured many years of abuse. We take this area very seriously and will deal with these issues urgently on your behalf and if necessary can assist in making an immediate and urgent application to the Court for suitable protection.

Relationship agreements

If you are about to get married, enter into a Civil Partnership or start cohabiting, a Relationship Agreement can protect both parties.

A Relationship Agreement can help you protect your interests if the relationship comes to an end.  The process can also help to identify problems that might occur in the future. 

The law relating to couples that live together without marrying is very different to the law that relates to couples that marry.  Co-habitation Agreements are therefore important in this situation.

Pre-marital Contracts are not enforceable in England and Wales but can be taken into account and are becoming increasingly influential in Court decisions.

Alternatives to court

Many people going through a divorce or separation would rather avoid going to Court if possible.  We can discuss the other options available such as mediation or the collaborative approach. Collaborative lawyers work with you, your partner and your partner’s lawyer in a series of face to face negotiations to help solve family disputes.

Costs

We appreciate that costs can be a concern and therefore we offer a fixed fee initial meeting to discuss your individual situation.  We can also discuss flexible payment terms. We will try and help you reach a just outcome as quickly and cost-effectively as possible.

Please contact Deborah Nicholson or Kevin Gladwell.

dan@stephens-son.co.uk or kg@stephens-son.co.uk