What Can Family Solicitors Do For You?
Family law covers the most private areas of life; Separation, children, domestic abuse, finances after a relationship ends. Getting things wrong in any of these areas has real consequences, which is why knowing when and how to get legal help matters.
Family solicitors are qualified legal professionals who advise you, manage your case, negotiate on your behalf and represent you in court where needed. This guide covers the main areas they work in and when it makes sense to get in touch.
What Are Family Solicitors?
Family solicitors specialise in matters that fall under family law, from marriage, divorce and child arrangements through to domestic abuse and financial settlements. It is worth knowing the difference between a solicitor and a barrister. Your solicitor advises you and manages your case. A barrister, where needed, represents you in court. In many family law cases your solicitor handles everything from start to finish.
Divorce and Separation Solicitors
Divorce is one of the most common reasons people seek legal advice. Since April 2022, England and Wales has a no-fault divorce process under the Divorce, Dissolution and Separation Act 2020, meaning either party can apply without attributing blame. The minimum time for a divorce to finalise is around six months, though financial arrangements often extend this.
A financial consent order, approved by the court, is essential. Without one, either party can make future financial claims against the other regardless of any informal agreement reached.
Family Solicitors for Child Arrangements and Custody
English law no longer uses the term child custody. Under the Children Act 1989, the focus is on child arrangements, who a child lives with and who they spend time with, with the child’s welfare as the only legal test.
Before most court applications, parents must attend a Mediation Information and Assessment Meeting, known as a MIAM. Family solicitors advise on parental responsibility, what a court is likely to consider and how to approach the process before communication breaks down.
Domestic Abuse Solicitors
Where domestic abuse is involved, family solicitors can apply urgently for a non-molestation order, preventing contact, or an occupation order, requiring the abuser to leave the home. Both can be granted the same day in urgent cases. Breaching a non-molestation order is a criminal offence.
Legal aid remains available for domestic abuse cases where evidence is provided, regardless of the 2013 cuts to legal aid more broadly. The team at Broadbents Solicitors can advise on eligibility.
Financial Settlements and Cohabitation Services
For married couples, financial settlements cover property, savings, pensions and income. Courts have wide discretion and do not simply divide assets equally, which catches many people off guard.
For unmarried couples, common law marriage does not exist in England and Wales. If a cohabiting couple separates, financial claims over shared property can be complex and expensive. Family solicitors can also draft cohabitation agreements for couples who want to protect their financial position before any dispute arises.
Family Mediation
Mediation involves a neutral third party helping both sides reach agreement outside of court. It is usually faster and significantly cheaper than contested proceedings. Since 2014, attending a MIAM is a legal requirement before most family court applications.
Family solicitors provide legal advice around mediation so that any agreement reflects what a court would realistically order, rather than something one party later regrets accepting.
Family Solicitors for Fathers
Courts in England and Wales do not favour mothers over fathers. The child’s welfare is the only test. But parental responsibility can be a practical issue for unmarried fathers. If not named on the birth certificate, or if the child was born before December 2003, a father may need to take legal steps to obtain it. Family solicitors can advise on establishing parental responsibility and building a record of involvement that supports a father’s position.
When Should You Contact Family Solicitors?
Most people wait too long. By the time they make contact, disputes have escalated and positions have hardened. Early advice, even just a conversation, gives you a clearer picture before things become harder to resolve.
At Broadbents Solicitors in Derbyshire, the family law team covers everything from initial advice to court representation. Contact the team at your nearest branch in Heanor or Alfreton, or use the contact form.
