Family & Matrimonial

Family Mediation in West Yorkshire

If you are having difficulty agreeing child arrangements, you could consider attending Mediation

Mediation is a process of direct negotiation between you and a former partner with the assistance of a trained mediator. It is now a requirement before you can issue court proceedings (subject to certain exemptions) that you first attend mediation and information and assessment meeting. If you are unable to resolve arrangements by agreement you can issue court proceedings. These are dealt with under the Children Act 1989 and the Children and Families Act 2014.

It is made clear that it is considered that the involvement of both parents in a child's life either directly or indirectly will further the child's welfare provided that can be done in a way which does not place the child at risk of harm.

Further details about children's matters can be found in our step-by-step guide to Family Law.

Book your free family law consultation now

Our experienced children law solicitors in Bradford and North Leeds offer a free initial 30 minutes appointment, helping you to get an opinion on your case. Call us now to book.

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Bradford 01274 728 327 Bingley 01274 562 322 Yeadon 0800 998 1155

Domestic Abuse Legal Help

Many people, both men and women, find themselves in abusive relationships. If they require domestic abuse protection from the courts, they potentially have two courses of action:

1) Involve the Police.

If a prosecution is felt appropriate the assailant may find themselves guilty of a criminal offence which in turn allows the criminal courts to make a Restraining Order in favour of the victim.

2) Alternatively, the victim can make an application to the Family Court for protection.

The Family Court can make two orders:

a) Non-Molestation Order

This is an order to prevent further incidents of abuse. The wording can be wide ranging but will usually stipulate the assailant cannot use or threaten violence against the victim, cannot pester, harass or intimidate the victim and cannot contact the victim in any way. Breach of a Non-molestation Order is itself a criminal offence and is punishable by way of a prison sentence up to a maximum of 5 years. Our Bradford family law solicitors can assist you with the construction of a non-molestation order.

b) Occupation Order

The Family Court also has the power to order people to leave their own homes and having done so not to return to them. This includes putting an exclusion zone around the property. Most people have the legal right to occupy the property they live in.

The criminal courts do not have the jurisdiction to order people to leave their own homes – only Family Courts do. Whilst criminal courts can impose bail conditions whilst cases are ongoing, this ends once the case has concluded and victims can then find themselves without protection. A Power of Arrest can be attached which means the Police have to arrest someone if they have reasonable grounds for believing the order has been breached.

Public funding from the Legal Aid Agency is available for legal representation to apply for either Non-Molestation Order or Occupation Order. 

Although there have been large cuts in public funding for many areas of family law, the Legal Aid Agency have ensured it is still available for the most vulnerable in society namely the victims of domestic abuse. Anyone seeking protection through the Family Court should first obtain legal advice from a solicitor before issuing proceedings to establish if representation is available through public funding.

Whether you need a family law solicitor in Bingley, Yeadon, or Bradford – we have you covered.

Our experienced family solicitors in Bradford and North Leeds offer a free initial half hour appointment, helping you to get an expert opinion on your case. Call us now to book.

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Bradford 01274 728 327 Bingley 01274 562 322 Yeadon 0800 998 1155

Divorce, Finances and Property

Dealing with separating your finances, including property, after a marriage breakdown can be daunting. It is important before any settlement is reached to make sure both parties have a full picture of what the financial situation is, after all, how can you decide how to share the assets if you don't know what they are?

Both of you have an obligation to provide full details of your income, outgoings, savings, investments including pensions and debts to the other party. This is often referred to as "full and frank disclosure". "Financial remedy" is the term given to an application to deal with finances after a marriage breakdown. It is also sometimes referred to under its old name of "Ancillary Relief".

Whether you need divorce solicitors in Yeadon, Bradford or North Leeds – Eatons will provide you with the best service.

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Bradford 01274 728 327 Bingley 01274 562 322 Yeadon 0800 998 1155

A Tailored Approach to Financial Divorce Settlements

Each case is different and although there are some situations where simply dividing the assets equally between you is appropriate there are many situations where it is not. There are many factors which can mean sharing the assets equally is not fair. This may occur when one party earns a lot more than the other or when one party has brought significant capital into the marriage.

As each case is different, our divorce solicitors in Bradford and North Leeds offer a tailored approach to financial settlements after divorce, ensuring that you are guided through the entire process by our expert team. Further details about financial claims can be found in our guide to Family Law.

Contact us now to arrange your free initial half hour appointment with our divorce specialists in Bradford and North Leeds.

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Bradford 01274 728 327 Bingley 01274 562 322 Yeadon 0800 998 1155

Procedures for Divorce

New "No-Fault" Divorce Laws

On 6 April 2022 major changes were implemented regarding the legislation on divorce. Eatons solicitors have accommodated these new "No Fault" Divorce changes and our specialist divorce solicitors in Yeadon, Bradford and Bingley are well equipped to assist you with divorce proceedings throughout West Yorkshire.

Getting a divorce is a straightforward process in the majority of cases. Particularly since the introduction of No Fault Divorce on 6th April 2022.

To obtain a divorce you have to have been married for 12 months and prove the marriage has irretrievably broken down.

An Application for a Divorce Order is completed with details of the marriage, parties and what the basis proceedings can take place in this country. It also asks you to provide a Statement that the marriage has irretrievably broken down.

The papers are issued through Court and sent by Court to the Respondent.

Once 20 weeks have passed from the issue of the Application for a Divorce Order you can request the Court issue a Conditional Divorce Order.

Six weeks and a day after a Conditional Divorce Order is issued a request can be made for a Final Divorce Order which ends the marriage.

More detailed information about divorce is contained in our step-by-step guide to family law.

Divorce Proceedings After 6 April 2022

After 6 April 2022, the new 'no-fault divorce' was introduced, meaning that the requirement to provide one of the five grounds for divorce was removed. Now, divorces can be granted without blaming the other party – this has been the biggest upheaval in divorce law since 1969. As well as this, divorce related terminology has now been changed. The 'decree nisi' is now referred to as a 'conditional order' and the 'decree absolute' is now referred to as the 'final order'.

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Bradford 01274 728 327 Bingley 01274 562 322 Yeadon 0800 998 1155