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Divorce and Separation Agreements Solicitors

When a marriage or relationship breaks up, it can be physically and emotionally draining.

There will often many factors to consider, from how to manage or divide property and savings to who will be responsible for paying bills and mortgage payments going forwards.

Finally, if you have children, then childcare arrangements will need to be put in place and agreed upon.

A divorce or separation agreement helps put these agreements in place in a legal way.

 

 

What is the difference between a Separation Agreement and Divorce?

When a marriage or civil partnership breaks down, you do not have to have a divorce either immediately or indefinitely.

Reasons for not getting a divorce may be:

 

  • because it is against your religion
  • because you have been married for less than 12 months
  • because of convenience

 

Unlike a divorce, a separation agreement allows you to live apart but remain married. The purpose is to reach a voluntary agreement with your spouse in regards to property, investments and children.

You can incorporate this into a separation agreement or deed of separation to formalise the decisions you have made jointly.

A separation agreement can also be useful to make arrangements before a divorce is finalised.

Meanwhile, a divorce (or dissolution in the case of a civil partnership) marks the legal end of a marriage or civil partnership.

At Rothera Bray our focus is on listening to you and the outcomes you want to achieve from the process. You will receive advice and support from a member of our family law solicitors who specialises in your situation.

Whether you are married, in a civil partnership or cohabiting we can help you.

 

 

Is a Separation Agreement legally binding?

Separation Agreements are legal contracts between both spouses. However, this does not mean they are technically legally binding.

As a result, this means that they are not easy to enforce. However, it is useful to note that separation agreements that have been drawn up correctly and fairly have upheld in court proceedings when challenged.

A Separation Agreement is a contract that both spouses enter voluntarily. The courts have no decision on the outcome of them. The purpose is to set forth the arrangement of property, investments and children.

For example, who pay the mortgage/rent and bills. Who has access to the children and when. And what happens to any shared assets in a marriage such as a house or car.

Whilst they are not technically legally binding, they are legal contracts. If the agreement has been negotiated fairly and written correctly, it could be enforced by the courts.

At Rothera Bray, our divorce lawyers can help draw up and negotiate a separation agreement.

 

 

Do I need a solicitor for a divorce?

You do not need to use a solicitor for a divorce. These are generally called DIY divorces.

However, it is advisable to at least seek legal advice even when applying for a divorce without a solicitor. This will add some assurance that you are completing the process legally so that you do not waste time and money.

Typically, DIY divorces are a good solution when the breakdown of the marriage is amicable and uncomplicated between both spouses.

On the other hand, if during the course of your marriage you acquired large assets or investments (such as property like a family home), or the marriage resulted in children then seeking a solicitor would be advised, even if the breakdown of the marriage is amicable.

This is because sharing up of assets, and deciding the responsibilities for any children, can have a big impact on both spouses future. It is important that this is negotiated fairly.

 

 

Can I get legal aid for a divorce?

Legal aid is no longer an option for most areas of family law in England or Wales. The only exception for this is in cases of domestic abuse, financial abuse, violence or child abduction.

However, means-tested legal aid can be available for Mediation sessions.

If you think you may be entitled to legal aid for a divorce, contact our family lawyers who will be able to advise based on your circumstances. It may be the case that you will have to provide evidence to support your claim for legal aid.

 

 

Why choose Rothera Bray for Divorce and Separation Agreements?

Where possible we will suggest alternative dispute resolution methods such as collaborative law, mediation, negotiation or arbitration. This is so an agreement is reached which avoids any litigation costs by going to court.

Where court is unavoidable, we will be on hand throughout to support and guide you through the process.

If specialist advice on tax, trusts, pensions and property is required, we can help you.

Our family law team includes members of Resolution and a fully qualified collaborative law solicitor. We are also Law Society Children Panel members.

We can assist in negotiating child arrangements after a divorce or separation.

We can assist with injunctions such as non-molestation orders and occupation orders in cases of domestic violence.

We can also advise on any business or commercial issues that may arise from divorce or separation.

 

 

Areas of Family Law Rothera Bray can help in:

Contact our Family Law Team

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Paul Cobb

“We handle clients with sensitivity and understanding throughout”

Paul Cobb
Head of Family Law

If you’re happy then we’re happy too.

4.8 358 reviews

Posted 27/01/2020

Rothera Sharp Solicitors’ ‘skilled’ team handles personal injury claims including public liability, accidents at work and road traffic accidents often involving – among others – children and foreign nationals. Recent work included settling a claim for a pedestrian involved in a road traffic accident, acting for a child claimant following a hand injury sustained at a playground and representing a claimant in a public liability claim pertaining to fractures sustained on a slippery floor. Elisabeth Halls combines ‘good judgement with the right amount of scepticism and has a proven ability to optimise outcomes for claimants.

Legal 500, 2017

Posted 27/01/2020

I cannot thank you enough for all you have done for me. I don't know whether you can truly appreciate how incredibly important the success of this matter is to me. I couldn't have done this without you, and there just aren't the words to express my gratitude to you for all this. You have enabled me to have a peace of mind and you just can't put a price on that. Please tell Rebecca how absolutely thrilled to bits I am with the work you have done for me, which is beyond priceless and for which I will be forever grateful

Mediation Client

Posted 27/01/2020

I want to say a massive thank you for all your hard work….I will never forget how you were prepared to believe in me….you energetically pursued my case to achieve the best possible outcome

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Posted 27/01/2020

My previous dealings with Rothera Bray have always been excellent-total efficiency and professional. Jayne Smith previously and now Emily Weston. I would always use Rothera Bray as my solicitors. Thank you.

David Armstrong

Posted 12/08/2020

I would highly recommend James Briggs, solicitor at Rothera Bray. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.

Yvonne Gold

Posted 30/09/2020

We are in the middle of launching our own packaging agency and contacted Rothera Bray for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rothera Bray.

Tom Burden, Director of Rightbox Ltd

Posted 30/09/2020

Billy understood our requirement from the get go and really nailed down on what we needed in our commercial agency agreement. Billy kept us informed every step of the way and showed great professionalism. We would recommend his services to any start-up business who is in need of legal advice and guidance with commercial contracts.

Axl Barber, Sales Director of Rightbox Ltd

Posted 11/02/2021

I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.

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Posted 07/06/2021

Dear Sally, I can’t thank you enough for today! You took the pressure off me and I felt so looked after and understood everything that was happening. Thank you so much!

Kelly Neave

Posted 07/06/2021

My experience with Rothera Bray was an easy and smooth process, regarding a settlement agreement with a previous employer. They helped me understand all the legal jargon and details and made it very clear what the agreement was asking of me and what they would provide in return without it seeming complicated. They were prompt and resolved any issues or queries I had and I found them to be friendly and professional. I would definitely recommend Rothera Bray to anyone seeking legal advice, even if you've had no experience with a solicitor before, as they're very welcoming and help you to understand everything.

E. Jackson

Posted 06/07/2021

Thank you for all your hard work, which paid off in the end. As well, thank you for your amazing service and support you provided for me all the way through. It was pleasure to work with you and I wish you all the best.

Patrik Fresko

Posted 27/09/2021

I recently had the good fortune to engage Rothera Bray for a company sale. From start to finish, Sandeesh Samra and the team were on hand to give practical and professional advice.

Alison Purchas

Contact our Family Law Team

Our Divorce Law Team

Ann-Marie Bowman

a.bowman@rotherabray.co.uk

Ann-Marie Bowman is Partner and Chairwoman of Nottingham based law firm Rothera Bray. Working from our Lace Market and Derby offices, Ann-Marie remains highly committed to her fee-earning work in Family law, dealing with all aspects of children matters.

David Berridge

d.berridge@rotherabray.co.uk

David has over 30 years’ experience practicing Family Law. He is one of the most experienced family solicitors in Leicestershire and deals with a wide variety of matters.

Paul Cobb

Paul Cobb

p.cobb@rotherabray.co.uk

Paul Cobb is Head of the Family department and is a family and matrimonial solicitor, specialising in collaborative law, at Rothera Bray’s Lace Market and Derby branches.

Rebecca Emeleus

Rebecca Emeleus

r.emeleus@rotherabray.co.uk

Rebecca is a Partner in the family team and is based at our Kayes walk, Nottingham office.

Sarah Gill

s.gill@rotherabray.co.uk

Sarah is an experienced matrimonial and family law solicitor, dealing with children matters including Child Care, Financial issues following separation of married couples and divorce.  She undertakes court work in Leicestershire, Northamptonshire & Warwickshire.

Joanne Millward

Joanne Millward

j.millward@rotherabray.co.uk

Joanne Millward is a Family Law solicitor with over 30 years’ experience dealing in all areas of Family Law in our Lace Market, Beeston and Mapperley offices.

 

Sallie Clarke

s.clarke@rotherabray.co.uk

Sallie Clarke is a Consultant in Rothera Bray’s Child Care department.

Rebecca Lister

Rebecca Lister

r.lister@rotherabray.co.uk

Rebecca Lister is an Associate Solicitor in our Lace Market and Derby offices. She works within our Family Department and specialises in domestic abuse, children and child care proceedings, taking instructions from both parents and children alike.

Emma Adcock

Emma Adcock

e.adcock@rotherabray.co.uk

Emma Adcock is a Solicitor with over 20 years’ experience across a wide range of family law matters arising from relationship breakdown.  Working from our West Bridgford Office, she has significant experience in divorce and the accompanying financial settlements.

Jasmine Jackson

Jasmine Jackson

j.jackson@rotherabray.co.uk

Jasmine Jackson is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Lace Market and Derby offices.

Charley Kelly

c.kelly@rotherabray.co.uk

Charley is an experienced Family Solicitor who specialises in all areas of Family law. She acts for clients on a wide range of family issues including divorce, financial remedy and children matters.

Gabriella Kent

Gabriella Kent

g.kent@rotherabray.co.uk

Gabriella Kent is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Lace Market and Derby offices.

Meili Langford

m.langford@rotherabray.co.uk

Meili Langford is a Solicitor in Rothera Bray’s Family Law department, specialising in divorce and matrimonial work. She is based at our Lace Market and Beeston offices.

Christopher Monro

c.monro@rotherabray.co.uk

Chris is an experienced solicitor dealing with most areas of Family and Matrimonial Law and is based at our Market Harborough office.

Emily Sherwood

Emily Sherwood

e.sherwood@rotherabray.co.uk

Emily Sherwood is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Lace Market and Derby offices.

Tom Barry

t.barry@rotherabray.co.uk

Tom is a Trainee Solicitor in our Family Law department and is currently based at our Lace Market office.

Chris Bradshaw

Chris Bradshaw

c.bradshaw@rotherabray.co.uk

Chris specialises in children matters and provides support to Ann-Marie Bowman.

Cindy Dodd

Cindy Dodd

c.dodd@rotherabray.co.uk

Cindy Dodd is a Senior Paralegal in Rothera Bray’s Family Law team and is based at our Lace Market office in Nottingham city centre.

Beccy Rodham

Beccy Rodham

b.rodham@rotherabray.co.uk

Beccy Rodham is a Senior Paralegal in Rothera Bray Family Law department and is based at our Lace Market office.

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