Services > Family, Home & Personal Law Services

Family issues

Providing legal advice on family matters requires tact and empathy. Our team of lawyers, 3 of whom are accredited Family or Child Panel Solicitors take time and care in dealing with the issues you may face, discussing your circumstances thoroughly with you before explaining the options available, in the strictest confidence.

Collaborative Family Law
The end of a relationship is a difficult time for everyone in the family. Emotions usually run high at a time when important decisions need to be made about finance, property and children.

The solution to these issues is traditionally found through the court process.

Our long experience of advising on marriage breakdown and divorce (and more recently civil partnerships) confirms the view of many of our clients. They say that they feel that the court process itself is adversarial and that it can lead to unnecessary stress and increased bitterness and hostility. 

At court the judge is responsible for making decisions and the time taken to resolve the issues is dictated by the court timetable. The couple involved may feel that they have lost control of their own lives and finances.

Some people prefer the court to make the decisions for them and sometimes issuing court proceedings is the only way to resolve disagreements. But generally we find that most clients are happier with decisions with which they can agree and for which they can take responsibility.

This is why we offer the alternative approach: Collaborative Family Law. When using this approach the parties agree formally that they will resolve the issues by collaboration rather than going to court. Both parties have a legal adviser who specialises in collaborative family law. This means that they each have independent legal advice and equal voices in the negotiations.

Julia Saunders is a member of the Derbyshire collaborative family law group; an organisation committed to delivering this alternative approach in Derbyshire.

Julia is an expert in legal problems relating to financial settlements ancillary to separation, divorce and civil partnership dissolution. Julia and her team have a great deal of experience of resolving legal issues relating to matrimonial property including businesses and pensions. Our aim continues to be to provide both our business and private clients with an excellent, cost effective, local and friendly legal service.

Julia can be contacted by email at js@moodyandwoolley.co.uk or by telephone on 01332 344221.

For more information about collaborative law please use the link www.derbyshirefcl.co.uk

Separation and divorce
Deciding that a relationship has irretrievably broken down and that 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, while ensuring the interests and well-being of clients and especially their children, are carefully considered.

It is not always necessary to proceed to Court to resolve matters and when appropriate, we will try to help clients reach agreement through discussion and mediation. We can provide access to an independent mediator where this solution may offer a viable alternative.

If the relationship has reached a point where separation or divorce is the only way forward we will provide guidance and support in preparing the petition for divorce and assisting with any settlement for financial and personal matters. If the situation arises we can also represent clients in court and deal with any litigation throughout the process.

We also provide advice on the termination of registered Civil Partnerships.

Unmarried couples disputes
The 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. We appreciate the difficulties that can arise from this situation and work with you to try and resolve matters as quickly as possible.

We provide assistance in assessing how joint assets should be fairly divided but if negotiation and discussion does not result in a satisfactory conclusion, we can represent you during Court proceedings, including dealing with any subsequent Order of Sale for your property.

Arrangements for children
Separation, divorce or the breakdown of a relationship for an unmarried couple all have the potential to cause considerable distress for any children involved. 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.

If agreement cannot be reached we can help with preparations to assist the court with any orders that are made. These can cover residence orders, contact orders and prohibited steps orders (which encompass restrictions on a child being removed from their country of residence).

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 provide advice on mediation, reconciliation or, where required, options for criminal prosecution.

Our service also provides advice on personal protection and harassment issues relating to neighbour or associated disputes.

Cohabitation Agreements
Cohabitation Agreements and pre-marital agreements provide certainty for the future by seeking advice now!