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Navigating Family Law: Expert Advice on Divorce, Custody, and More

Posted on 1 May at 7:11 pm
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Family matters are often the most emotionally charged legal issues anyone can face. Whether you’re contemplating divorce, navigating child custody arrangements, or seeking advice on financial settlements, the road ahead can feel overwhelming. At Currington & Co Solicitors, based in Leeds, we understand that no two families are alike — and neither are the challenges they face.

In this guide, we’ll walk you through key areas of family law in England and Wales, offering expert insights to help you make informed decisions and avoid common pitfalls.

Understanding Divorce: More Than Just a Piece of Paper

Divorce is never just about ending a marriage. It involves untangling lives that have been intertwined emotionally, financially, and often as parents.

In England and Wales, the introduction of no-fault divorce in April 2022 marked a significant shift. Now, couples can end their marriage without having to assign blame or cite specific reasons such as adultery or unreasonable behaviour. Instead, a simple statement that the marriage has irretrievably broken down is enough.

While this reform has streamlined the legal process, it’s crucial to understand that divorce is only one part of the bigger picture. The divorce itself does not resolve financial matters, property division, or child arrangements. These issues require separate attention, often with the guidance of an experienced solicitor.

At Currington & Co, we guide clients through both the legal mechanics and the emotional realities of divorce, helping them move forward with clarity and confidence.

Financial Settlements: Protecting Your Future

One of the most contentious aspects of divorce is dividing finances. This can include property, savings, pensions, and even business interests.

The court’s guiding principle is fairness — but fairness doesn’t necessarily mean an equal split. Factors such as the length of the marriage, the contributions each spouse has made (both financial and non-financial), future earning capacity, and the needs of any children all play a role in determining what’s fair.

Here’s what you should know:

  • Consent orders: If you and your former partner can agree on a financial settlement, it’s vital to formalise this in a consent order approved by the court. Without it, claims can potentially be made years later.

  • Disclosure: Both parties are required to provide full and frank disclosure of their financial positions. Hiding assets or failing to disclose income can lead to costly legal disputes.

  • Pension sharing: Pensions are often one of the largest assets in a marriage, yet many people overlook them in settlement discussions. We ensure pensions are properly valued and considered alongside other assets.

Our team at Currington & Co brings expert negotiation and drafting skills to ensure your financial settlement is robust, fair, and legally binding.

Child Custody and Arrangements: Putting Children First

For parents, the wellbeing of their children is usually the top priority — and rightly so. The law takes the same approach.

In England and Wales, the term “custody” has been replaced with child arrangements. These cover:

  • Where the child will live (formerly called residence)

  • How much time the child spends with each parent (formerly called contact)

The starting point is that it’s usually in the best interests of the child to have a meaningful relationship with both parents, unless there’s a risk of harm. Courts strongly encourage parents to reach an agreement themselves, without resorting to litigation.

If you and your co-parent can’t agree, mediation is often the next step. Only when all other avenues have been exhausted should you apply to the court for a child arrangements order.

At Currington & Co, we advocate for solutions that prioritise the child’s welfare, aiming to reduce conflict and support cooperative parenting wherever possible. We also provide strong representation when court proceedings become necessary, ensuring your voice is heard and your child’s best interests are protected.

Domestic Abuse: Protecting Yourself and Your Loved Ones

Sadly, not all relationships end amicably. Domestic abuse — whether physical, emotional, psychological, sexual, or financial — is a serious issue that requires immediate legal support.

We help clients obtain:

  • Non-molestation orders: Court orders to prevent an abuser from using or threatening violence, harassment, or intimidation.

  • Occupation orders: Orders determining who can live in the family home, sometimes requiring an abuser to leave the property.

If you are experiencing domestic abuse, it’s essential to seek help immediately. Our solicitors handle these sensitive matters with urgency, discretion, and compassion, working alongside support organisations to ensure your safety and wellbeing.

Prenuptial and Postnuptial Agreements: Planning Ahead

While no one likes to think about a relationship ending, prenuptial (before marriage) and postnuptial (after marriage) agreements are increasingly common, particularly where one or both partners bring significant assets into the relationship.

Though not automatically legally binding in England and Wales, courts increasingly give weight to these agreements — provided they are entered into freely, with full disclosure, and each party has had independent legal advice.

At Currington & Co, we help draft clear, fair agreements that reflect your intentions and stand the best chance of being upheld by the court if ever needed.

Cohabitation and Unmarried Couples: Dispelling the Myths

There’s a persistent myth in England and Wales that couples who live together for a certain period acquire “common law marriage” rights. This is simply not true.

Unmarried couples have no automatic right to a share of each other’s property or finances when they separate, regardless of how long they’ve been together. This can leave people — especially those who have sacrificed careers or contributed to a partner’s property — vulnerable.

We advise unmarried couples on:

  • Cohabitation agreements: Setting out how finances, property, and responsibilities will be managed both during the relationship and if it ends.

  • Property disputes: Resolving disagreements over ownership or contributions to a shared home.

Our team ensures that your rights and contributions are recognised, even in the absence of legal marital status.

The Importance of Expert Legal Advice

Family law is highly nuanced. Every situation is unique, and outcomes depend not only on the facts but also on how they are presented and negotiated.

At Currington & Co Solicitors in Leeds, we combine deep expertise with a compassionate, client-focused approach. Our role is not just to advise on the law but to support you through what can be one of the most challenging periods of your life.

Whether you need advice on:
✅ Divorce or separation
✅ Financial settlements
✅ Child arrangements
✅ Domestic abuse protection
✅ Prenuptial or postnuptial agreements
✅ Cohabitation disputes

—we’re here to help.

Frequently Asked Questions

1. How long does a divorce take?
Typically, a straightforward no-fault divorce takes around six to eight months from start to finish. However, complex financial or child arrangements can extend the timeline.

2. Do I have to go to court for child arrangements?
Not necessarily. Many parents resolve arrangements through negotiation or mediation. Court should be the last resort if other methods fail.

3. Can I change a financial settlement after divorce?
In most cases, once a financial order is made, it’s final. However, there are limited circumstances — such as fraud or a significant change in circumstances — where you may be able to apply for a variation.

4. What if my ex-partner refuses to follow the child arrangements order?
You can apply to the court to enforce the order. Our solicitors can guide you through this process to ensure compliance.

Contact Currington & Co Solicitors

Navigating family law isn’t something you should have to face alone. With decades of experience, Currington & Co Solicitors is proud to serve clients across Leeds and West Yorkshire, offering expert advice tailored to your personal situation.

If you need guidance on any aspect of family law, please don’t hesitate to contact us. Our team is here to listen, advise, and help you secure the best possible outcome for you and your family.

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