Elliot Mather is please to support:

Family Law

The breakdown of any relationship is a difficult and distressing time for all concerned. If we are not trying to find ways to save the relationship, we will be looking for the quickest, most amicable resolution. Often, our greatest concern is for any children involved – for their welfare during and after the separation.

For further information contact:

Chesterfield (01246 231 288)

Mansfield (01623 655 666)
Rob Anderton

How we can help

We at Elliot Mather will assist you with expert and sympathetic advice on all kinds if family matters. As members of the Family Law team we are experienced and reputable in dealing with and advising on all aspects of family law and relationship breakdown. As members of “Resolution” (formerly the Solicitors’ Family Law Association), we are committed to resolving all issues relating to your case to your best advantage, but as swiftly and with as little confrontation as possible. This is an approach that will help limit the damage to you and your family, emotionally and financially and we offer expertise in collaborative law, an emerging practice that avoids the need to refer your case to the courts to decide matters.

We will advise and guide you on all of the following matters:

Pre-nuptial, pre-Civil Partnership and pre-cohabitation agreements: Many people choose to protect themselves against the possibility of a relationship breakdown with these agreements, sometimes because it represents a sensible, precautionary measure and sometimes because they know through previous relationship breakdowns of the value of protecting their property and assets. We can advise on, negotiate and prepare any of these agreements for you.

Cohabitation: Many people choose to live together without getting married. In the event of such a relationship breaking down, the law relating to the division of assets is very different from the law applying to married couples, or those in a registered Civil Partnership, and is generally less flexible. In particular, there is no such thing as a “common law marriage” that would give either party to the relationship any greater rights in the event of the relationship breaking down. We can advise you about where you stand in relation to financial and property matters in the event that your unmarried relationship breaks down.

Civil Partnerships: From the beginning of December 2005, the law has allowed same-sex couples to register Civil Partnerships. They are different to marriage but do have legal implications, particularly in terms of the division of assets if the relationship ends. We can advise on what the partnerships mean, and the steps you can take to protect your interests should the relationship end.

Separation and divorce: We can advise you as to the best way for you to proceed if you feel that your marriage has broken down. You do have options, even at this stage, from informal separation to divorce, so it is worth making a fully informed decision with our help on the legal implications of each on you and your future.

Children: Whether you are married, cohabiting or in a Civil Partnership, the innocent victims of a relationship breakdown will be the dependent children of that relationship. Who will the children live once you and your partner have separated? What contact will there be between the children and the other parent? Particularly where the parents are not married to each other, what rights or responsibilities does each of the parents have towards their children, especially concerning the important issues affecting the children’s upbringing? We can advise you on all of these matters and, more importantly, on how you can resolve any issues that may arise with your partner with regards to your children and their upbringing.

Children and Social Services: Regrettably, some parents may find themselves in dispute with Social Services about the way in which they are looking after their children. In some cases, Social Services may even want to take their children into Local Authority care, a distressing situation for any parent. At Elliot Mather we have two solicitors who are members of the Law Society’s Children Panel, which recognises their expertise in this area of law. Membership of the Children Panel allows them to represent both parents and children in Care Proceedings. We are in a position, therefore, to fully advise you at all stages of any dispute with Social Services. We can support you at any Child Protection Case Conference called in respect of your children. We can represent you in any Court Proceedings brought by the Local Authority seeking an order for your children to be taken into care (and in such cases legal aid is automatically available, without financial contribution, to parents of children who are the subject of Care Proceedings).

Financial matters: when relationships break down our primary concern is usually our emotional wellbeing, but once it is easier to bear, our thoughts can turn to financial matters. We can advise and help you to come to a settlement that suits you and your needs, concerning maintenance, the family home, liquid assets and pensions.

Domestic Violence: If domestic violence has affected you, whether you have been the victim of domestic violence or have been accused of it, we can advise you of your legal position and represent your best interests. If you have been the victim of domestic violence, we can advise you about applying to the court for an order to protect you from further domestic violence. We can also put you in touch with relevant support services (such as counsellors or refuges). If you have been accused of domestic violence and face an application to Court for a Non-Molestation Order, we can advise you of your options and represent you in Court.

Child Support Agency: the CSA is the body that manages the payment of child maintenance if a settlement cannot be reached between parents following their separation. Whether you are making a claim, or you have received a claim and wish to contest it, we can help clarify and guide you through your legal position.

Collaborative Law – could it work for you?

Collaborative Law is a new way of dealing with relationship and family breakdowns that aims to make the process smoother, less stressful and more fruitful. You and your former partner work with your solicitors to discuss and negotiate arrangements face to face to reach a positive solution that will suit both your needs. This process sometimes involves other experts such as family consultants and financial advisors. Both you and your former partner must have a genuine desire to make it work and a willingness to disclose information fully and honestly during the collaborative process.

During Collaborative Law negotiations, neither party will face court proceedings. Collaborative lawyers sign an agreement with you which disqualifies them from representing you in court if the collaborative process breaks down. People choose Collaborative Law because it avoids the trauma and uncertainties of the court system and respects the individuality of each case. It tends to be much more positive in the long term, ensuring that you and your former partner remain on good terms and giving you an arrangement that can adapt to your future needs.

Collaborative Law is a developing practice and we are privileged to have a qualified Collaborative Law solicitor with us at Elliot Mather. It is an option that we advocate and we would be more than happy to discuss the potential that Collaborative Law has to resolve your situation.