Family Law

Family Law in Chesterfield, Sheffield, Dronfield and Mansfield

Family law advice. We are here to help you at a challenging time.

We understand that you may be going through a difficult time but when it comes to Family Law, you need a solicitor that you can trust.

Our team of Family Law Solicitors in Sheffield, Mansfield, Chesterfield and Dronfield can help you sort out all of your legal issues. For more information, call us in confidence on 0330 017 6307.

A family law solicitor can help you with many legal aspects including the handling legal issues such as divorce, separation, child custody and adoption as well as taking care of child custody arrangements, putting prenuptial agreements in place and even taking care of property arrangements.

We know that relationships can be complicated, so here at Banner Jones, we are here to make to things as comfortable and as convenient as possible. For more information, call us in confidence on 0330 017 6307.

What do family law solicitors do?

How can our Family Law Solicitors help?

Before marriage

Before getting married or entering a civil relationship, you can protect your assets and finances by drawing up a prenuptial agreement. This is an agreement made by a couple before they marry concerning the ownership of their respective assets if the marriage or civil relationship should fail. For more details, see our Pre and Post Nuptial Agreements page.

When you are living together

If you are living with a partner and not married, you can also protect your assets and finances by creating a cohabitation agreement. Again, this agreement outlines what each party is entitled to if the relationship should fail. For more information, visit our Cohabitation Law page.

Are you considering a divorce?

If you are married and considering going your separate ways, you may wish to familiarise yourself with the new No Fault divorce process.

The divorce process can be highly emotional and often made more complex by differing financial circumstances. At Banner Jones, our experienced team of Family Law Solicitors have a wealth of experience handling the most complex cases. If you feel you are ready to talk, then contact our team of compassionate family law specialists in confidence on 0344 558 0343 .For more information, see our No Fault Divorce page.

How family law impacts children?

We know that a divorce or separation can have a tremendous impact on children. Our team of Family law solicitors will prioritise safety and ensure that the best possible outcome is reached for your children. For more information, see our family law and children page.

Additional services we offer

Parental Responsibility

If you're married and have children, both parents will have parental responsibility. However, if you're unmarried and have children, the biological father may have limited parental responsibilities. In this case, it is essential to get the right support and legal advice. For more information, contact Banner Jones 0344 558 0343

For more information, visit our parental responsibility page.

Child Arrangement Orders

This arrangement outlines, who the child can see, spent time with and have contact with. This arrangement is often resorted to when either party cannot decide or when foster parents are involved. The Court will always make their decision based on the best interests of the child or children involved. For more information, visit our Child Arrangement Orders page.

Grandparents Rights

As a grandparent, you don't have the right to immediate access to your grandchildren. You need to write to the Courts and request a "Contact Order". In most cases, a "Contact Order" will be granted.

What about any property?

Property and Family Law can be very complicated depending on the situation and the circumstances. Our family law solicitors can help to review your assets and assess who has the legal right to your property.

Our team of compassionate family law specialists have a wealth of experience in property settlement in a divorce or separation situation. Ownership of property can get very complicated and in some cases hostile. Our team can help to resolve this situation and reach an outcome that suits both parties.

Why choose Banner Jones Family Law Solicitors?

Legal 500

Our Family team have been ranked in the Legal 500 yet again for their outstanding work.

Our team of compassionate specialists are here to help you every step of the way.
Since 2013, Banner Jones has been recognised as a leading "UK Legal 500" firm.
We have a team of award-winning family law solicitors with a wealth of experience and offer excellent personal service.
We have specialist teams in Chesterfield, Dronfield, Mansfield and Sheffield.

Want to know more?

Online divorce advice - the pros and cons

Advice on Child Arrangement Orders

FREE DIVORCE GUIDE

Common law marriage - does it exist?

Why children come first in a divorce

Children & Separation Guide

Common Family Law Questions

He's got to keep a roof over our heads hasn't he?

Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.

How soon can I file for a no fault divorce?

You can get divorced in England or Wales if all of the following are true:

you’ve been married for over a year
your relationship has permanently broken down
your marriage is legally recognised in the UK (including same-sex marriage)

What am I entitled to in a no fault divorce?

The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.

Will I lose touch with my children?

Your aim should be that both parents still play an active part in the raising of the child/children. Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this. Going to Court should always be the last resort where children are involved.

Will we have to go to Court during our divorce?

No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.

What is a no fault divorce?

No fault divorce removes the need to prove one of the five facts of divorce (adultery, unreasonable behaviour, desertion of two years, separation of two years with consent to divorce and separation of five years without consent). Instead, only a statement of irretrievable breakdown will be needed.

A couple can file for divorce once they have been married for at least 12 months. There is no need to apportion blame or fault, as was the case under the previous law when parties had not been separated for a period of over 2 years.

Will I need a solicitor for a no fault divorce?

The role of the divorce solicitor will change, but they will still have a role in:

Assisting with the preparation of the divorce paperwork and lodging the same with the Court.
Advising on how finances should be divided on divorce, including things like how the family home will be dealt with, how pensions and other savings and investments might be split and whether there is a requirement for maintenance payments.
Preparing documents, for example, the consent order to create a legally binding financial agreement between the parties.
Advising on entitlements and helping to negotiate. If no agreement can be reached, a solicitor will advise as to the merits of issuing court proceedings and will represent you within these proceedings.
Implementing orders, whether by consent or decided by the court.
Advising and supporting parents who are in dispute to reach arrangements about how they will care for their children.
Preparing cases to be presented to the court and conducting the proceedings where disputes cannot be settled.

This is not an exhaustive list but illustrates that the divorce itself may only be a small part of the legal process of relationship breakdown.

How do I file for a no fault divorce?

To file for a no fault divorce you usually have 3 options:

Use a solicitor to file the paperwork for you
File yourself using the government portal
Use an online divorce service

Remember that this is just to start the divorce part of the process. The parenting and financial arrangements will normally need to be agreed separately to this part.

How long does the no fault divorce process take?

Divorce for most people will take a minimum of 26-weeks or six months, with additional time for the conditional order application to be considered and pronounced. If the couple need more time to complete their divorce, then the law will allow for this.

In exceptional circumstances (such as terminal illness or imminent birth of a child to one of the parties), it may be possible to have this process expedited.

Is a no fault divorce 'cheaper’?

It makes sense that if your separation is less contentious, then the legal costs will be lower, but there are often financial arrangements to sort out as well as dissolving the legal marriage or civil partnership.

With a no-blame culture in place, it is hoped that it will encourage more constructive discussions leading to better, and therefore less expensive, outcomes. However, there is no guarantee that this will necessarily be the case. A no fault divorce financial settlement is the same as any other divorce settlement, and may include maintenance and the division of assets etc.

Do both parties have to agree to a no fault divorce?

It is possible for one party to contest a no fault divorce in the same way that they could contest a traditional divorce. This occurs when the parties cannot agree on the terms of the divorce, i.e. a fair division of money and assets, maintenance, child custody etc. If this occurs, then the case will be put before a judge, unless the couple agree on ADR (alternative dispute resolution) such as mediation.

What is the no fault divorce process?

We will prepare a form called a "divorce petition" to start proceedings. It confirms to the Court that your marriage has irretrievably broken down, that you have decided that your marriage is sadly at an end, and that you are seeking a divorce.
After the requisite 20 week period following the issuing of your petition, we will then prepare a form to confirm to the Court what, if anything, has changed since the divorce proceedings were started.
From the date of the Conditional Order, there is then a further period of 6 weeks and a day which must pass before we are able to prepare your application for the “Final Order”. The Final Order brings your marriage to an end and leaves you free to re-marry.

Can I contest a no fault divorce?

There is now very little you can do to contest an unwanted divorce, unless there have been procedural errors in the application – which is rare.

Why do we need no fault divorce?

As the old process of divorce required one party to divorce the other and provide reasons for their desire to divorce, it was difficult to focus on moving forward without conflict. Old divorce law (prior to 6 April 2022) dates from the 1970s and did not adequately reflect modern society and introduced an unnecessary element of delay or conflict in the divorce process.

Without the need for blame to be apportioned, it is likely that the process will be less upsetting for many, helping children get through a very difficult time. The change in the law will help avoid increased conflict. It will also help the co-parenting that will need to take place even after the marriage has been dissolved.

What happens about parenting and finance arrangements with a no fault divorce?

These are separate areas of your divorce and are not covered under the no fault divorce law. You will need to reach an agreement on how you are going raise your children whilst living separately and also agree on a fair division of your assets and any ongoing payments.

If you are struggling to agree between yourselves, family mediation is the next step as it is a pre-requisite for going to court for a decision in most cases. But there are also other options outside of court if mediation breaks down or is not suitable for your situation.

Can I file for a no fault divorce online?

You can apply for a no fault divorce online via the Government website.

The online process may work for straightforward divorces where you can agree the grounds for divorce between yourselves, where both parties are co-operating with the divorce and where there are no issues over costs and/or children. However, having a solicitor providing legal advice ensures that you are supported throughout the process which can help to reduce the emotional burden. A solicitor can also ensure that the forms are completed correctly so that there are no delays and increased costs incurred by errors made on the forms.

We've divorced amicably and want to sort everything ourselves. What happens if we don't get a consent order for the finances?

If you have managed your own divorce online without legal help, it is worth nothing that you have still not actually finalised your divorce until you have dealt with your financial affairs. Some couples are able to negotiate and agree financial terms amicably, but a consent order is the only way you can ensure that any agreement reached is legally enforceable.

The consent order records the terms of the financial agreement you have reached and legally severs the financial ties between you. Without a consent order from the court, there is the possibility that your ex could make a claim for a share of your assets, property, income or pensions in the future.

Divorce and Children

Thank you for all your hard work and compassion with my matters.
Miss P, Chesterfield

Divorce

You can't begin to imagine how grateful I am to you. You have been matter of fact rather than thinking about the earning potential. You are a lovely women so thank you so so much.
Mrs L, Hasland

Excellent service. I would recommend Banner Jones for very helpful advice.
Mrs B, Berry Hill

Divorce and Family Law

Kelly was brilliant in how she explained things.
Mrs K, Arnold

Shetal Gudgeon was absolutely brillant dealing with my matter and have recommended her to friends going through the same thing. She is friendly and professional and made me feel at ease
Ms W, Chesterfield

Divorce and Family Law

I found the firm generally helpful, polite and a pleasure to deal with.
Mrs W, Stavely

Divorce

Exceptional service at a very reasonable cost.
Mr G, Forest Town

I would like to say a big thank you for your understanding at a very stressful time. You not only acted professionally but with great compassion. My family can not say in words how difficult a time we are having, and it means so much to have just a little kindness. No matter what the outcome today, you did a wonderful job.
Mr W, Swinton

Very pleased with the service provided. The Deed Poll process, fees etc. were all explained to me clearly by Kelly. All of the staff I dealt with were very helpful and professional. Thank you!
Miss B, Sheffield

Peter Jones is a very good solicitor, and helped and advised me to do what was best. He does not pressure you into taking his advice.
Mrs B, Boythorpe

Banner Jones Solicitors provided an excellent service in what was a slow and difficult divorce matter. The advice and persistence was very reassuring and eventually led to a good outcome.
Miss M, Chesterfield

Very efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.
Mrs W, Mansfield

We’re really grateful for the work you did for us. 10 out of 10!
Mr & Mrs S, Bridlington

Very easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.
Mr C, Dronfield

Brilliant service, kept well informed all the way through the process. Would definitely recommend.
Miss H, Nottinghamshire

Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.
Mr & Mrs D, Mansfield

Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.
Mr W, Nottinghamshire

I have always experienced complete satisfaction with Banner Jones and their services over the last 15 years.
Mr & Mrs R, Sheffield

My wife and I would like to thank you for representing us and achieving an outcome that exceeded our hopes and expectatons.
Mr & Mrs N

We would like to thank you for all your help over the last few months and are relieved that's its all over. The children are happy to be back home with mum and have started to settle back down.
Mr F, Chesterfield

I would recommend Banner Jones Solicitors 100% to anyone. Completely trustworthy, efficient and kind. You can rely on them to do everything they possibly can to fight your corner and protect your interests. Banner Jones' team will also go the extra mile to help too.
Ms C, Chesterfield

Thank you once again to yourself and Graham for providing us with a fantastic service and if we need anything else in the future we will definitely come directly to you.
Mrs O, Mansfield

I just want to say thank you for your help and support with everything regarding my daughter It's just given me so much peace of mind, knowing that I had you representing me, and was prepared around all aspects of the case. Today has just allowed me to put the last few months behind me, and move forward with my life as a whole after a bad year. I can't wait to start spending some real, quality time with my daughter again, and actually get to watch her grow up.
Mr C, Chesterfield

Dear Peter, thank you for everything, especially your time in supporting me and most of all making me see sense.
Ms B, Chesterfield

A very big thank you to Peter Jones for the support, advice and guidance that you have given us over the last few months. Without fail, you have pitched your manner exactly right on each occasion, and I believe that you have definitley gone the extra mile and on more than one occasion!

On a personal note, I just wanted to thank you for guiding me towards the right decisions to help my daughter when my emotional involvement overshaddowed my commonsense! Amazing work!
Miss G

Thank you Peter for getting my baby back I won't ever forget you and what you did for us.
Miss M, Chesterfield

Overall we made extremely good progress over the course of 4-5 sessions. Very good service.
Mr T, Nottingham

I just wanted to thank you for all your help and the support you have given during my recent divorce.
Mrs P, Sheffield

Very good. I am pleased with the outcome of it all.
Mr W, Wymeswold

Many heartfelt thanks for all you have done.
Mr M, Chesterfield

I am very happy and satisfied with the service you have provided and wish you all the best in life, with peace, harmony, health and wealth with abundance.

Thank you once again and may I also personally thank you sincerely for your compassion and sincerity throughout this difficult process.
Miss E, Sheffield

Really helpful. Able to discuss issues with a friendly, informative mediator and ex partner. Thank you for all your help. You have really helped us all xx
Mr G, Dronfield

My divorce was handled with great efficiency. you couldn't do enough to help with the process, and made it simple.
Mr F, Sheffield

I would like to say thank you for all your help and advice throughout this matter.
Ms B, Chesterfield

Thank you for everything you have done Kelly.
Ms M, Chesterfield

Thanks for your help and support for the last few years
Ms P, Chesterfield

After the 1st meeting my husband and I decided we could get together and we came to a mutual agreement on the financial situation and therefore didn't need further meetings, thanks to your initial help.
Mrs R, Grassmoor

You and value have been amazing with this case. I appreciate everything that you've already done and still doing. Seriously Shetal not sure I'd of got through the past 2 years without you both being strong for me and the children. Thank you so so much.
Ms S, Sheffield

Divorce is always a stressful affair, however Kelly Walters removed all this for me by handling the whole thing without fuss and very efficiently. Kelly understood my rather complicated requirements and managed everything perfectly, keeping me in the loop at every stage. People often fill these forms out and put top marks for every aspect without thought. In my case, I put excellent for all categories because every aspect of the service I received was perfect. Banner Jones are now my go-to solicitor for ALL my legal needs.
Mr W, Dronfield

Very many thanks for your excellent and professional support

Mr S, Grindleford

Thank you for your patience, understasnding and determination to help us get there eventually
Mrs S, Chesterfield

The family department at Banner Jones have just completed the legal arrangements in respect of my divorce. The service I received was exemplary and I wanted to write to you to let you know this. I have been pretty constrained in relation to availability to meet and most of our business has been done over email which I appreciated. Responses have been very timely, updates provided regularly, deadlines hit and fees reasonable. I contrast this with the service provided by a large law firm in Sheffield in the early part of the year and your approach and that of your staff to customer services, in my view, sets your firm apart. Your firm came to me through personal content by a friend and I shall be happy to do the same. Thank you again.
Mr C, Sheffield

I am speechless, I cannot thank you enough for taking this case on at such short notice and doing a fantastic job
Ms C, Nottinghamshire

Thanks for all your work and help on this Shetal, I really appreciate eveything you have done for me
Mrs R, Barlborough

Thank you for your assistance and work on this matter. I would be delighted to recommend Banner Jones to friends and colleagues when they require similar services.
Mr & Mrs B, Oughtibridge

I would like to thank you all for your help during this difficult time.
Ms P, Chesterfield

It was extremely convenient to be able to discuss my case with Kelly before work in the morning. This avoided us missing each other, did not interfere with my work day and I knew that if I had something to deal with during the day I could discuss it with her the following morning. Our lives have been turned upside down during the pandemic and as such we all have to work more flexibly. It was refreshing and reassuring to see Banner Jones Solicitors embracing this flexibility by responding positively and dynamically to their client’s needs and pressures.
Architect

Family Law

Thank you for being available whenever I needed and thank you so much for your efforts. Really appreciate it.
Miss K, Chesterfield

It was extremely convenient to be able to discuss my case with Kelly before work in the morning. This avoided us missing each other, did not interfere with my work day and I knew that if I had something to deal with during the day I could discuss it with her the following morning. Our lives have been turned upside down during the pandemic and as such we all have to work more flexibly. It was refreshing and reassuring to see Banner Jones Solicitors embracing this flexibility by responding positively and dynamically to their client’s needs and pressures.

Mr Miller Director, Manchester

In the 2021 guide Shetal received this testimonial from a women's refuge;

‘Shetal Gudgeon has a long history of working with women fleeing domestic abuse. We recommend her to our residents because we like the manner and tone of voice she uses when communicating with our women. She makes them feel valued and important. She shows empathy and respect. This is something some of our women have never experienced. Our women need a certain kind of person as they have fled domestic abuse, lost their homes and sometimes children. They have complex needs and are dealing with trauma.’

Previously recognised as a recommended Family Lawyer in The Good Lawyer Guide – the independent guide to solicitors in England and Wales –She is well known for providing clear and practical advice described as “second to none” and leaving “no stone unturned”. She has also been described as “professional”, “welcoming” and “empathetic”. Shetal works closely with her contacts such as charities in the areas of domestic violence and sexual abuse.
Women's refuge

Kelly Parks

Shetal Gudgeon

Lauren Mahon