Family & Relationship Breakdown
Providing expert advice on divorce, separation and matrimonial issues. Contracted with the Legal Aid Agency.
Eaton Smith has a team of lawyers who specialise in all aspects of family law and relationship breakdown.
Divorce and separation
The end of a relationship is a stressful time, but we can help you bring your marriage or civil partnership to an end with minimal distress and expense. We will consider the best way to tailor our service to provide the level of support you feel you need.
Finance and Property Disputes
Our highly experienced team can also deal with the financial aspect of your relationship breakdown. This includes divorce, separation, civil partnership or termination of cohabitation. Our solicitors deal with matters in a considered, caring and cost-effective manner with all types of issues up to and including multi million pound disputes.
Children
We also have a team who are experienced in acting for children, parents and family members in other disputes such as where parents are separated and there are problems in making arrangements for the children to spend time with each parent or a dispute as to where the children should live. Similarly, we specialise in providing expert advice to grandparents, adoptive parents, step-parents and other relatives on all issues concerning children.
Domestic violence
Domestic violence can take many forms which include physical violence, emotional abuse, financial abuse, threats and intimidation. coercion and sexual abuse. We are aware that many of these topics are of a highly personal nature and that you may find these issues difficult to talk about. Eaton Smith are committed to dealing with these issues in a careful, sensitive and considered manner.
Whether you are the victim of abuse and need us to advise as to options for protection from harm for you and your family or you have been accused of abuse, we are able to assist you to deal with these matters.
We are conscious that sometimes these issues do require us to act swiftly and we are able to offer emergency appointments if this is appropriate.
Costs
Legal Aid is available in many family matters. This is subject to financial eligibility and certain criteria. We are happy to discuss with you whether you will qualify for Legal Aid.
We offer a free initial 30 minute appointment where we can discuss your options.
Where legal aid is not available we are committed to being open about costs and we have a range of funding options to cater for all income levels.
If you would like to contact our Family team click here or call 01484 821300.
Some of our family law solicitors are members of Resolution. Resolution is committed to the constructive resolution of family disputes. Members of Resolution abide by a Code of Practice which commits family lawyers to resolving disputes in a non-confrontational way. The belief is that family law disputes should be dealt with in a constructive way, designed to preserve people’s dignity and to encourage agreement.
FAQ'S
What is family law and what issues does it cover?
Family law is the area of law that deals with relationship and family matters. This can include divorce and separation, financial arrangements, child arrangements, prenuptial and postnuptial agreements, cohabitation, and issues involving domestic abuse. The right approach for you will depend on your circumstances, so it is important to take tailored legal advice.
Do I have to go to court to sort out my divorce or separation?
Not necessarily. Many couples are able to reach an agreement through negotiation, mediation or solicitor-led discussions without going to court. Court proceedings are usually a last resort if other methods do not lead to a fair and workable agreement. A family solicitor can explain your options and help you choose the most suitable route.
How long does a divorce usually take in England and Wales?
The timescale can vary depending on your circumstances, the court’s timetable and whether there are financial or child-related issues to resolve. As a general guide, the legal process may take several months or longer. Financial matters can sometimes extend the overall time. Your solicitor will be able to give a clearer indication once they understand your situation.
What is “no-fault” divorce and do I need to prove blame?
Under the current law in England and Wales, you do not need to blame your spouse or prove fault to obtain a divorce. Instead, you make a statement that the marriage has irretrievably broken down. This approach is intended to reduce conflict. A solicitor can guide you through the process and paperwork.
How are finances divided on divorce?
There is no fixed formula. The court looks at a range of factors, such as the length of the marriage, each person’s needs, income and earning capacity, property and savings, and arrangements for any children. Many couples reach a financial settlement by agreement which is then approved by the court. It is important to obtain legal advice before committing to any settlement.
Who will the children live with after we separate?
There is no automatic rule. The focus is on what is in the best interests of the children. This can mean the children living mainly with one parent and spending time with the other, or a more shared care arrangement. Parents are encouraged to agree arrangements where possible. If agreement cannot be reached, the court can be asked to decide.
What is a prenuptial or postnuptial agreement and are they binding?
A prenuptial agreement is made before marriage and a postnuptial agreement after marriage. They set out how finances should be dealt with if the relationship ends. While such agreements are not automatically binding, courts in England and Wales will usually give them significant weight if certain conditions are met, such as both parties having taken independent legal advice, exchanged full disclosure and entered into the agreement freely, without any pressure.
Can unmarried couples make legal arrangements about property and finances?
Yes. Cohabiting couples do not have the same legal rights as married couples or civil partners, but they can put in place a cohabitation agreement and make sure property is owned in a way that reflects their intentions. It is sensible to seek legal advice, particularly where property or significant assets are involved.
Update: Legal Aid Applicants’ Personal Data affected by cyber-attack.
In May 2025 Eaton Smith LLP received notification from the Legal Aid Agency (LAA) that a serious cyber-attack has compromised the personal data belonging to Legal Aid applicants.
The matter is being investigated by the LAA in conjunction with the National Crime Agency and National Cyber Security Centre as well as the Information Commissioners Office.
Unfortunately, Eaton Smith has no way to investigate matters and therefore we are not able to offer any comment on the investigation at this time.
The LAA has a legal responsibility to contact all Legal Aid applicants whose data has been compromised where relevant and we expect this to occur in due course following a full investigation.
For more details about this incident, please visit: www.gov.uk/government/news/legal-aid-agency-data-breach
The LAA system is now back up and running and as such we can now make applications for funding in the usual way should you be eligible..
Team for You – Family Law
testimonials
I can't thank Eaton Smith enough for all your help and advice during a very stressful time. I found the service provided first class. I would recommend you to anyone.
We just wanted to say a huge thank you for all your help and guidance through a truly traumatic time. Many thanks.
Very helpful Receptionist, very nice helpful solicitors, nice clean fresh waiting area and good service and also the speed of service is excellent. I would definitely recommend Eaton Smith having used your firm for many years and always received a good service.
Having received advice from 2 previous solicitors without satisfactory outcomes, I was recommended to talk to Eaton Smith. From the outset my Solicitor was very thoughtful and helpful. He managed to make a complicated legal challenge / situation comprehensible. Although a stressful and emotional case at times, I was consistently provided with reassurances as the team responded to the many twists and turns of the case as they emerged.
Eaton Smith are a well established law firm in Huddersfield. They deliver a good service, friendly, helpful and straight to the point. They get they job done and don't drag their feet. Does exactly what it says on the tin.
Zahra went above and beyond with my case, she knew everything I needed to know plus more. I would say we both went through this together and we got the right out come in the end; the truth always wins. Thanks for everything Zahra, you are a credit to Eaton Smith and a pleasure to work with.
The team at Eaton Smith are a genuine pleasure to work with. They are responsive and have a great depth of understanding of their client`s needs. They are a very well established and highly respected team amongst the legal community. They serve their client`s interests well with honesty and integrity.
I have worked closely with Katherine Stephenson (Partner) on a number of complicated cases. She is very bright, very approachable, and absolutely dedicated. Crucially she is straight-talking yet compassionate with clients. I have seen directly how her clients have been assisted immeasurably by her sage advice and able representation. One of them is likely to have her son returned to her care shortly following a complex trial with Vietnamese interpretation and involving issues of sexual harm and domestic abuse. Katherine is developing a similarly impressive team around her. Both Abby Drew and Sylwia Zajac have assisted me during hearings and they show great promise.