Divorce and family law

If you are experiencing domestic abuse, you are not alone. Many people feel unsure about whether what they are experiencing is abuse, or what steps they can safely take to protect themselves and their family.

Our family law team provides confidential, compassionate legal advice to help you understand your options, feel supported, and take practical steps to stay safe.

• Speak to us in confidence
• Understand what counts as abuse
• Get urgent legal protection if needed
• Protect yourself and your children
• Receive calm, supportive advice

Domestic abuse is not limited to physical violence. It can take many forms with the intention of controlling, frightening or harming another person.

There is a statutory definition of “domestic abuse” which states that the behaviour of the perpetrator towards the victim is domestic abuse if both persons are aged 16 or over, are “personally connected” to one other and the behaviour is “abusive.” This applies regardless of gender, sexuality or background

Domestic abuse can take many forms, and it often escalates over time. It therefore may be a single incident or a course of conduct.

Behaviour is considered to be abusive if it takes any of the below forms:

• Physical abuse
• Sexual abuse
• Violent or threatening behaviour
• Emotional or psychological abuse
• Economic abuse
• Coercive or controlling behaviour

Domestic abuse can happen to anyone, including men and women, and whether you are in a same sex or different sex relationship.

Controlling behaviour is a range of actions designed to make someone feel dependent or subordinate. This may include isolating them from support, controlling finances, or regulating everyday activities.

Coercive behaviour is a pattern of acts such as threats, intimidation or humiliation used to frighten or punish. These behaviours are taken very seriously by the courts, even where there is no physical violence.

Our family law team offers discreet and supportive advice in a safe, confidential setting.

We can help by:

• Listening to what has happened, without judgment
• Explaining your legal options clearly
• Advising on urgent protection if you are at risk
• Helping you take steps to protect yourself and any children

If you are in immediate danger, emergency legal action may be possible.

Where necessary, the court can make urgent orders to protect you and your family.

Non-Molestation Orders

A Non-Molestation Order is an injunction that prevents someone from threatening, harassing or abusing you or your children. Breaching this order is a criminal offence.

Occupation Orders

An Occupation Order can regulate who lives in the family home. It may allow you to return to your home or require the other person to leave, even if they are the sole or joint owner.

Our family law team can advise you quickly on whether these orders are appropriate and help you apply safely.

Domestic Abuse Protection Orders

A Domestic Abuse Protection Order (DAPO) is a relatively new Order introduced by the Domestic Abuse 2021. A DAPO is an Order that provides protection for victims of domestic abuse and implements restrictions on the perpetrator including (but not limited to) their ability to communicate with, contact, harass, threaten and/or approach the victim of the abuse.

If you are at immediate risk, we can act quickly to seek court protection and advise on enforcement.

The first point of contact for you should always be the police if you believe that you are in immediate danger. This is important as the police have a number of powers available to them and may be able to offer you immediate protection before you obtain legal advice.

Our family law team have your safety, and the safety of any children involved, as their primary focus.

We are not able to offer legally aided services. However, we will always be clear about costs from the outset and explain your options honestly so you can make informed decisions.

You may also be able to access help and support from certain charities / organisations who can offer additional assistance in protecting you from domestic abuse.

Our family law team have good knowledge of these services and can signpost you accordingly.

Cohabitation (living together without marrying) is increasingly common. However, many couples living together, known as cohabitees, are surprised to learn that there is no such thing as a “common law marriage” in England and Wales.

If your relationship ends, your legal rights are very different from those of a married couple. At Winston Solicitors, we help cohabiting couples or those who plan to cohabit to understand their legal position, protect what matters, and plan with confidence.

• Understand your rights when living together
• Understand your rights when planning to live together
• Protect property, savings and investments
• Get correct advice if a living together arrangement ends
• Plan ahead with a cohabitation agreement
• Support from trusted family law solicitors

Cohabitation describes couples who live together but are not married or in a civil partnership. Despite common belief, living together for many years does not give you the same legal rights as marriage in fact no rights arise from simply living together.

If you separate, the law does not automatically provide financial protection for either partner. That is why getting accurate advice at an early stage is so important, especially where property, children or unequal contributions to the property are involved.

When a relationship breaks down, unmarried couples do not automatically have financial claims in the way that divorcing spouses have. This can come as a shock, particularly if one partner feels they have made sacrifices to support family life or they have made financial contributions that are recorded or not taken account of for legal purposes.

Common issues we help with include:

• Joint financial contributions to a property owned in one cohabitee’s name
• Disputes about shares in jointly owned property
• Unequal contributions to deposits or mortgages
• The right to remain in a property after relationship breakdown
• Financial provision for children

Our family law team focuses on finding practical, proportionate solutions that reflect your circumstances.

Property is often the biggest area of concern when cohabiting couples separate. The legal outcome depends on evidence of ownership of intentions, and evidence of financial contributions, not fairness alone.

We can advise you on:

• Whether you may have a beneficial interest in a property (from contributions made to a property that is owned in someone else’s name).
• How ownership shares are calculated
• What evidence is relevant, including financial contributions
• Your options if agreement cannot be reached

Clear advice at an early stage can prevent disputes escalating and becoming costly and stressful.

A cohabitation agreement allows you and your partner to agree before you live together how finances, property and financial responsibilities will be dealt with if your relationship ends and specifically if there is any intention to share the.

These agreements are particularly helpful where:

• The parties are investing unequally into the property
• A property is owned by one partner only
• The property will be a home for children from previous relationships
• Family wealth or inheritance invested into the property needs protection

At Winston Solicitors, we prepare tailored agreements that are clear, balanced and designed to stand up to scrutiny.

Our experienced family law team provides clear, practical advice for couples before, during and after cohabitation ends.

We can help you with:

• Advice before moving in together
• Drafting and reviewing cohabitation agreements
• Property and financial disputes after separation
• Claims and arrangements relating to children

We take time to understand your situation and explain your options in plain English, so you can make informed decisions with confidence.

A marriage or civil partnership is hoped to be a life-long commitment between partners and all good partnerships are built on communication, mutual agreement, and shared goals. As much as you would never dream to start a business with a business partner on good intentions and best wishes, the same should be considered for a personal relationship, and formal pre-nuptial agreements should be part of your necessary pre-wedding tool kit.

• Can a prenup protect my inheritance?
• Can a prenup protect my savings?
• Can a prenup protect the capital in my house?
• Can a prenup protect my gifts I have had from family?

The answer is yes – a prenup can help protect all assets that have not been accrued by virtue of your relationship with your partner.

Insurance Policy?

There would be no hesitation in understanding why on top of the wedding plan checklists there is a recommendation for wedding insurance.  Many things can happen that are out of your control, as to why a wedding sadly could not take place.  Yet the same should be said for a prenup and should just be considered as a further insurance policy – it is there to protect the common intentions that you set out with when you agree to marry.

What can I put in the prenup?

Anything can go in the agreement and it will be bespoke to your needs.  It is essential you obtain professional advice on this as often agreements that you may find on the internet for a quick, cheap fee are not tailored to your individual needs and actually offer very limited protection in the long run when you need to rely upon it.

This is especially the case for those with assets acquired before marriage, with significant inheritances, or coming to the marriage perhaps with a family from a previous relationship who they wish to protect financially.

The agreements can help you protect your business and set out how you will run and operate your business during your marriage and upon separation.  You can set out your agreements with regards to your children or any children you hope to have, and this can include children from previous relationships and set out inheritance principles for your children in the agreement.  You may be aware that you will receive an inheritance one day and you would like to make provisions for what will happen to this.  You may have significant pension assets that you wish to protect and these can also be protected.

A bespoke prenup can be made for your family to suit all your circumstances.

I have already married, am I too late to make a pre-nup?

If you have already celebrated your special day and now realise you wish to record agreements regarding your financial circumstances, this can be encompassed in a post nuptial agreement.  The agreement is very similar to a pre nuptial agreement but removes the needs for this to be completed before the wedding day.

We are happy to talk through all your needs at your convenience.   
Fill in our simple form below or call 0113 320 5000 and to get in touch with a member of our specialist family team.

Looking to protect your assets and plan fairly for the future?

We help couples create clear, legally-sound prenuptial agreements and postnuptial agreements.

Whether you are planning to marry or already have, we will guide you with expert advice that puts your needs and peace of mind first.

If you are worried about protecting your home or business, or your children’s future then you are not alone. We help individuals across Leeds and Yorkshire, as well as nationally, to create fair, transparent prenuptial and postnuptial agreements that put your peace of mind first.

A prenuptial agreement (or prenup) is a written agreement made before you get married or enter a civil partnership. It sets out what will happen to your assets and finances if the relationship breaks down later.

Prenuptial agreements are not just for the wealthy - they are for anyone who wants clarity, security, and fairness.

A postnuptial agreement is similar, but it’s made after you’re already married or in a civil partnership. It can update your plans as life changes. For example, when you are planning to buy a house, potentially inheriting or being gifted money, or having children.

People across Leeds, Yorkshire and nationally come to us for all sorts of reasons, including:

• Protecting a family business
• Safeguarding children from previous relationships
• Keeping property or savings separate
• Clarifying what’s joint vs individual
• Avoiding future disputes if things change
• Prenups and postnups

They’re not automatically binding like a court order, but they are taken very seriously.
Courts will usually uphold prenuptial and postnuptial agreements if they’re fair, properly written, and follow legal safeguards.

We will make sure your agreement:

• Is entered into well before the wedding or civil partnership (at least 4 weeks, so plan much earlier)
• Is backed by independent legal advice
• Includes full financial disclosure
• Has review points built in for life changes if needed 

Every agreement is bespoke, but here are common examples:

• Who owns pre-marital property
• What happens to joint savings or debts
• Whether you’ll share pensions
• How gifts and inheritance are treated
• What happens to cars and valuables
• How business shares will be treated
• What kind of maintenance or support might apply
• Provisions for children’s needs
• Plans for reviewing or updating the agreement

You decide what matters and we will guide you through it with clear, personal advice.

1. Speak with a family law solicitor
   Book a free, no-obligation call with our team in Leeds.
2. Share your financial picture
   We’ll help you prepare full financial disclosure. It’s a vital part of making the agreement fair.
3. Draft your agreement
   Your solicitor will prepare a tailored prenup or postnup based on your needs and values.
4. Independent legal review
   Your partner will also need their own legal advice to keep things fair and enforceable.
5. Sign in good time
   For prenups, aim to sign at least 4 weeks before the wedding or civil partnership.

Whether you are planning ahead or adjusting after marriage, a well-drafted agreement can reduce stress, protect your loved ones, and give you both peace of mind.

Winston Solicitors will support you every step of the way with clear advice, local understanding, and over 3,000 five-star reviews to back it up.

Call us on 0113 320 5000 or email family@winstonsolicitors.co.uk.

Protecting Family Business Assets with a Prenuptial Agreement

The Situation

John, a successful business owner, was about to marry Emily, a teacher. John wanted to ensure that his family business, which had been in his family for generations, would remain protected in the event of a divorce.

The Challenge

The challenge was to create a Prenuptial Agreement that would protect John's business assets while also being fair to Emily and providing for her needs.

The Solution

Winston Solicitors worked closely with both parties to draft a comprehensive Prenuptial Agreement. The agreement specified that John's business assets would remain his sole property, while also ensuring that Emily would be financially secure through other assets and joint savings. The agreement also included clauses for periodic reviews to account for changes in financial circumstances such as the birth of children.

The Outcome

Both John and Emily felt the agreement was fair and equitable, providing them peace of mind as they entered into their marriage and giving certainty for the other business owners.

Navigating Second Marriages and Complex Assets

The Situation

Sarah and Mark, both in their 50s, were planning to marry. Each had children from previous marriages and significant assets, including property and retirement accounts.

The Challenge

The couple wanted to ensure that their assets would go to their respective children while also providing for each other.

The Solution

Our team at Winston Solicitors crafted a detailed Prenuptial Agreement that outlined the division of assets, including provisions for their children and future grandchildren

The Outcome

Sarah and Mark entered their marriage with a clear financial plan, ensuring a harmonious blending of their families and assets to avoid later disputes between any elements of their blended family.

Civil partnerships and same sex marriage give couples of the same sex the same rights as heterosexual couples. As with any family relationship there can be complex issues to consider should your relationship break down.

Same sex marriage, civil partnerships and children

Civil partnerships were introduced in 2005 and same sex marriage in 2014, giving same-sex couples the same rights as heterosexual couples. However, there can be child-care issues for unmarried and same-sex couples who separate. Same-sex couples who are not in a civil partnership or married do not automatically have the same parental rights as those who are. The partner who does not give birth will not have automatic parental responsibility and would either need to reach an agreement for parental responsibility to be acquired or an application to the court would need to be made.

Arrangements for children can be complicated further when children may be adopted, the parents have benefitted from surrogacy or sperm donation or one partner may have children from a previous relationship. We can give you advice before you embark on any of these processes.

A child’s legal parent has financial responsibility for the child, can apply to the court for a child arrangement order in relation to the child and also has an impact on inheritance. It is therefore extremely important to obtain legal advice to prevent any future family disputes.

Regardless of who the legal parents of a child are when a person provides for and meets that child’s needs through nurturing, loving, protecting and guiding this is an extremely important role to play and the courts have recognised this and the concept of the “psychological parent” has emerged and is relevant when looking at orders to make in relation to a child.

As experienced family lawyers we can assist in those early days after breakup to discuss your situation and help you reach an agreement focused on meeting your child’s best welfare interests.

Same sex relationships and finances

The Marriage (Same Sex Couples) Act 2013 extended marriage to same sex couples in England and Wales giving same sex couples the same legal rights as heterosexual couples. Initially Civil Partnerships were popular following the Civil Partnership Act 2004, however following the Marriage Act 2013 marriages have become more popular. Civil Partners cannot divorce and must end their partnership by a dissolution. Whilst same sex marriage ends their marriage by divorce.

On the breakdown of the marriage it is important to ensure financial matters such as properties, pensions, businesses and savings are dealt with so that each person can move forward knowing their future assets and income can no longer be claimed by their former partner. Same sex couples therefore have the same entitlements as opposite-sex partners would.

Same-sex partners can enter a pre-nuptial agreement before formalising their relationship, whilst not legally binding, a pre-nuptial agreement sets out intentions and can carry great weight in financial proceedings.

Our family law team are experienced in drafting pre-nuptial agreements maximising the chances of the court adopting the agreement within financial proceedings.

Same sex couples that do not enter a civil partnership or do not marry (ie do not enter into a formalised relationship) are treated exactly like the heterosexual couples that decide to live together and not marry, they cannot make any financial claims against their former partner.

It is also crucial for cohabiting couples to make a will, when a person dies without leaving a valid will, their property is shared out according to the rules of intestacy. These state that spouses, civil partners and other close relatives can inherit the property of the deceased person. The rules of intestacy do not provide for couples that simply live together.

What can we do to protect our family

We would always recommend seeking professional legal advice whatever your circumstances and particularly if you are happily living together.  As much as you would look to obtain a financial advisor to help you decide the best options for your finances for pensions; savings; inheritance and so on, a family lawyer can help you ascertain your current rights and responsibilities and how they could change upon marriage/civil partnership and upon any potential relationship breakdown.
You can obtain a cohabitation agreement or post/pre nuptial agreement.

Why do I need a cohabitation or nuptial agreement?

A cohabitation agreement is particularly important in England and Wales if you do not formally marry or enter a civil partnership – this is because there are limited rights available to cohabiting couples. Even if you have lived together for years, have children, run a business together you will not have automatic rights to inherit property or wealth should you separate or should your partner pass away. A cohabitation agreement is therefore essential to prevent one of the partners being left in a vulnerable position financially.

A cohabitation or nuptial agreement lets a couple set out in writing how you wish to manage your day-to-day finances; childcare arrangements; and future wishes so that you agree between you your common ideas and goals. Should your relationship break down, provisions would already be agreed as to how the family should formally separate removing doubt, uncertainty or confusion.

If, for example, you have a joint rental agreement or mortgage, it's up to the both of you to decide what will happen if you separate. If you have been living in your partner’s house, then it will not be as easy and you may be left without a place to live; even in circumstances where you have been contributing to the mortgage or paying your way in other ways (such as staying at home to look after children), unless your name is on the deeds, you may have no right to the property.

Having a cohabitation agreement can help, it can outline the shares each of you will have in the property or whether one of you will remain the sole owner. A cohabitation agreement can also provide for how pensions, possessions and savings should be shared in the event of separation.

A cohabitation agreement can include the following provisions to make separation easier to deal with:

• the ownership of your home - whether you own it jointly together or just one of you owns the property,
• pensions
• your home contents and your personal possessions,
• your bank and building society accounts,
• and your common household expenses including mortgage repayments, rental payments, insurance premiums, council or other local taxes, utility bills, food, decoration and repairs.

Our experienced family lawyers can help you prepare a cohabitation agreement to avoid disputes about who owns what and in what shares and who is responsible for paying various bills. A cohabitation agreement can be made at any time but it is preferable to enter into an agreement before you move in together.

Is a cohabitation or nuptial agreement legally binding?

Although these agreements are not a legally binding contracts, the courts are becoming more willing to accept them and it is a great advantage to have proof of your intentions set out should you both get into a legal dispute.

For any agreement to stand a chance of being upheld by the courts as binding (and there can be no absolute guarantee) the parties must:

1. Each take independent legal advice upon the contents
2. Each tell the other the truth about their financial circumstances
3. One should not exert undue influence over the other
4. There should be no fraud or mistake involved

Parental or child arrangement agreements

If you are in a same sex marriage, you may just wish to have an agreement upon separation that considers the arrangements and financial contributions you will both make towards your children. It is again very easy to assume you both hold the same goals and endeavours for your children, but until the time comes these assumptions are incorrect.

These can be matters such as:

• What school will our children go to
• Who will pay for the school activities
• Who shall be the primary address at the doctors
• Shall our child join a particularly religious faith and celebrate all customs within that faith
• Who shall claim the child benefit for the child and any other associated benefits

We can assist in the drafting of these agreements for you so that you and your co-parent can have an agreed set out principles that will allow you to simply enjoy spending time with your children without worrying about the next milestone you may need to consider.

Our team of family law experts can provide the advice and guidance you need to navigate you through what can be a distressing time but also as insurance policies to set out principles and agreements when your relationship has not broken down.

We offer professional advice and assistance on all legal issues relating to same sex couples. The work we do regularly includes:

• Preparing cohabitation agreements between same sex couples.
• Preparing pre and post civil partnership/marriage agreements (nuptial agreements).
• Advising on legal issues affecting your children.
• Acting in the dissolution of civil partnerships and divorce of a marriage.
• Advising on financial issues arising from the breakdown of same sex marriage.

For more information please contact our specialist law team on 0113 320 5000 or by email on family@winstonsolicitors.co.uk

A parent can apply to the Family Court for an order known as a Prohibited Steps Order to prevent the other parent who has parental responsibility taking action.

This might include:

• To prevent the child associating with someone who has an adverse influence or is considered to be a danger to the child.
• To prevent medical treatment.
• To prevent the child from being permanently removed from the Country.
• To prevent a change of surname.

Any parent, guardian or holder of a child arrangement order in relation to a child can make an application for a Prohibited Steps Order. 

What we can do for you

Our family law team can supply sympathetic and robust legal advice to help you to achieve the best outcome for you and your child.

We can assist you and represent you in making an application to the Family Court for a Prohibited Steps Order. These applications are normally made on notice to the other party. However, an application can be made without notice in an emergency situation. The affect of the Prohibited Steps Order is to prevent the parent with parental responsibility or a third party from taking any step which is specified within the body of the order without the prior consent of the Court. The most common Prohibited Steps Orders are those forbidding a parent from removing a child permanently abroad, prohibiting contact with a specific person, a ruling for the child not to undergo certain medical procedure or to prevent the change of the child’s surname. Whether your application succeeds will depend on the circumstances presented to the Court and what the Court considers to be in the child’s best interest.

We also act and represent parents defending applications for Prohibited Steps Orders.

Parental Responsibility is what gives a parent or step-parent legal rights in respect of a child and also places upon them duties and responsibilities in relation to the welfare of that child.  It enables a parent to make important decisions about a child’s upbringing, such as their education.

The following persons automatically have Parental Responsibility of a child:

• The mother of the child
• A transgender man who gives birth to a child
• A father who is married or in a civil partnership with the child’s mother at the time the child is born
• A father who is registered on the child’s birth certificate
• Second female parents who were married or in a civil partnership with the birth mother when the child was conceived by fertility treatment, and they consented to the treatment
• A person who adopts a child or becomes a child’s guardian

A person can acquire Parental Responsibility by entering into a formal agreement (known as a Parental Responsibility Agreement) with the other person who has Parental Responsibility for a child or by Order of the Court.

Our services include:

• Preparing Parental Responsibility agreements for parents/step-parents.
• Negotiating with the parent who has parental responsibility to execute an agreement.
• Assisting a parent in applying to the Court for a Parental Responsibility agreement.
• Applying for a Prohibited Steps order where one party seeks to exercise parental rights contrary to the wishes of the other. This could apply where a parent decides to leave the Country permanently without the consent of the other parent and they wish to make an application to the Court for an order prohibiting this.
• Applying for a Specific Issue order. This may be appropriate for instance where no agreement can be reached on decisions such as which school a child should attend or which religion a child should follow.

For advice and support, please contact your Family Law Team on 0113 320 5000 or by email on family@winstonsolicitors.co.uk.

We understand that your children and child arrangements are often your biggest worry when you separate or divorce, so you need a local family law team who are experienced in dealing with issues surrounding your children in a professional, supportive and sensitive manner.  This is where we come in.

Many couples, with the benefit of our advice, are able to make child arrangements without incurring the cost of legal proceedings. We can advise you about the types of arrangements that may work for your family and offer you guidance about what may be ordered by a court, if either of you were to apply.

If there are no disagreements about your children the court may not make any orders about them at all.

From April 2014, anyone seeking to issue an application relating to issues surrounding children i.e where children will live and with whom they shall spend time, must, save in certain defined circumstances, attend a MIAM (Mediation Information and Assessment Meeting) prior to issue.  If one party is unwilling to mediate and/or the Mediator assesses the matter as unsuitable, then a Court application can be made.

If, as a last resort, one of you has to apply to the court, the main Orders which can be made are set out in the Children Act 1989:

Parental Responsibility:  a bundle of rights relating to the parenting of a child which enables you to have a say in important decisions about your child’s upbringing.

Child Arrangements Orders: these orders govern who a child shall live with and what period of time a child will spend with each parent.  These orders used to be known as a residence or contact order.  Historically, the term “custody” was used to describe this type of order.

Prohibited Steps:  preventing something from happening to a child e.g. removal from England to a foreign country.

Specific Issue: when a court is asked to decide about an important aspect of a child’s upbringing which the parents are in dispute over, for example, which school a child should attend.

Children Act proceedings can prove costly in terms of legal fees so it is important that you get cost effective expert legal advice.  Our team are on-hand and ready to help.

For advice and guidance please contact the family law team on 0113 320 5000 or email us at family@winstonsolicitors.co.uk. 

Some couples would prefer separation over divorce or dissolution of their civil partnership straight away.

There are many reason why separation may be preferable, such as if you have not been married a full year or for religious reasons.

You have three choices when you separate:

Separate physically and take no legal steps:  If you do so, you are not protected against a claim for money made by your husband or wife within a divorce. So if you get a better job, inherit money or buy a new home, these things are not protected financially in the event of a later divorce.

Have a legally binding written agreement about money:  This is called a Deed of Separation which we can prepare for you.  It will be highly persuasive in proceedings to deal with financial claims, but if circumstances have radically changed, or the agreement was no longer fair, ultimately it is the court that retain the power to make a final binding decision in respect of the sharing of assets following divorce/dissolution.

To judicially separate:  This legal process is not commonly relied upon. You remain married and follow a legal process similar to divorce. This is a process that we can guide you through.  However, few people judicially separate as many would then go on to divorce at a later stage, and so incur the cost of two different legal procedures.

There are however some clients who would prefer a judicial separation. For instance for religious reasons the client may not wish to go through a divorce but still wishes the Court to deal with the financial issues arising from the breakdown of their marriage. However, it should be noted that the Court has no power to make a pension sharing order on a judicial separation.

Discuss a legally binding separation

We can help you by talking through the options available and assist in making the decision that is the best route for you. We can further assist you in taking the appropriate action to achieve the outcome which you desire.

For advice and support, please contact your Family Law Team on 0113 320 5000 or by email on family@winstonsolicitors.co.uk.