Fay Rothery
Overview
Fay is a Solicitor with over 25 years of experience in dealing with family matters. She trained at a local Staffordshire firm, and was a partner for over 10 years at a large and well-established West Midlands/Shropshire based firm. She moved to join the Staffordshire Family Law team as a director in May 2016.
Fay heads up the Matrimonial Department, which provides expert advice upon relationship breakdown and associated financial issues..
Fay was appointed as Managing Director of the Firm in 2021, driving the firm forward in its aim to provide, quality cost effective family law advice from specialist solicitors who are easily accessible to their clients.
Fay’s approach to dealing with clients is professional, but personable, and the majority of her clients have come to her by way of recommendation. Separation can be an incredibly difficult time for people, and Fay’s aim is to help her clients through the process with honest and clear advice delivered in an empathetic manner.
Areas of expertise
Divorce
Even before commencing her Law Degree, Fay knew she wished to practice in Divorce Law. Over the years she has advised hundreds of clients going through separation and the divorce process.
She can prepare the necessary court documents and navigate clients through the procedure. However, whilst this is a legal process, Fay is acutely aware that for clients, this is a most difficult time giving rise to numerous legal, financial, practical and emotional issues. Fay is sensitive to the client’s needs whilst ensuring that she remains focused on their goals.
Financial Remedy Proceedings
Fay has a wealth of experience in dealing with financial issues on divorce. She can assist with, and advise upon, all stages including:
- Urgent first steps required to protect a client’s position and prevent dissipation of assets
- the process of financial disclosure, whereby information is exchanged by the parties;
- the forensic analysis of the other parties’ financial disclosure and preparing questionnaires where this is lacking;
- the instruction of third party experts, where required to value the assets;
- negotiations to reach terms of settlement;
- Consent Order documentation, to finalise and formalise the terms of agreement reached;
- applications to the court for orders, where matters cant be agreed;
- advocacy, representing clients at court hearings
- enforcement where one party fails to comply with orders.
Fay deals with a range of different clients and different size matrimonial asset pools, including
- the matrimonial home
- second properties or rental properties
- savings, shares and investment portfolios
- pension assets, including money purchase schemes, occupational defined Benefit Pensions and SIPPs
- family businesses and shareholdings in varying sized companies
- family trusts
Where there is matrimonial debt, Fay can advise how this is to be treated. She can also advice upon the implications of one party being declared bankrupt.
On cases where there is a disparity in income, Fay can advise upon the merits of a maintenance claims and act in proceedings for Periodical Payments and Maintenance Pending Suit.
Intervenors and Trust Cases
Fay has considerable knowledge on trust cases, where there are third party interests in matrimonial property and has acted for numerous intervenors, such as family members, who have a vested interest in the matrimonial assets.
Cohabitation Issues
Fay has considerable experience in dealing with unmarried clients. She has issued, and defended, numerous cases under the Trust of Land and Appointment of Trustees Act, involving
- applications for orders for sale;
- declarations of beneficial interests;
- claims by non-owners for an interest under a resulting trust, constrictive trust or proprietary estoppel;
- occupational rent and equitable accounting.
Where parties are at the outset of their relationship, Fay can advise upon, prepare and negotiate Cohabitation agreements
Financial Provision for Children
Where children are involved, Fay can advise on claims for financial provision for them. These include
- Child Maintenance under the Child Maintenance Service jurisdiction;
- Postponement of Orders for sale under the Trust of Land and Appointment of Trustees Act;
- Children Act Schedule 1 applications including :
- Settlement of Property
- Lump Sums
- Top up Maintenance Orders or periodical payments where the Child Maintenance does not have jurisdiction.
Recognition
Fay was awarded a First Class Honours Degree in Law from Leeds University in 1996.
She gained a Distinction in her Diploma in Legal Practice from Nottingham Law School in 1997.
Fay was admitted to the Solicitor’s Roll in 1999.
Fay has been a member of Resolution, the country’s largest association of specialist family lawyers, for the majority of her time in practice
She gained Accreditation from Resolution as a Specialist Family Lawyer in Advanced Financial Provision and Cohabitation.
She is also a member of the Law Society’s Family Law Panel, meaning she has and maintains a high level of knowledge, skills, experience and practice in the area of family law.
In 2015, Fay completed her training as a Mediator. Whilst Fay no longer practises as a Family Mediator, she brings to her legal practice the skills learnt during that training, to assist in negotiating agreements in a non-confrontational way, where ever possible.
