It can take around 8 - 12 months, sometimes a little longer. It will also depend on whether you are able to reach a financial settlement by agreement, and on the complexity of the financial matter.
Yes, once you have agreed the terms you should always instruct a family lawyer to draft the financial agreement and advise you on its terms. This will reassure you that the agreement is fair and ensure that the agreed order is approved by the court.
A 50/50 split is often the starting point for long marriages but is not automatic and the emphasis is on reaching a fair settlement. Family lawyers look at the circumstances of the case and rely on certain factors as set out at s.25 of the Matrimonial Causes Act 1975.
No. Unmarried couples do not have the same rights as married couples who are separating. This can have devastating consequences for the family, especially when children are involved. It is crucial to speak to a family lawyer when unmarried couples are thinking about moving in together or when they have decided to separate
Prenuptial agreements are not automatically legally binding but can be relied upon provided they meet the fairness test.
It is a good idea to attend family mediation, as long as it is safe to do so, to help you reach a financial settlement and agree the child arrangements. The family procedure rules require you to attend mediation before commencing court proceedings. There are some exceptions to this rule.
Non-court dispute resolution (NCDR) is a term referring to several methods to resolve your family law dispute without going to court. These include mediation, arbitration, Collaborative law and neutral evaluation by a third party such as a Private FDR hearing.
For a consent order to be legally binding it needs to be approved by the family court. The family court has discretion to reorganise your finances on divorce, so even when a consent order is agreed by both parties, a Judge will not make the order if it is unfair or unreasonable in the circumstances.
Matrimonial assets including the family home, properties, savings, pensions, investments, business assets and personal possessions. Non matrimonial assets such as any inheritance can be considered particularly if they have been intermingled during the marriage and have therefore become matrimonial assets.
Only in circumstances where it is in the child’s best interests such as when there is a fear or risk of harm to the child or towards you, which may impact the child.
This will depend on whether your relationship is amicable with your spouse and whether you can trust your spouse to follow through with the application without delay. A sole application provides you with control of the proceedings.
No it cannot, but a joint application can be changed to a sole application at the final stage of the divorce process in the event that one party changes their mind.
Yes, it can be very helpful to understand the divorce process and consider your options before starting divorce proceedings. It should also provide you with reassurance and confidence to take this next step.
You may wish to ask your spouse to pay for half or all the costs of the divorce court fee or the divorce lawyer’s fees, if you choose to use one. There is no longer the option to seek the costs of the divorce against the other party.
The no fault divorce process takes about 8-12 months but could be longer depending on your financial negotiation
This can be anywhere from between 12 - 24 months and depends on the approach taken by the parties and the complexity of the case.
Yes, even when you agree to this by consent. The court must seal your financial order to ensure it is binding and enforceable.
The Form E is a financial statement that both parties need to complete in order to disclose your financial position. You can exchange Forms E on a voluntary basis or it can be ordered when you commence financial court proceedings?
Our fees are charged on a time spent basis. The fees for attending court are significantly higher than the fees for drafting a financial agreement reached by consent. Your solicitor will explain the fees to you at the initial consultation.
Spousal maintenance is when a party pays ongoing maintenance to the other if this is fair in the circumstances. This maintenance is generally limited to a period of time to enable the receiving party to find their feet and become financially independent.
Child maintenance is maintenance paid for the children of the family and is dealt with by the child maintenance service, if it cannot be agreed between the parties.
Provided that you have parental responsibility you have equal rights as a father relating to your child’s wellbeing and upbringing
Usually until the child is 16 years of age and in exceptional circumstances, until 18.
This will depend on the age and understanding of the child and can vary significantly on a case by case basis. The court is required to consider the child’s wishes and feelings but this can get complicated.
This is when a parent may cause a child to experience loyalty conflicts or other conscious or unconscious pressures towards the other parent.
Consider agreeing the arrangements for the child by consent and prioritise the child's housing need.
Aim to reach an agreement about your children and money, belongings and the family home and take legal advice.
There is no such thing as a common law marriage in the UK.
Our fees are charged on a time spent basis. The fees for attending court are significantly higher than the fees for drafting a financial agreement reached by consent. Your solicitor will explain the fees to you at the initial consultation.
Spousal maintenance is when a party pays ongoing maintenance to the other if this is fair in the circumstances. This maintenance is generally limited to a period of time to enable the receiving party to find their feet and become financially independent.
Child maintenance is maintenance paid for the children of the family and is dealt with by the child maintenance service, if it cannot be agreed between the parties.
Controlling you, threatening you, tracking you, intimidating you, are some examples.
Yes, it is a form of emotional abuse.
Contact the Police, a family lawyer or a national domestic abuse helpline.
Manipulation, control, abuse and exploitation.
Flee from danger, Contact the Police, call a family lawyer or a national domestic abuse helpline
A prenuptial agreement is not automatically legally binding but can be enforced if it meets the fairness test as established by the case of Radmacher v Granatino (2010).
Some examples include if it wasn't signed on time, does not meet the needs of the parties, was not regularly reviewed and if it prejudices the financial needs of the children.
Both parties benefit if the agreement is fair and both parties have entered into it freely after taking legal advice.
The child arrangements such as where the child lives following a separation and personal matters between the parties.
Flee from danger, Contact the Police, call a family lawyer or a national domestic abuse helpline
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