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Family Law - Frequently Asked Questions

Below are some of the questions our family lawyers are often asked by clients.

Click on each question to find out more.

 

Divorce and Separation

 

How do I start divorce proceedings?

 

Do I need a solicitor to get a divorce?

 

How long will my divorce take?

 

Do I have to prove my marriage breakdown is someone's fault in order to get a divorce?

 

Can my spouse contest my petition for divorce?

 

What is the difference between decree nisi and decree absolute?

 

Will we have to go to Court?

 

 

Financial Matters

 

How will financial matters be decided?

 

Am I entitled to half of everything in the financial settlement?

 

I haven't contributed much to the family finances during our marriage as I have been a full-time parent/homemaker/carer - what am I entitled to?

 

How much personal financial information do I have to provide?

 

 

Children matters

 

What kinds of Orders could the Court make concerning my children?

 

I am worried that my ex-partner could take our children out of the country - what can I do to prevent this?

 

Who will decide who my children live with after the divorce?

 

Do I have to involve my children in making the decisions that will affect their living arrangements or parental contact?

 

How will the amount of maintenance I/my ex-partner pays for our children be decided?

 

 

Adoption

 

Who can adopt?

 

How does the adoption process work?

 

Which Court will deal with the adoption?

Adoption proceedings are dealt with by a number of different courts.

 

  • Proceedings can start in a Family Proceedings Court (Magistrates Court). However, complex cases may be transferred to a specialist Adoption Centre.
  • Adoption Centres are County Courts that have specialist judges and officers who are experienced in dealing with adoption cases.
  • Adoption proceedings may also be dealt with by the High Court.

 

If there is a court order relating to the child you are adopting, you may also be able to begin proceedings at the court where the order was made (however if this was a County Court, you can only do this if it is also an Adoption Centre). Your solicitor can give you more information relating to your specific case.

 

Someone is trying to adopt my child without my consent - what should I do?

 

Is it possible to adopt a child from abroad?