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?
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
How does the adoption process work?
Essentially, adoption is the transfer of parental rights and responsibilities for a child. The birth parents lose all right to claim the child back once an adoption order has been granted. The process of legally adopting a child is done through the courts - usually through a specialised adoption centre which has specialist judges and adoption officers.
Once the application has been received by the courts one or all of the following may happen:
- A Children and Family Court Advisory Support Service (CAFCASS) officer may be appointed to act as the child's guardian (if the child is a party to the proceedings), a children and family reporter, or a reporting officer;
- The local authority or adoption agency (if you are adopting through an agency) may be asked to provide background information on the child, the child's parents or guardians, and you and your family.
- There will be a 'first directions hearing' usually about 4 weeks after your application is received. Here the judge will review the contents of the application ensuring all necessary information is in place and will set a date and time for the final hearing.
At the final hearing the transfer of parental rights and responsibilities to the adoptive parents will be completed.
However, because of the often sensitive nature of adoption cases many cases are complex and your solicitor will be able to give you specific advice about how matters will proceed in your situation. Contact us for more details.
Which Court will deal with the adoption?
Someone is trying to adopt my child without my consent - what should I do?
Is it possible to adopt a child from abroad?
