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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?

 

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

If you wish to contest the adoption of your child, it is essential that you take legal advice specific to your situation. However, the court will only make an adoption order without your consent if it believes that it is absolutely necessary. This may be due to concerns over the child's safety. Any evidence that the court has will be given to you and you should take advice from a solicitor as soon as possible.

 

The court will also ask a children's guardian to visit you. This person will always act in your child's best interests and will discuss with you your reasons for contesting the adoption. They will report your reasons to the court so that the judge can take your views into account when considering the case. You could also attend a court hearing to explain your reasons in person. Your solicitor can give you advice on how to proceed. You may also like to visit our pages on child care law for more information on our specialist child law services.

 

Is it possible to adopt a child from abroad?