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?
Under Section 8 of the Children Act 1989 the court can make a number of different kinds of orders in private law children matters.
Residence orders: Where there is a dispute about a child's residence, or there is a question about the child's welfare the court can make a residence order. The person named in a residence order as living with and caring for a child obtains parental responsibility.
Contact orders: A contact order is made to define arrangements for a child to have contact with the person named in the order. This is usually a parent, though this kind of order can also be made to define arrangements for contact with other relatives, for example grandparents or siblings.
Prohibited steps orders: This kind of order prevents an individual with parental responsibility from taking actions that they would otherwise reasonably be able to take. In cases where the parent who has primary care of the child has concerns that the absent parent may abduct or harm the child, they can obtain a prohibited steps order to prevent the absent parent from having contact with the child, except under specific conditions - for example by prior arrangement and under supervision.
Specific issue orders: These orders are made to resolve specific disputes between parents who share parental responsibility.
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?
Which Court will deal with the adoption?
Someone is trying to adopt my child without my consent - what should I do?
