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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?

It is always necessary to disclose a lot of personal financial information in ancillary relief cases and you will have to work, in conjunction with your solicitor, to bring together all the necessary details of your personal finances as early as possible. Without all the relevant information, your solicitor cannot give you the best advice, and a judge cannot make a financial order.

 

If an agreement or order is made, and it is later discovered that either you or your ex-spouse withheld relevant information, the agreement or order could be overturned. With this in mind, it makes sense to disclose all the relevant financial information as soon as possible. This helps your case to proceed as swiftly as possible and, importantly, keeps your costs down.

 

 

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?

 

Is it possible to adopt a child from abroad?