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?
Resolving issues around ownership of shared property and other financial matters after the breakdown of a marriage or civil partnership can provoke serious disputes. However, where possible, most practitioners of family law would recommend that these matters are best agreed by the divorcing partners themselves, with the advice and support of a solicitor. Switalskis family law team takes a non-confrontational approach to helping our clients to reach a satisfactory resolution to financial affairs following divorce. Our Solicitors will advise on your rights and responsibilities which will help you negotiate with your ex-spouse from an informed position.
You may like to consider other ways of resolving any disputes that arise around finances - for example you could try collaborative law or family mediation. The expertise of specialist collaborative lawyers or an experienced family mediator could help you and your ex-spouse to work through and diffuse financial disputes arising from your divorce, allowing you to reach an equitable solution.
In the event that negotiations are not successful, it is possible to apply to the court for a financial order (known as ancillary relief). In this case, the division of your assets and matters of financial support will be decided by the court if you and your partner cannot reach an agreement. The advice and support of a specialist solicitor is invaluable in such a situation.
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?
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?
