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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 involved your children should become in the decisions that are made about their future following your relationship breakdown depends on whether they are old enough and have the maturity to understand the situation. It is certainly advisable to take your children's wishes into account when making arrangements for their care, residence, contact with an absent parent or other details of their upbringing. Should the courts become involved, then it is more than likely that, if they are old enough, the wishes of the children will be taken into account when an order regarding arrangements for them is made.

 

 

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?