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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?

The Decree Nisi is granted when a judge has reviewed all of the information regarding your petition for divorce, checked that satisfactory arrangements have been made for any children and that financial matters have been, or are being, resolved. However, the Decree Nisi does not mean that you are legally divorced.

 

The Decree Absolute is the final stage of the divorce process and can usually be applied for around six weeks after the Decree Nisi. During the six weeks following the Decree Nisi, the judge will ensure that all arrangements regarding any children are in place and that the resolution of financial matters is either complete or well under way. Provided that everything is in order, the Decree Absolute will be granted on application. Only once the Decree Absolute has been granted are you legally divorced and free to re-marry.

 

 

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?

 

Is it possible to adopt a child from abroad?