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?
To start divorce proceedings, you must have been married for at least one year. The first step is to complete a 'petition for divorce' - this is a form you can obtain from the HM Court Service, or from your solicitor. In this form, you must give the court proof that your marriage has 'irretrievably broken down'. The kind of proof acceptable by the court falls into five broad categories, and you must show that one or more of these applies to your marriage:
- that your husband or wife has committed adultery and that you find it intolerable to live with him or her;
- that your husband's or wife's behaviour has been so bad that you can no longer bear to live with them;
- that your husband or wife deserted you at least two years ago;
- that you and your husband or wife have lived apart for two years and he or she agrees to a divorce; or
- that you and your husband or wife have lived apart for at least five years.
Once completed, the form, along with a copy of your marriage certificate and details of any children who will be affected by your petition for divorce, is sent to a County Court which deals with divorce. This sets the divorce process in motion.
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?
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?
