Family Law & Divorce

Frequently Asked Questions on Family Law & Divorce

Q We have just seperated apart. It's no-one's fault . We are still on good terms. Can we get a divorce straight away?

A The only ground for divorce is on the irretrievable breakdown of the marriage. There are five different ways of proving this, two of which are adultery or unreasonable behaviour. The other three grounds are only available after a minimum separation period of at least two years. Our specialist family solicitors will advise whether there are grounds in your case. Alternatively a Deed of Separation may be the answer. In either case, we will also endeavour to help you deal with the dissolution of your marriage with as little contention as possible.

Q We have been living together for years, but decided we did not need to get married. I have been contributing towards the expenses but the house is in my partner's sole name. Am I entitled to 50% of everything?

A Not necessarily. This is by no means a straightforward question, as much will depend on intention as well as actual contributions in addition to identifying who actually owns the property (whether it is a house, a bank account or whatever). Expert advice is essential in a case such as this. If you telephone or e-mail any of our offices, we will be able to put you in touch with one of our solicitors who specialises in such matters.

Q My partner and I are unmarried and she has just had a child. Do I have the same rights as her because the baby has my name on his birth certificate?

A No. Only the unmarried mother automatically has parental responsibility for the child. In this case the parents should enter into a Parental Responsibility Agreement confirming that the rights of both parents are equal; and that they each share the responsibility equally as well. Our family lawyers can draft this Agreement for you. If you have difficulty then it is possible to apply to the Court for a Parental Responsibility Order. Again our experienced team will advise and represent you if a court application is necessary.

Married fathers, on the other hand, do enjoy equal rights.

Q How much will it cost and how long will it take?

A These are two of the most frequently asked questions of all! It is impossible to give a definite answer to either of them, because no-one will know at the outset of the case exactly what is involved in the way of law or evidence or the reaction of the other side. What we will do is tell you our charging rates at the outset. These are all calculated on an hourly basis, as that is what we are required to do by law. We keep a record of all the work we do, and are happy to update you whenever you request. As the case progresses it usually becomes easier to give you a firmer estimate, both as to costs and time, because the issues should be clearer by then. It may be that you are entitled to public funding (Legal Aid). If so we will tell you, so that you can approach a firm which does Public funding work, as not all of our offices undertake Legal Aid.

Q I am told that I have to disclose all my financial assets in my divorce proceedings. Is that true?

A Yes. Each party has a duty to give full and frank disclosure to the other. If there is a failure to do so, the court can impose a range of sanctions, from making you pay the other side's costs to imprisonment for contempt in the most extreme cases! Your solicitor will advise you on your obligations, and you will be able to discuss any concerns with him/her if you have any worries on that score.

Q Is it necessary for us actually to appear in court?

A Not so far as the divorce is concerned, provided that it is undefended. You may have to go however if you cannot reach agreement about financial matters, but in that event, our family lawyers will ensure that you are properly represented either by one of our specialist team, or by a recommended barrister. We will fully explain the process to you beforehand, and endeavour to make the experience as comfortable for you as possible.

Whatever the problem relating to your family matters, we should have an experienced family lawyer able to advise and guide you. Many of our lawyers are on specialist panels, such as the Law Society's Family Law Panel or the Children Panel; and are also members of the Solicitors Family Law Association.