Frequently Asked Questions for Family Law

 

 

 

How long do I have to be married before I get a divorce?

You have to be married for a least 12 months before you can obtain a divorce.

 

What are the grounds for divorce?

Since 1968 there has been only one ground for divorce and this is "the irretrievable breakdown of the marriage". However, you have to prove irretrievable breakdown in one of the following five different ways: adultry, unreasonable behaviour, desertion for two years, separation for two years where the other person consents to the divorce or separation for 5 years where the other person does not consent.

 

How long does it take to obtain a divorce ?

The length of time does vary but if the parties co-operate, the time taken to obtain a divorce is normally between 3 to 5 months

 

Will I get custody of the children ?

Since the introduction of the Children Act 1989, the Court now makes residence and contact orders. The Court will not make an order in respect of residence or contact unless there is a dispute between the parents.

Who pays maintenance for the children ?

If the children are living with you then your partner should help you to look after them. If your partner is not paying any money for the children then you can apply to the Child Support Agency for help. They are responsible for collecting money for you from your partner to help you look after the children.

 

What ia a Decree Nisi ?

A Degree Nisi tells you that your divorce is almost completed. When the Court give you your Decree Nisi you have to wait six weeks and one day before you can make your divorce final. This is to allow time for anyone who obtjects to the divorce to tell the court why.

 

What ia a Decree Absolute ?

 

When the Decree Absolute is issued, this means that your divorce is complete and you are no longer married to your partner. Until then you remain married.

 

Is it true that if I split from my husband I will get half of everying?

Not necessarily - You can both agree to split everything 50:50 if you wish but if there is a dispute about the matrimonial assets, the Court will take a lot of factors into account when deciding who gets what.

 

Will I lose my interest in the house if I move out ?

The house will be taken into account when dividing the assets whoever lives there.

 

What do I do if I cannot afford a solicitor ?

You may be entitled to Public Funding (Formerly known as Legal Aid). As a firm, we are permitted to carry out publicly funded work for our clients if they qualify.