Q: How long does a divorce take?

Uncontested, divorce will take several months , how many will depend on how busy the courts are at the time. Your divorce solicitor will be able to give you a clear idea based on when you start the process and how complex it is.

Q: Can I refuse child contact?

Concern about your child’s safety with your ex-partner is the only reason residence or access would be denied. If you are concerned, you can get an Emergency Residence Order, which would limit parental responsibility to whoever has the order. These orders are only used in the case of harm or potential harm to the child.

Question 1

Do I need to provide grounds for divorce?

Accepted Answer

No! You do not need to prove that your marriage has broken down using grounds for divorce. All you need is solo or joint statement that your marriage has broken down irretrievably.

Question 2

How long does a divorce take?

Accepted Answer

Uncontested, divorce will take several months, how many will depend on how busy the courts are at the time. Your divorce solicitor will be able to give you a clear idea based on when you start the process and how complex it is.

Question 3

What am I entitled to in the divorce?

Accepted Answer

When you divorce, you will have agree on how to split your assets, including financial assets such as savings, property, investments, pensions and debts, as well as any business assets you own. A divorce lawyer can help you assess these and come to a compromise with your ex-partner.

Question 4

Do I have to go to court to arrange child custody?

Accepted Answer

You don’t need to arrange child residence through the court. It is simpler (and cheaper) if you decide this amicably between yourselves. If you are unable to agree, you may need to use a family mediator to help you reach a decision. If discussion totally breaks down, a divorce solicitor can negotiate on your behalf.

Question 5

How much does divorce cost?

Accepted Answer

The cost of a divorce depends on a number of factors, like whether it’s contested by you or your spouse, and divorce solicitors fees. The initial application for divorce costs £593 (not including solicitor fees). Other fees, such as family mediation and court fees will be added.

Question 6

What do I do if my ex-partner won’t let me see my child?

Accepted Answer

Ideally, your ex-partner will agree to mediation, which would help you find a way to compromise around your child’s time and how it’s spent. If your ex-partner refuses mediation, you will need to speak to a solicitor who can guide you through getting a court order.

Question 7

Can I refuse child contact?

Accepted Answer

Concern about your child&rsquo;s safety with your ex-partner is the only reason residence or access would be denied. If you are concerned, you can get an Emergency Residence Order, which would limit parental responsibility to whoever has the order. These orders are only used in the case of harm or potential harm to the child.

Question 8

Should we use mediation for child contact arrangements?

Accepted Answer

Using mediation is the best option if you are on fairly good terms with your ex-partner, but just want some help in coming to a fair agreement that benefits your child. If mediation has been rejected, or you cannot get any access to your child, speak with a solicitor.

Question 9

What are contact rights for grandparents?

Accepted Answer

There are no automatic legal rights given to grandparents. You should start with mediation if you are concerned about your grandchild&rsquo;s safety. If the mediation doesn&rsquo;t work, Your solicitor may advise you to get a court order.

Question 10

How much will arranging child residency cost?

Accepted Answer

Mediation and solicitor fees vary. These will be based on the time taken and the complexity of your case. If you are applying for a court order, this will be around &pound;215. Speak to a solicitor to get a better idea of what pursuing child residency might cost for you.

Question 11

What are you entitled to when cohabiting?

Accepted Answer

Unmarried partners or those without a civil partnership do not have many rights when it comes to finances, property, or children. A will or Cohabitation Agreement can outline any stipulations you want in a cohabiting relationship.

Question 12

What happens when cohabiting couples split?

Accepted Answer

When cohabiting couples split up, there is not necessarily any financial responsibility shared. There will be no legal reason for you to provide your ex-partner with financial support unless a child is involved.

Question 13

What happens to the children when unmarried couples split?

Accepted Answer

In England and Wales, legal parents are required to financially support their children through the Child Maintenance Service government scheme. Any maintenance and custody agreements can be decided with the help of a mediation or court proceedings.

Question 14

Is a cohabiting partner entitled to half my assets?

Accepted Answer

No, if one ex-partner owns the shared property, they&rsquo;ll have the rights to it. However, if the other has made significant financial contributions to the property, they can claim an interest in the home, also known as a &lsquo;trust&rsquo;.

Question 15

How do I choose a great solicitor during a cohabitation breakdown?

Accepted Answer

Check a legal firm's experience and asking for examples. You'll also want to check reviews online, and spend some time speaking to your potential solicitor, to see if they offer everything you expect.

Question 16

Who has parental responsibility?

Accepted Answer

The mother of a child will automatically have parental responsibility. If the father or a second female parent is married or in a civil partnership with the biological mother at the time of conception, they will also have parental responsibility.

Question 17

How can a legal expert help in matters of parental responsibility?

Accepted Answer

A legal service provider can provide you guidance on how to apply for parental responsibility. This will include advice on parental responsibility agreements and applying for a court order if an agreement cannot be reached on a specific issue.

Question 18

What if one parent lives apart from children?

Accepted Answer

A parent with parental responsibility who lives separately from their children still has the same rights and obligations to them and has a right to be involved in deciding what is best for their child.

Question 19

Can you remove parental responsibility?

Accepted Answer

To remove parental responsibility, you must make an application to the court. It is rare, but the court can remove parental responsibility from a parent in very specific circumstances if they deem this to be the best option for the child.

Question 20

Can a mother lose parental responsibility?

Accepted Answer

A biological mother cannot lose parental responsibility unless the child is adopted or if she is a surrogate.

Question 21

Does domestic violence only apply to married couples?

Accepted Answer

No, domestic violence does not just apply to married couples, it can happen within any relationship between two people or within family relationships.

Question 22

How do I report domestic violence?

Accepted Answer

Domestic violence is a crime and should be reported to the police. If you are in immediate danger or if it is an emergency call 999. If it is not an emergency, contact your local neighborhood policing team.

If you or a loved one is a victim of domestic abuse the domestic violence helpline in the UK is 0808 2000 247. For legal aid, getting in touch with a solicitor can help you understand your next steps.

Question 23

Is emotional abuse also domestic violence?

Accepted Answer

Yes, emotional abuse is a form of domestic violence. Domestic violence/domestic abuse includes physical, emotional, and sexual abuse between partners or family members.

Question 24

How do I pursue a domestic violence case?

Accepted Answer

If you have reported domestic violence and want to pursue a case, a legal service provider will be able to offer you expert advice on the best options available to ensure that you are protected from future abuse.

Question 25

Do domestic abuse cases go to court?

Accepted Answer

Yes, domestic abuse cases can go to court. A legal expert will represent you in court if the case progresses to that stage, but they can also provide invaluable guidance and advice on the processes and procedures involved in domestic violence cases.

Question 26

When should I draw up a Cohabitation Agreement?

Accepted Answer

You can make a Cohabitation Agreement at any point during your relationship, but it is a good idea to draw one up before you move in together to provide you with some peace of mind.

Question 27

Can I write my own Cohabitation Agreement?

Accepted Answer

Although you can write your own Cohabitation Agreement using a template, it is important to get legal advice to ensure that your agreement is fair and covers everything.

Question 28

Can I update my Cohabitation Agreement?

Accepted Answer

Yes, you can update a Cohabitation Agreement. It is important to update your agreement if you have any major updates such as purchasing a new house, having a child, or any significant changes to your financial status.

Question 29

How much does a Cohabitation Agreement cost?

Accepted Answer

The cost of a Cohabitation Agreement will depend on factors such as your location and the solicitor you use. Your solicitor may use a fixed fee for their services or can give you a free estimate of how much their services will cost.

Question 30

What are you entitled to when cohabiting?

Accepted Answer

If you live with your partner but you are not married or in a civil partnership, you do not have many rights surrounding finances, property, or your children. A Cohabitation Agreement can help you protect your interests.

Compare Family Law Solicitors

Break up Advice

Starting Divorce Proceedings

Respond to a Divorce Petition

Cohabitation Breakdown

Domestic Violence

Family Mediation

Civil Partnership Breakdown

Children Advice

Parental Responsibility

Child Residency & Contact

Child Abduction

Child Holiday Arrangements

Other Child Issues

Relationship Advice

Prenup / Postnup Advice

Gender Recognition Advice

Cohabitation Advice

Help and Advice

How Long Does a Divorce Take in the UK?

How Much Does a Divorce Cost in the UK?

How Much Child Maintenance Should I Pay?