Frequently Asked Questions

A divorce can be obtained without any court attendance. You can apply via an online portal. You need to complete the forms and follow the guidance notes, which are intended to be straightforward and user-friendly.

You will first need to decide if you are applying as a sole applicant or as a joint applicant (with your ex), as the process is slightly different depending which route you choose.

The first step is the divorce petition itself. This will lead to the court making a conditional order, and then later a final order, which ends the marriage.

You can apply via the court portal

It would be usual to expect the divorce to take 6-8 months, because there is a “cooling off” period of 5 months during the process. It is often sensible not to apply for the final order until you have resolved any financial issues though – so it may sometimes take longer.

Many people choose their family lawyer through a recommendation from their family or friends. However, it is sensible to also check that their solicitor is also a member of Resolution. You can also check their credentials on Legal 500 and Chambers Guide, who provide reviews on family law firms.

Your family lawyer is an important advisor, and so you may want to have some informal discussions with one or two solicitors before making a final choice – it is important to appoint someone who communicates well, listens to your concerns, and instils confidence in you.

The best family lawyers will be good listeners and will be flexible in their approach to your case, depending on the outcome you want to achieve – rather than having a set way of working.

They will have excellent legal and communication skills, and will ensure that your case is managed in a way that reduces the stress on you, and remains within your financial budget.

We are a boutique firm and offer a personal service, tailored to your needs. We always put the client first. Our fee earners are consistently ranked as leaders in the field and we have a wide breadth of experience across all areas of family law. The size and structure of the firm means we can keep our overheads down and offer highly competitive rates, without ever compromising the quality of our service.

You will have to work closely with your divorce lawyer to make important decisions about your future. Aside from possessing all the right skills and legal knowledge, it is very important that you find someone you trust and with whom you have a good rapport. You must have absolute faith that your solicitor is putting you and your needs first.

Family lawyers charge by the hour. The more experienced they are, the more that they tend to charge. However, the price paid is not just about their experience, or prestige. It may also be affected by their geographical location, or the type of firm they are – bigger firms tend to have higher hourly rates, because of increased overheads.

So it is not always about price dictating the best lawyer, and care should be taken to make sure you get the lawyer that you need.

In your first meeting, you will be giving the background to your situation, so that the family lawyer can understand the legal help that you need.

It is sometimes helpful to provide some background information by email, prior to the consultation itself, in order to maximise time in the meeting. You can ask your solicitor if this would be helpful step.

As well as collecting information from you and understanding your circumstances better, you will also get a legal overview of the various routes that lay open for you, and the pros andc cons of each.

Family solicitors in England Wales specialise in all issues relating to family relationships. This is predominantly divorce and disputes over child arrangements, but it also encompasses a wide range of other services (pre-nuptial agreements, cohabitation agreements, adoption, surrogacy, domestic violence injunctions etc)

The benefits of having a family solicitor is to help guide you through all of your options, and to secure the best legal outcome for you. They will ensure that any agreements, or court orders, are prepared in a way that protects your interests. Having a family solicitor will also greatly reduce the stress that can be caused in trying to navigate a complicated process alone.

A Child Arrangements Order is a decision of the court which decides the arrangements for a child’s care, specifically who the child will live with and time they will spend with each parent.

Custody is no longer a term used by the family courts, The court instead talks about the arrangements for the children, to avoid using language which infers ownership or control.

The court will make its decision about a child’s arrangements based on the best interests of the child. In reaching a decision, the court will take into account the child’s wishes (depending on their age), their needs, any risks to the child, and the capacity of each parent to provide for the child.

In England and Wales, a child aged 16 has the legal right to decide where they want to live. This is unless there is a court order stating that the child must live with one parent until they reach 17 or 18. The court will usually seek to take into account the wishes and feelings of children over the age of 10 when making decisions about where they will live. However, it does depend upon the child’s maturity and whether the views they express have been influenced by either parent.

A Child Arrangements Order (CAO) is a decision of the court which determines the arrangements for a child, specifically who the child will live with and the time they will spend with both parents

The two main types of arrangement that may be made under a CAO are:
Lives with Order – this is where one parent lives with a child and has main day-to-day care of that child.
Shared Lives With order – this is where a child lives with both parents across their separate homes, though not necessarily on a 50:50 basis.

The court may make different arrangements if it considers this to be in the best interests of the child.

A Child Arrangements Order (CAO) will usually last until the child turns 16, or 18 if it only concerns where a child will live. If both parents are in agreement, arrangements can be changed between them. It is important that any changes are recorded and signed by both parties. However, a CAO may also be varied by making an application to the court. This is particularly useful where the parents are unable to agree to changes.

Before issuing an application for a Child Arrangements Order (“CAO”) parents should ideally try to reach agreement as to where the child will live through a mediator. A mediator will encourage the parties to communicate effectively and reach an amicable resolution through mediation rather than through timely, costly and sometimes hostile litigation.

If mediation is unsuccessful or not appropriate to the circumstances of the case, the parties may apply for a CAO. The parties will usually be expected to have attended a meeting about mediation before applying for a CAO.

Where a CAO is in place, then either parentmay apply to the court for a variation in the future if circumstances change meaning the Order should be reconsidered.

Parents should always put the needs of their children first when making contact arrangements. Generally, it is best for a child to spend time with both parents, so this should be encouraged where appropriate. Parents should also consider things like their capacity and availability to care for the child, the impact any changes will have on the child, and the location of the child’s school. Where possible, it is usually best to make arrangements by agreement rather than by seeking a court order. If they can reach an agreement themselves, there is no need for it to be formalised in a court order.

Generally a parent should not stop someone from seeing their child, unless this is in accordance with a court order. Where it is in the best interests of the child, the court will try to ensure both parents have contact with the child. However, a court may issue an order preventing child contact if there are issues which could risk the child’s wellbeing, such as domestic abuse, criminal activity or substance abuse.

‘Sole custody’ is a term that is no longer used by the family courts. The modern-day term is a Lives With Order. This Order describes a situation where one parent lives with a child and has main day-to-day care of that child. This information is set out in what is now known as a Child Arrangements Order. As the court usually seeks to maintain the involvement of both parents in a child’s life, a Lives With Order just in favour of one parent would only arise in very limited circumstances where this is in the best interests of the child. Where the parents share the child’s care, then a Shared Lives With Order

Child maintenance is a regular payment made by the paying parent to the receiving parent of a child following divorce or separation. It can also be payable even if the parents have never been in a relationship. The maintenance payments cover the child’s living costs when the care of the child is not shared equally. The person paying child maintenance, the “paying parent”, is the person who spends less time with the child. The receiving parent is the person who spends more time with the child.

The recipient of child maintenance payments is the person who has with whom the child spends more than 50% of their time. This could be a parent, grandparent or guardian. The person paying child maintenance, is the parent who who spends less time with the child.

Child maintenance, or child maintenance payments are calculated by the Child Maintenance Service using a six step process. This calculation takes various factors into account with the aim of arriving at a fair figure for weekly payments. Alternatively, child maintenance payments may be agreed privately between parents.

A child maintenance agreement must be in place if the child is under 16, or under 20 and still in full time education. Child maintenance payments may be agreed privately between parents, or by the Child Maintenance service (CMS). The CMS calculates weekly child maintenance payments using a six step process, which takes into account various factors with the aim of arriving at a fair figure.

Shared custody is not a term that is used by the family courts. The modern-day term is a Shared Lives With Order. is an order made by the court, stating that the child is to live with both parents (in the English and Welsh courts, this will be set out in a Child Arrangements Order). Shared Lives With Orders do not necessarily mean that the child will spend exactly equal amounts of time with each parent. It may also be the case that one parent is still responsible for making child maintenance payments to the other parent.

The split of assets in a divorce settlement will be decided by the courts on a case-by-case basis. The courts will consider factors such as the length of the marriage, any dependent children, the financial needs and responsibilities of each party, and the standard of living before the marriage broke down.

You and your ex-partner should try to reach a financial settlement by agreement, however if this is not possible you may apply to the court for a financial order. Before applying to the court for a financial order you must attend a meeting about mediation, unless this is inappropriate for specific reasons (for example, where there has been domestic abuse). The court will take into account the financial situation of both parties and issue an order setting out how assets and liabilities such as pensions, property, savings and investments will be divided.

What happens to the family home in a divorce is something that will be decided by the courts on a case-by-case basis. The courts will consider factors such as any dependent children and where they will be living, the age and gender of the children, capacity to pay the mortgage. In some cases, the court may order that the home is sold and the proceeds divided between the parties.

Pensions are considered along with other financial assets during a divorce. This means that the way pensions are divided will be decided by the courts on a case-by-case basis, with consideration of factors such as the length of the marriage, any dependent children, the financial needs and responsibilities of each party, and the standard of living before the marriage broke down.

Parties in a divorce need to be fully transparent and co-operative with the court, so trying to hide or dispose of assets to prevent your spouse accessing them is likely to result in penalties. There are other ways assets may be protected in a divorce. For example, by entering into a pre or post-nuptial agreement, which sets out how assets will be divided if the marriage comes to an end. Pre and post-nuptial agreements are not legally binding in the courts of England and Wales, but they may help the court in its decision making.

Generally savings acquired during the course of the marriage will be considered matrimonial assets, regardless of which partner they belong to. This means that they will be taken into account in the court’s assessment for the purpose of reaching a financial settlement. This does not necessarily mean that savings will be split equally, as the court will do what it considers fair in light of the financial needs and responsibilities of each party.

If it can be proven that the savings were acquired before the marriage, in some circumstances they may be excluded from a financial settlement.

Pensions are considered along with other financial assets during a divorce. This means that the way pensions are divided will be decided by the courts on a case-by-case basis, with consideration of factors such as the length of the marriage, any dependent children, the financial needs and responsibilities of each party, and the standard of living before the marriage broke down.

The length of time it takes to reach a divorce financial settlement depends on how quickly the parties are able to agree, which will vary from case to case. Parties going through a divorce may apply for a financial settlement when applying for the divorce, or at any time after that. The process involves a first appointment, a financial dispute resolution appointment and a final hearing. The first appointment will usually be 12 to 14 weeks after the application is made, and there can be several months between the appointments. It could take anything from 6 to 12 months, or even longer to reach a final settlement.

Surrogacy is legal in the UK, however there are a number of legal considerations to be made when going through the process. For example, surrogacy agreements are not automatically enforceable in the UK so must meet certain requirements for the court to consider them.

In a surrogacy arrangement the surrogate who has given birth will automatically be the child’s legal parent. This is the case even if the child and the surrogate are not genetically related. If the surrogate is married or in a civil partnership, the surrogate’s partner will be the child’s second legal parent. The intended parents of the child must obtain a Parental Order to become the child’s legal parents.

You may apply for a Parental Order within 6 months of the child’s birth by completing a C51 application form for a parental order and sending it to a family court. The child must be living with the applicant permanently in the UK, Channel Islands or Isle of Man. If you are applying as an individual, you must be genetically related to the child. If applying with a partner, one of you must be genetically related to the child. You will need to provide the child’s full birth certificate and the court fee of £255.

The court will set a hearing date and provide a C52 acknowledgement form, which must be provided to the child’s legal parents. The legal parents of the child must be in agreement for the Parental Order to be granted.

Note that the process is different in Northern Ireland and Scotland.

There are many practical considerations involved in surrogacy so it is important that all parties are clear on what is expected of them. It is a criminal offence for third parties, including solicitors, to negotiate the terms of a surrogacy agreement for any payment, however, there are a number of non-profit organisations which can lawfully assist with this.

Individuals are not permitted to advertise that they are seeking a surrogate or that they are a potential surrogate. There are however organisations that can help intended parents to find surrogates, where asking family or friends is not an option.

Using surrogacy for financial gain is not permitted, however, intended parents may cover a surrogate’s reasonable expenses, such as the surrogate’s loss of earnings, additional food and other supplements and maternity clothes.

Fertility lawyers can assist with navigating the often complex legal and practical considerations involved in matters such as fertility treatment, adoption, donor conception and applications for parental orders following IVF or surrogacy.

Sperm donors who donate through a Human Fertilisation and Embryology Authority licensed clinic will not be legal parents of any child born. They will not be named on the birth certificate and will have no legal rights over how the child will be brought up. They will also have no financial responsibility to the child.

Sperm donors who donate through an unlicensed clinic will be the legal father of any child born under UK law and will have certain rights and responsibilities.

The person who gives birth to a child will always be considered the child’s legal mother, even if the egg used has been donated by someone else. It is therefore important that a Parental order is obtained to transfer parental rights to the intended parents.

Adoption is the legal process where parental rights and responsibilities are transferred to the adoptive parents of a child.

This may happen in different ways, including:

• Adoption of a child from foster care;
• Fostering a child with a view to adopting them;
• Non agency adoption, for example adopting as a step parent; or
• Adoption of a child from overseas.

The first step in the adoption process is to contact an adoption agency. They will send you information about the process and then arrange to meet you. If you agree to continue with the process, they will provide an application form. When the agency receives your application it will invite you to a series of preparation classes. The agency will carry out an assessment process involving a visit from a social worker, a police check and seeking input from referees. You will also be required to undertake a full medical examination. An independent adoption panel will review the assessment report produced by the agency and make a recommendation. The approval process normally takes around 6 months.

If the adoption agency decides that you can adopt, it will begin the process of finding a childs. If the agency decides that you cannot adopt, you may challenge that decision by writing to the adoption agency or applying to the independent review mechanism.

To make an adoption legal you must then apply for an adoption court order, which gives you parental rights and responsibilities for the child.

Single individuals may adopt as long as they are over 21 years of age. Note that different rules may apply for private adoptions and adoptions of looked-after children.

A prenuptial agreement (or ‘pre-nup’) is an agreement made by a couple before they marry, setting out how their assets and liabilities will be divided in the event of a divorce.

Pre-nups are typically sought when one partner earns significantly more than the other or stands to come into a large amount of money, for example through inheritance. Pre-nups can however be useful for a range of other circumstances, for example if one or both partners has children from previous relationships, or if one partner has significant debt. Pre-nups are generally useful for couples of all incomes who want to avoid disputes in court.

A pre-nup serves to allocate assets, liabilities, and certain financial responsibilities in the event of a divorce. It therefore may include a detailed list of all assets and debts and what should happen to them if a couple divorces. It may also include arrangements for spousal maintenance payments. A pre-nup is limited to financial matters and cannot include child support or child custody matters. It also cannot include illegal or unfair matters.

While pre-nups are not automatically binding, they should be given decisive weight by the court as long as they meet certain criteria:

• The parties must have had independent legal advice;
• There must not have been any fraud, undue influence or misrepresentation;
• Both parties must have fully disclosed any relevant financial information; and
• The pre-nup is not profoundly unfair to one party

It is possible to update or change a pre-nup, as long as the revisions are made with the same formalities as the original pre-nup. This means that the parties must have had independent legal advice and there must not have been any fraud, undue influence or misrepresentation.

A post-nuptial agreement (or ‘post-nup’) is an agreement made after marriage which allocates assets, liabilities and financial other matters in the event of a divorce. A post-nup supersedes any previous prenup.

A couple may consider a post-nup where there has been a significant change in circumstances since marriage. For example, an unexpected inheritance or successful business venture which has altered a party’s financial status.

A post-nup will cover many of the same things as a prenup. This includes a detailed list of all assets and debts and what should happen to them if a couple divorces as well as arrangements for any spousal maintenance payments. A post-nup should also detail how any assets acquired after the post-nup should be handled. A post-nup is limited to financial matters and cannot include child support or child custody matters. It also cannot include illegal or unfair matters.

Post-nups are not necessarily harder to enforce than prenups. However an important factor in how decisive a prenup or post-nup will be is whether there has been any coercion or undue influence. It may be argued that coercion is less likely when the parties are still independent and make an agreement before they have entered into the marriage.