FAQs about Family Law

Frequently Asked Questions

How can I start a divorce ?

You can only commence proceedings if you have been married for longer than 12 months.  If so, you will need to prepare a divorce petition and submit it to the courts.  The other side will receive an acknowledgement form, which they have to return to the courts.  The next step involves the issuing of a decree nisi.  After six months and one day, you can then apply for a decree absolute, which will make the divorce legally complete.

How long will it take to get divorced ?

It depends on how complex the divorce is.  For relatively straightforward divorces, it could take from two to six months.  Where there are children involved and disputes over finances, you can expect it to take from six up to a year.

I am having trouble paying the bills.  What can I do ?

We would aim to come to an agreement over interim maintenance with the other side to ensure the bills are paid.  If it proves impossible to come to an agreement, you can make an application to the courts.  If there are any children, you can apply to the Child Support Agency for child support maintenance.

How much will I get from a financial settlement ?

No two cases are alike, so it is very difficult to say.  However, the courts do bear in mind a number of factors, including:

  • the welfare of any minor children is paramount
  • income, earning capacity, assets and financial resources
  • financial needs
  • standard of living of both parties
  • age of both parties
  • the length of the marriage
  • state of health of both parties
  • · contributions (financial and non-financial)


How will the courts decide on where the children will live ?

If possible, it is generally best to try and settle the issue outside of court, using mediation if need be.  However, if an agreement cannot be reached, you can apply to the courts for either a residence order to have the children live with you or a contact order to have the terms on which you see your children set out.  When issuing residence and contact orders, the welfare of the children is considered paramount.  For a residence order to be issued, it will have to be shown that the parent is fit to take care of children.  The courts will also employ a CAFCASS family reporter to compile a report.  Although the courts have the ultimate say, they will base their decision on information contained within the report.

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