Family Law Frequently Asked Questions

Family Law Frequently Asked Questions

Q.        What are the grounds for a divorce?

A.         Under the no-fault divorce laws in England and Wales, you can get a divorce if:

• You and your spouse have been married for at least a year;
• You satisfy the ground for divorce – your relationship has irretrievably broken down; and
• Your marriage is legally recognised in the UK.

Q.        How long will it take me to get a divorce?

A.         For a straightforward divorce, the minimum timeframe is 26 weeks (about 6 months), to the pronouncement of the final divorce order. However, we recommend delaying applying for the Final Order in divorce until after financial matters are resolved by way of a financial remedy order.  The timeframe to resolve any disputes in relation to finances will vary greatly depending on the complexity of the case. If matters can be agreed amicably, it is possible to deal with the finances alongside and within the minimum 6-month timeframe. However, if Court proceedings are required, it can take up to 12-24 months to run a financial remedy case to conclusion.  

Q.        My wife/husband has always supported me financially – how will I manage in the event of a divorce?

A.        If you have been financially dependent upon your husband or wife throughout the marriage, then you may be eligible for spousal maintenance after the divorce where appropriate. The Court would consider your and your spouses’ incomes and outgoings and then make an order for spousal maintenance if appropriate.The purpose of spousal maintenance is for a regular payment to be made to the receiving party only in the sum and for the term required to enable that party to adjust to independence without undue hardship. If making an order for spousal maintenance, the Court will only look to meet the receiving party’s reasonable needs, even if this means that the paying party has a greater surplus of income once all payments have been made.

A Court will expect both parties to maximise their income, depending on their circumstances. There is certainly a growing trend that the Court is keen for parties to move forward independently from one another as soon as is reasonably practicable, keeping in mind the needs of any children of the family. 

Q.        Will I have to pay child maintenance?

A.         If your child is not living with you and you are earning an income, then you are likely to have to pay child maintenance.  The level of child maintenance will depend on your income, the number of children you have and the number of nights the children stay with you. You can use the child maintenance calculator at https://www.gov.uk/calculate-your-child-maintenance to obtain an indication on the amount you might pay.

Q         How will our assets be divided?

A          If you cannot agree how to divide your assets yourselves or within a form of non-court dispute resolution, a Court would consider all of the assets of the marriage, including those available now, for example matrimonial home, savings, investments, business interests, etc. They will also consider both your pension provisions. The Court will consider a number of factors such as the length of the marriage, the age of the parties, health, earning capacity of the parties and ages of any children of the marriage.

Q         Can I force my wife/husband out of the house?

A          The Court can order a spouse to leave the matrimonial home or order them not to return to the home if they have already left. Whether the Court will order this will depend on the evidence. Along with other issues, the Court will consider whether there has been any history of violence/abuse or any threats of violence/abuse. This injunctive order can be obtained quickly and without the perpetrating spouse’s initial knowledge if necessary.

Q         What is parental responsibility and how do we decide what arrangements are in our child’s best interests?

A          A married mother and father of a child will automatically acquire parental responsibility. This effectively encompasses all the rights, duties, powers, responsibilities, and authority which by law a parent of a child has in relation to the child and his property.  If the parties are not married the mother automatically acquires Parental Responsibility. If the father is registered on the child’s birth certificate, then the unmarried father would also acquire automatic parental responsibility for that child. However, if the father is not registered on the birth certificate, then the unmarried father must acquire parental responsibility by entering into an agreement with the mother or by applying to the Court for an Order.If you are unable to agree the amount of time that your child spends with you and your ex-partner following separation, you could try to negotiate these arrangements yourself. through solicitors or attend mediation if this was appropriate. As a last resort, you could apply to Court for a Child Arrangements Order, which would set out the time that your child spends with their parents.When considering an application for a Child Arrangements Order, a Court’s paramount consideration is the welfare of any relevant child. A Court considers many factors including the wishes of the child depending on their age and understanding. The Court will look at the child’s physical, emotional and educational needs and the likely effect on the child of any change in circumstances and how capable each parent is to look after the children.

If you would like to speak to a family solicitor about your individual circumstances, call Sandy Hills on 01689 887887.