We appreciate that coping with the process of divorce is emotionally one of the hardest things you will ever experience. The wider implications such as the effects of divorce on your children and resolution of complex financial issues are additional concerns that we will endeavour to counteract.

We strongly believe that the key to reaching a positive settlement is through maintaining a civilised relationship between all parties. We always aim to keep conflict to a minimum for a smoother path to resolution.

YOUR QUESTIONS ANSWERED:

Q: I am unsure whether to seek a divorce or just separate?

A: This decision is often determined around a number of factors. If you think your marriage could possibly be resolved or you have strong moral or religious views regarding divorce, a separation could be the solution. We can assist you with either a formal separation through the courts or an informal separation agreement, both of which we will address financial implications and arrangements regarding children.

Q: What are the actual implications of getting a divorce?

A: Once a divorce is finalised, it will mean that your marriage has legally ceased and both parties are free to remarry. All associated factors will be addressed during the process, including the division of financial assets and arrangements regarding the children.

Q: I don’t know if I can afford a divorce. How much will it cost?

A: The costs are determined on a case-by-case basis, taking into account various factors, including the length of time taken for both parties to reach financial agreements and decisions regarding children. If no decision can be reached, the Court will have to decide and this can work out far more costly. Please see our ‘COST STRUCTURE’ section for more information.

Q: How long will it take for the divorce to be finalised?

A: This depends on the circumstances surrounding the divorce. If both parties have reached an amicable agreement in advance regarding assets and child arrangements, it can be completed in as quickly as 6 months. However, if no agreement can be reached, the court process will inevitably take far longer and consequently become a lot more expensive.

Q: Will I have to face my ex-partner in court?

A: Although you have to apply to the court to initially obtain a divorce, you will only need to physically attend court if there is a major disagreement that cannot be solved. As members of Resolution, we will ensure that if there is any face to face meeting in court, emotional distress will be kept to a minimum.

Q: I have heard about collaborative law. What is it?

A: Collaborative Law is a family law process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of Court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of contested litigation. The voluntary process is initiated when the couple signs a contract  binding each other to the process and disqualifying their respective lawyer’s right to represent either one in any future family related litigation.

The collaborative process can be used to facilitate a broad range of other family issues, including disputes between parents and the drawing up of pre and post-marital contracts.

Q: Having already separated, I am on a limited income. Will I have to pay or will my partner?

With a divorce petition based on allegations of your spouse’s unreasonable behaviour or adultery, you can ask the court to make an order that your spouse pay your costs for the divorce. However, an order for costs would not be made until the Decree Nisi stage of the divorce, therefore, if you are successful with obtaining a costs order, the costs might not be recovered until the conclusion of the case and even then, an order for costs does not guarantee that your spouse will actually pay. You would need to ensure that you have the funds available to commence divorce proceedings. Child Law Partnership can offer difference levels of service according to your financial circumstances and we would talk to you about our fees and your circumstances at our initial meeting. For example, rather than our prepare and issue the divorce on your behalf, we might be able to assist you to deal with the court paperwork yourself, in order to keep your legal fees down.

Q: There has been domestic violence within our marriage. Will my children and I be safe during the divorce proceedings?

Child Law Partnership takes the issue of domestic violence very seriously and in the event that you believe that your spouse will react violently towards you when he or she learns of the proposed divorce, there are steps that we can take to protect you and the children. In such circumstances, we can apply to the court for a Non-Molestation Order (commonly known as an injunction) which will prohibit your spouse from using or threatening violence towards you and the children and, where appropriate, the order can prohibit your spouse from coming near your home, place of work and children’s schools.  Where necessary, the application can be obtained without your spouse’s knowledge, and we would time the application to coincide with issuing your divorce petition so that your spouse is served with the injunction order and divorce paperwork at the same time. A breach of an injunction order is a criminal offence and the police would have the power to arrest your spouse and charge him or her in the event that he or she breaches the terms of the order. We would liaise with you throughout this process to work out the best of way of ensuring your and the children’s safety.

Q: Will the court take away my children?

A: It is very rare for a Court to make the decision regarding the parental rights, unless there is a specific concern regarding the safety or wellbeing of the child or a specific request from one parent that is contested by the other. It is best for everyone involved if an amicable agreement can be reached outside the Court with the child’s best interests at heart. If an application is made from one parent, the Court may decide with which parent the child will live and the amount of time the child will spend with the other parent.

Q: How will the financial assets be divided?

A: This is a complex issue with many factors that need to be considered, such as the length of your marriage, financial contributions during the marriage, your needs and the needs of any children, and the overall financial assets.

Q: I am in a same sex partnership. Will the court treat our situation any differently?

A: If you and your partner previously entered into a formal civil partnership, your case will be treated identically to a heterosexual married couple. If you did not enter into a formal civil partnership, your relationship breakdown will be treated in the same way as a heterosexual unmarried relationship separation.

Q: What shall I do next?

A: Please do not hesitate to contact one of our offices so we can talk you through the next steps and book an initial consultation. Our offices are situated in Basingstoke and Guildford.