Frequently Asked Questions

General
Q. Do I actually have to be separated to get advice?
A. No - if you are simply contemplating separation we can advise you of your legal position before you make such an important decision.

Q. How will I pay for the case?
A. Our first appointment with you will always be free of charge so you can obtain initial advice without any cost or obligation. We will check whether you are eligible for public funding through legal aid, alternatively we will give you the best possible information as to the likely cost of the case and the options to pay by affordable instalments. You can also set a limit of costs above which we would not go without your consent.

Q. How do I know that my details are confidential?
A. All our family lawyers are bound by a strict duty of confidentiality consistant with the rules of practice issued by the Law Society.

Q. How can I tell you have specialist family lawyers?
A. Our head of the family Department Michael Haycock is a member of the Law Society Family Panel therefore accredited as a specialist in family law. Our other lawyers have many years of experience in this field.

Divorce
Q. What grounds can I use for divorce?
A. The three most common grounds are unreasonable behaviour, adultery and two or five years separation. In all cases the divorce will proceed far quicker with the co-operation of the other party.

Q. Adultery – how can I prove this?
A. Generally petitioning on the grounds of adultery is only practical with the written admission of the other party as otherwise it can be very expensive to actually prove adultery has taken place.

Q. Unreasonable behaviour - what counts?
A. This can range from relatively trivial behaviour to serious allegations such as violence. The court has to be satisfied that the behaviour has caused a marriage breakdown. Most petitions on grounds of unreasonable behaviour go through by consent.

Q. Seperation - how long do I have to be separated?
A. You can petition on the grounds of separation only, without making any allegations of fault, after two years separation if your spouse agrees, or five years seperation otherwise. You can also petition on the grounds of desertion but that is comparatively rare these days.

Children
Q. What does Residence and Contact mean?
A. These are new terms introduced by the Children Act for custody and access.

Q. Will an order for the children be made in every divorce?
A. No, these days the court do not make any order unless there is a specific need to do so.

Q. If there is no order will there be something in writing about arrangements for contact etc?
A. Yes, at the start of the divorce the parties will complete a statement of arrangements for children setting out their views regarding residence and contact.


Residence
Q. Don't mothers always get Residence?
A. The philosophy of the court is generally that the children should stay where they are unless there is a very good reason to move them. The older the child is the more weight the court would give to their wishes if residence was contested. There is no presumption in favour of mothers over fathers although in the vast majority of cases it is the mother that retains residence.

Contact
Q. Is there a formula for how often I can see my children?
A. No -the Court judges each case on its merits but there is a general principle that regular contact with the children is in their interests.

Q. If I can not agree contact arrangements with my spouse what can I do?
A. We can help you to apply for a contact order from the County or Magistrates Court if all negotiations have broken down regarding contact.

Q. Isn't contact about my rights to see my children?
A. No - it is more about your children's rights to have contact with both parents