Frequently Asked Questions:Family Law
In a straight forward divorce, with the full co-operation of both parties, undefended proceedings take between four to six months.
On a private client basis, simple undefended proceedings would cost in the region of £975 to include solicitors' costs plus VAT and the Court Fees of £330. We can obviously advise you in respect of a defended divorce or one where the assets are substantial or facts complex as to our costs.
If the divorce is undefended and is relatively straightforward then you attendance at Court is unlikely since the divorce procedure can be dealt by post.
In circumstances where both parties have agreed that separation is intended to be long-term or even permanent, a written agreement can be useful. The agreement is signed by both parties, and it sets out the arrangements for children and finances. It provides both parties with evidence of what they have agreed, however, it does not necessarily bind the court in any subsequent divorce proceedings.
In these circumstances, a written agreement setting out the parties' respective rights in relation to any jointly owned property is preferable. The agreement can provide for division of property and other assets in the event that the relationship breaks down. It can also show the contribution made by respective partners at the outset of the relationship.
Any person can legally choose the name by which they are to be known by. If formal documentation is to refer to the new name, for example, a passport or driving licence, then it is beneficial for a formal change of name deed or statutory declaration to be prepared. This is a short process and costs approximately £75 plus VAT. It should be noted that the process in relation to children is more complex.
As with instructing any professional we would recommend that you choose a specialist, ideally a family lawyer or solicitor who deals exclusively with this complex and ever changing area of work. There are a number of specialist Law Society Panels and other organisations to which specialist solicitors are accredited. Members of our family department hold these panel memberships and accreditations.
It is common for the parties to make appropriate and safe arrangements for the children where an agreement can be reached. In these circumstances it is agreed where the children will live and how much contact they will have with the other parent. If agreement cannot be reached then either party can seek the assistance of the court, which will determine the precise arrangements in the best interests of the children. This can be a lengthy process.
Mediation is a means of resolving disputes by negotiated compromise. A mediator is a trained specialist who can assist the parties in discussions with a view to agreement being reached. Mediators can deal with all the issues of relationship breakdown or finances or children. If public funding is applied for then there is a requirement to attend a meeting with a mediator to assess the suitability of the case before a full public funding certificate is granted.
In the first instance, help may come via the police who should be informed of any assaults or other serious incidents of violence in the home. Steps can be taken to stop the abuse taking place. Solicitors can advise on injunction proceedings which may be to prevent further abuse and/or to remove the abuser from the family home. Other organisations may be called upon to provide practical assistance including creating a safety plan and helping to find a safe place to live.