Frequently Asked Questions
Most separating and divorcing couples will resolve the financial and children issues amicably between themselves or with the help of a family solicitor. However there are times when Court proceedings are necessary for a number of reasons. Whether you choose to represent yourself or you have instructed a solicitor or barrister, you can find more advice about how to prepare and plan to appear in court here.
Yes – is the short answer. People often do this to save costs or because they cannot afford legal costs. Only 20% of family cases actually progress to court however. There can be three elements to a case; divorce, financial settlement and children. The relevance and complexity depends on the individual case. It can be very difficult to pursue the correct course of action without specialist legal advice. For more information, read our guide on representing yourself in family court here.
Usually an uncontested divorce process takes about four to six months to complete. This is mainly due to the court turn around times. Any issues to do with the children or finances could take longer, often between six and twelve months. It is always worth seeking the advice of a family law specialist to ensure that the process is fully and properly completed and that you have fully investigated the financial implications involved. You can find advice to ensure your divorce is as quick & easy as possible here.
This can be an immediate concern when a relationship breaks down. The focus should be to agree a level of interim maintenance to ensure that the mortgage and bills are paid. Sometimes tax credits become available which can supplement a person’s income. However, if an agreement cannot be reached then you do have the right to apply to a court (through a divorce) for interim maintenance and/or to apply to the Child Maintenance Service for child support maintenance. Seek advice from us and we can help to make any necessary applications for you.
Whether or not the family home has to be sold will depend on the facts of your case. In most cases one of the concerns is how everyone (including the children) are to be accommodated. The parties will eventually separate and where there was one home there will then be two. This can mean that the family home is sold and the net proceeds of sale are divided so that everyone can find a new home. This does not necessarily mean, however, that there will be an equal split of the money. We can provide you with advice in relation to the finances. Much depends on everyone’s needs and what is in the matrimonial pot. It may also be possible to postpone the sale of the family home until the children have left home or to offset the family home against other assets (including pensions) so that the property can be retained. Legal advice should be obtained to see what relevant options are available.
An average undefended divorce usually costs in the region of £500-1000 + VAT for the solicitor. In addition there is a court fee of £593 to start the proceedings and to obtain the decree absolute at the end. Other cases can be more complicated for example where there is an international element to them . If there are any other issues, for example, in relation to the finances or the children then the costs are likely to be more. We can provide you with a best estimate of costs on a case by case basis and/or as the case progresses to relevant stages.
