Frequently Asked Questions
Leading Family law specialist in the field
How much will a Divorce cost?The Court fee to lodge a Divorce Application is £593 and this covers the entire process. There will be additional costs to instruct a solicitor. Sometimes it is agreed to be shared between the parties or this sometimes the solicitor’s hourly rate applies. Using a solicitor will enable you to receive full advice and assistance throughout the entire process and prevent mistakes and delays from occurring.
|
I think I am on my child’s birth certificate, what are my rights?A mother automatically has parental responsibility rights. However, as of 1st December 2003, a father will need to be registered on the birth certificate, be married to the mother or have entered into a Parental Responsibility Agreement with the mother in order to acquire these rights. Otherwise, the father will have to make an application to the Court to be involved in the decision making in respect of the child.
|
My partner is abusing me, how can I protect myself?The definition of abuse has extended over time and this may cover domestic abuse, psychological abuse and / or financial abuse. Depending of the facts and details of the case, you may be able to obtain an injunction which will offer protection where you are a victim of abuse. I can prepare the case quickly and be in Court within a short space of time if an injunction needs to be obtained. I am able to give full advice to ensure that the criteria is met and all the options available to the victim to ensure their safety.
|
I want to be the main carer for the children, how do I get an Order to reflect this?If you have reached an agreement with the other parent as to who should be the primary carer, and the child / children are not at risk of harm, then there is no need to obtain a Child Arrangements Order to reflect this arrangement. However, in the event that an agreement cannot be reached, then alternative options can include: correspondence between a solicitor and the other party; setting up Mediation; or thereafter Court intervention may be necessary to resolve this issue.
|
We are not married, but have lived together for over 20 years and now we are separating, how can you help?I will explore whether any formal agreements or informal agreements were made between the parties from the outset. I will then ask for any documentation to support this, particularly if one party may have relied on this agreement or promise. This may include a Declaration of Trust in relation to the ownership of the property. I will determine what assets are owned jointly and individually and then work out the best and fair outcome in the circumstances.
|
My Partner has threatened not to return the children, what can I do?If the threat seems genuine, an emergency application can be made to Court for a Prohibited Steps Order, often with a Child Arrangements Order, to confirm who the primary carer is and put restrictions in place to prevent future removal.
There are a number of factors to be considered in a case like this, such as whether there have been any previous attempts to remove the children in the past, if / where the other party is likely to relocate and the children’s support network. |
I would like to Divorce and own the house jointly with my spouse, can I keep the house ? |
I don't live in Kent, can I have an appointment ? |
It is important to note that each case of Divorce is determined on its own merit and the financial settlement achieved is dependent on the facts of the individual case. This is why it is important to obtain appropriate legal advice to best understand your position.
A Court will consider many factors in determining a Divorce settlement. This can include: the fairness of the outcome, the needs of each party, who the children’s primary carer will be, ensuring the children’s needs are met and that they have accommodation, whether there can be an equal division of assets and whether a clean break can be achieved. |
Yes you can, please get in touch and I will schedule a consultation to take place via a Cloud video platform as I now operate remotely.
|