Your divorce questions answered...

Divorce lawyer, Andrew Woolley, has very kindly given me permission to publish the following article in which he answers the most frequently asked questions about divorce and family law. Andrew's website can be seen at http://www.divorce-lawfirm.co.uk/

'Listed below are some of the most asked questions about divorce and family law and our responses. I hope this Article may help you help someone you know going through this difficult situation.

You may also find this divorce and family law jargon buster useful.

I've heard that a divorce takes years and costs thousands of pounds - is this true?

Not really. You might sometimes have to wait for two years before actually starting a divorce, if you have both agreed to base the proceedings on two-years separation and you have only just separated, but in all other cases a divorce takes between three and six months to complete, especially if you have expert representation to 'smooth out' any problems along the way.

As for the costs of a divorce case, a uncontested UK divorce can cost as little as £750 plus VAT and court fees. Initial advice is often available from as little as £50 plus VAT.

How do I know I'm getting good value for money - there seem to be a lot of variations in lawyer's fees?

A lot will depend on the number of years that the lawyer has been dealing with family and divorce cases. You may find a firm offering what looks like a low quote but what they may not tell you is that your case would be handled by a junior lawyer, or even a trainee. A fixed fee option helps you to understand what the divorce will cost in total and some firms now offer these.

Does a divorce include sorting out the house and finances?

No. A divorce these days is a 'stand alone' case as far as the courts are concerned, and any dispute about money or property is no longer part of a divorce case.

Apart from interim maintenance, you have to obtain a Decree Nisi before the court will become involved in any dispute about matrimonial finances or property. Even then, the court does not do this automatically. One of the parties has to commence a separate case (called an ancillary case) by filing further papers at court and paying a fee. Ancillary cases take many months to go through the courts and are also very expensive. There are at least two, and sometime three court hearings, and this type of case costs several thousand pounds by the time you have included barristers fees, valuers fees and many other fees and costs.

The best way to deal with matrimonial finances and property is to negotiate a settlement, and then ask the court to make an agreed final order. You don't have to appear in court for this, and it is much, much cheaper than a separate court case, just a few hundred pounds. For more details on financial settlements click this link.

If I agree to a divorce from my wife, will she automatically get custody of our children?

Custody and access no longer exist in legal terms. The court can no longer award custody of children to either parent, or order the parent who has the day-to-day care of the children to allow access to the other parent.

Instead the court has the power to make certain orders which may affect where the children live, how frequently you see them and so on. These orders will only need to be used if you cannot agree with your partner. The first step should be to try and come to an amicable agreement with your partner. If this is not possible you may wish to apply for a Residence or Contact order to secure your rights to contact with your children. Your lawyer can arrange this for you.

Is it true that if I split from my husband I will get half of everything?

Not necessarily. You can both agree to split everything like this if you wish, but if there is a dispute about the matrimonial assets, the court will take a lot of factors into account when deciding who gets what, including the length of the marriage, the needs of any children and the future housing, income and capital needs of both parties.

You really do need expert advice on the likely outcome of division of the assets at an early stage. Read more details here.

As soon as I mentioned divorce to my husband he said he'd stop paying to support our children. What can I do to ensure he continues to pay towards their upkeep and education?

As the courts no longer have the power to award maintenance for children it might be better to consider a separation agreement before obtaining a divorce. Such an agreement can include provision for child maintenance, and is enforceable through the courts. Once you have such an agreement you can obtain a divorce afterwards.

My wife and I have separated but do not want a divorce just yet - is there anything we can do as an interim measure?

If you have decided to separate, but do not want to consider a divorce for the time being, a separation agreement is strongly recommended.

Such an agreement sets out what you both agree should happen to the matrimonial home, and all the other assets such as savings and investments, endowment policies and pension funds. This means that there are no 'loose ends' which can cause problems later. Also, maintenance for children can be agreed in such a document. The courts can enforce all aspects of a separation agreement if necessary.

For more information read Separation Agreements

I understand from 5 December 2005 same sex couples were able to get married, is this true?

On 5 December 2005 the Civil Partnership Act became law, allowing same sex couples to register their partnership legally at their local registry office. This is not classed as marriage but does extend many of the same legal rights to the couple as a married couple would get. For a more detailed look at Civil Partnerships click here.


Divorce-lawfirm is the divorce and family website of Woolley & Co solicitors. Our head office is in Stratford upon Avon, Warwickshire, UK and we have lawyers throughout the country and can offer advice to British expats living overseas. If you are facing divorce or family law issues and need to consult a specialist solicitor contact us
http://www.divorce-lawfirm.co.uk/