FAQs: Family
Q. How soon can I file for Divorce?
In England you can get divorced if your marriage has broken down irretrivably, usually proved by allegations of adultery or unreasonable behaviour, or if there has been 2 years' of continously living apart.
Q. Will we have to go to Court during our divorce?
No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.
Q. Will I lose touch with my children?
Your aim should be that both parents still play an active part in the raising of the child/children. Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this. Going to Court should always be the last resort where children are involved.
Q. He's got to keep a roof over our heads hasn't he?
Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.
Q. What am I entitled to in a divorce? Can she take me for every penny?
No. Sometimes it may feel as though this has happened. The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.
Q. What about my pension?
Pensions are a matrimonial asset and almost certainly (depending on the respective ages and the length of the marriage) your spouse will be able to claim some of it. If you have a very good pension you may decide to give up your interest in other assets (e.g. house and savings) so that your pension stays untouched.
Q. We've sorted it ourselves, it's binding isn't it?
Almost certainly not. For an agreement to be legally binding there must have been full financial disclosure, independent legal advice and an order made by the Court.
Q. I've heard using a solicitor can be expensive?
Can you afford not to have one? Yes, Divorce can be expensive, but without sound legal advice to help you negotiate the pitfalls and help you achieve a fair outcome it can be even more so.
Q. Pre-Marital Contracts
Q. Divorce and Separation
Q. Divorce and Sepatation - Children issues
Q. Divorce and Separation- Cohabitation Agreements
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