Frequently Asked Questions
Frequently Asked Questions
Our FAQ page contains answers to many of the commonly asked questions as well as answering and explaining some of the common misconceptions.
No. Provided that the petitioner can prove that the divorce papers have been served and the respondent is aware of the proceedings, the divorce can proceed without their input.
The law changed in April 2022 meaning divorces are now no-fault based. The only reason you can give when making your application is that your marriage has broken down ‘irretrievably’.
We offer a fixed fee for making a will or a Lasting Power of Attorney. For more information click here. For family cases we offer a fixed fee first consultation so that you can obtain some initial advice on your position. At this consultation we can provide you with an estimate of how long your case might take and the likely cost. In some cases we can also offer a fixed fee for a divorce. However, each case is unique and the cost and length of the case will vary greatly.
The divorce process takes a minimum of 26 weeks. Once your application has been issued and acknowledged, there is a reflection period of 20 weeks before you can apply for the conditional order (previously known as the decree nisi). A further 6 weeks and 1 day after obtaining the conditional order, you can apply for the final order (previously decree absolute) which will legally end your marriage.
For family cases we offer a fixed fee first consultation so that you can obtain some initial advice on your position. At this consultation we can provide you with an estimate of how long your case might take and the likely cost. In some cases we can also offer a fixed fee for a divorce. For more information click here
No. The two issues are viewed entirely separately.
Not necessarily. The financial outcome of a case is rarely affected by unreasonable behaviour of a person unless their conduct is ‘gross and obvious’ or has caused significant financial loss, such as a gambling problem.
Neither is strictly true! Pre-marital agreements are not binding under English law, and a judge can always overturn the wishes outlined in such an agreement. However, increasingly the courts are recognising that a pre-marital agreement carries a great deal of weight in certain circumstances.
No. Each case will be determined based on its own individual circumstances, there are no pre-conceptions. The courts look at what is in the best interests of the children, not the needs or wishes of the parents.
Not at all! There is no such thing as a common-law spouse in the UK. There are no automatic rights for people living together who are not married
No, the firm provides services for private paying clients only.
In the majority of cases it is not necessary for our clients to attend court in person. Most cases can be dealt with on paperwork alone. Sometimes, it is necessary for us to advise our clients to protect their position by pursuing court proceedings. Where a court appearance is necessary, we will discuss the format of the hearing and what will be required of you beforehand and ensure you are always accompanied by either your own lawyer or, if necessary, an experienced family law barrister.
No, we will never put pressure on you to take action if you do not feel ready to do so. We offer an initial consultation for a fixed fee. At that meeting we can advise you on your options moving forward. We recognise that all family law cases involve very personal issues for the individuals involved and respect the fact that you may not wish to act on our advice straight away. However, we will always advise you when you need to take immediate action to protect your position.
As is the policy of most solicitors, we ask you to provide money on account at the beginning of your case and as the case progresses. We will provide you with regular invoices so that you can keep appraised of the level of your legal costs and budget accordingly.
For wills and Lasting Powers of Attorney, we will invoice you once the documentation has been prepared. For fixed fees in divorce cases, we ask for half of our fee plus the court fee in advance with the final half of the fee payable upon the decree nisi being issued.
The easiest way to pay is via card online using RapidPay which can be made online here or from a clickable link on your invoice. Payment can also be made by electronic transfer or cheque. In line with money laundering requirements imposed upon us we are unable to accept cash.
It is a fundamental requirement of The Solicitors’ Professional Code of Conduct that all client information is kept entirely confidential.
Get in touch
If you need any further information or to contact us for advice, please get in touch