Family Law FAQs

There are lots of different family solicitors and most will have the same general qualifications and experience – being a practising solicitor for example, or having some knowledge of family law. However, not all family solicitors are the same, and it is important to look into who would be the right solicitor for you in your specific situation.

It is important to make sure your solicitor is a family law expert, that is someone who practices family law and has experience in that area of law. One way to check this would be to ask what experience your solicitor has.

Resolution is a national organisation of family law practitioners, and members of Resolution have to sign an agreement to agree to use their code of practice. By instructing a solicitor who is a member of Resolution, they will have had to undertake training and continue to abide by the Resolution code.

The Government have also now helpfully produced a list of family lawyers who can show that they help and support separated families. Those who have shown that their services help and support parents to work together where appropriate to resolve disputes amicably and for their best interests of their children, can display the HSSF Mark, shown below.

We hear this a lot, as sadly there is a feeling that solicitors only want to argue and charge you thousands for doing so. Again, not all family solicitors are the same, and it is important to check that the solicitor you instruct is the right one for you.

Solicitors who are members of Resolution have to sign up to use a code of conduct, agreeing that they will act with integrity and honesty, not use aggressive and inflammatory language to intentionally make things worse, and use their knowledge and skill to help guide clients through the process, focusing on supporting families to put the best interests of their children first.

Some firms of solicitors also offer the option of speaking to a Collaborative Lawyer. This is someone who is an experienced and skilled solicitor who goes further to train as a specialist in Collaborative Law as well. This is a particular type of process that helps a separating couple agree a resolution in an amicable, and non-confrontational way. The lawyers and clients work together, collaboratively, outside of Court and with the aim of putting the best interests of the family first.

Other firms may also have someone who is an experienced, accredited mediator. Family mediation is an opportunity for you and your ex-partner to come together and talk, in a safe and neutral environment. Your mediator will help you both reach resolutions about arrangements for your family, including finances, legal proceedings and arrangements for the children.

To find out more, or to speak to a member of our Family Law Team, telephone Rowlinsons Solicitors.

Going through a relationship breakdown can be stressful, and emotionally fraught for the whole family. From sorting out the practical arrangements, to working out where you will both live and how you will manage the arrangements for the children, it can be difficult to know where to start. We have provided some practical steps that you can take to make the process a little bit easier.

Assess your financial outgoings

When you first separate from your partner you will need to look at how you are going to meet any ongoing financial obligations, such as mortgage repayments and household bills. In many cases, where you are living separately, there may even be two sets of household expenditure to now consider.

Where possible trying to agree practical arrangements for paying outgoings can help. Maintaining open lines of communication with your ex-partner, where it is safe and appropriate to do so, can be crucial in reaching the best possible solution. In this way, at least in the short-term, you can hope to continue to meet all necessary outgoings from your combined income. Needless to say, this is preferable to incurring debts that neither of you may be able to discharge in the long-term. Mediation can be a great option to help separating couples look at the interim practical arrangements and come up with a plan of action.

You may also want to check if either of you are entitled to any state benefits, including a reduction in council tax as part of the single person’s allowance.

Consider the arrangements for the care of the children

As with your joint finances, an interim arrangement will need to be put in place about the care of any children. You will need to look at where the child(ren) will live, as well as when and how often they will spend time with each parent. It is important to remember that the children need to have a relationship with both parents, provided it is safe an appropriate for that to happen.

It is not uncommon for separating parents to sometimes struggle to reach an agreement as to the care of children, especially if the separation has been acrimonious. Sometimes mediation can again be a great option to enable parents to come together in a safe and supported environment to talk about how to co-parent their children after separation.

In circumstances where an agreement cannot be reached, one or both parents may apply to the Court for a Child Arrangements Order. A Child Arrangements Order is a Court Order which sets out where the children will live, how frequently and for how long they spend time with each parent, and any other issues such as what school they go to and other issues about the child’s care and upbringing.

It is often useful to get legal advice before considering making an application to Court to understand the options and the pros and cons of each.

Make or update your will

If you do not currently have a will you should consider creating one, not least because if you die intestate (without a valid will in place) before your divorce is finalised, your spouse will stand to inherit. If you already have a will you should consider updating it. For the majority of couples, their spouse is the main beneficiary under their will, and after splitting up you may not wish for this to happen.

It is also worth considering how you own any joint property. Often married couples own the matrimonial home as joints tenants rather than as tenants in common. As joint tenants, under the rules of survivorship, when one spouse dies, even if they are separated or going through divorce, the property will automatically pass to the surviving spouse. It is important to get independent legal advice about the options to sever the joint tenancy, as well as preparing an up to date will.

Seek specialist legal advice

It is always sensible to get independent legal advice as early as possible following a relationship separation. At Rowlinsons Solicitors, we have a team of family law specialists, who are on hand to advise you every step of the way. We can talk through the interim arrangements, and consider things such as maintenance, payment of bills and mortgage payments, as well as arrangements for the children. We can discuss your options such as mediation, collaborative law, and even court proceedings, and talk to you about the pros and cons of each. We can help you with any legal paperwork, including updating wills, considering notices of severance, and preparing divorce proceedings. We can also advise you about any financial settlement proposals, and consider with you whether what you are talking about is fair and reasonable. If you are able to reach an agreement, we can draft the Court Order necessary to finalise everything. Please note, in the absence of a financial order from the Court, whether by consent or otherwise, it remains open to either party to bring a financial claim against their ex-spouse at any point in the future.

In many cases, by simply seeking the advice of an experienced solicitor you can feel reassured that you are taking positive steps towards achieving the best possible outcome for you and your family.

For more information, or to speak to our expert family lawyers, please telephone Rowlinsons Solicitors and ask to speak to the Family Department.

If you believe that your relationship has broken down, then divorce is the procedure to legally end a marriage between spouses. For same sex couples in civil partnerships, the process is called dissolution.

You can only start divorce/dissolution proceedings after you have been married/in a civil partnership for a period of one year. There is now only one ground for divorce/dissolution and that is the irretrievable breakdown of the relationship. An application for divorce can be started by one party separately, or by both parties jointly. A statement is required in the application form to confirm that the Applicant believes that the marriage has irretrievably broken down.

There is a Court fee to pay to submit your application for divorce/dissolution.

Where an application is issued by one Applicant only, the application will be sent out to the Respondent to respond to the application. In the case of a joint application, both parties submit the application jointly and the fees are paid for by agreement between both parties. Both parties will also be required to respond to the application where the parties apply jointly.

If you wish to discuss applying for a divorce, or you want to speak further about what is involved in the process, please telephone01928 617 052 and ask to speak with the Family Department.

It is no longer possible to defend or stop an application for divorce or dissolution, unless there is an argument that the issuing Court does not have jurisdiction to hear the case, there is a dispute about the validity of the marriage, or where the marriage has already been legally ended.

Otherwise, provided the Applicant has provided their statement to confirm that the relationship has irretrievably broken down and provided that they have complied with the legal requirements in the application process, a final order will normally be granted.

If you wish to discuss a divorce/dissolution application, or if you are the Respondent in divorce/dissolution proceedings and you want some legal advice or assistance, please telephone 01928 617 052 and ask to speak with the Family Department.

Yes. Not everyone will want a divorce/dissolution, whether that is due to religious, personal or financial reasons. Two alternatives to consider are:-

• Judicial separation – this is a Court process which legally formalises your separation, but does not affect the legality of your relationship so you remain legally married/in a civil partnership. It is still possible to resolve some financial matters within judicial separation proceedings but there are some key differences between judicial separation and divorce/dissolution, and expert legal guidance would be needed before choosing this option. To obtain advice from Rowlinsons, please telephone01928 617 052 and ask to speak with the Family Department.

• Separation Agreement – this is a formal document, in the format of a Deed, that you and your spouse/civil partner can enter into to set out the circumstances of the separation. Again, this agreement does not legally end the marriage/civil partnership, and divorce/ dissolution proceedings would still need to be issued if you later decided you wanted to legally end the relationship. The agreement can be useful for couples who are unable to apply for a divorce/dissolution at the time of separation, or who do not wish to straight away. It is important to be aware that a Deed of Separation Agreement is not 100% binding and cannot prevent the Court from making such financial orders as it sees fit in any later divorce/dissolution proceedings. The Court in those proceedings could decide whether the terms of the Agreement should be upheld in full or in part. Alternatively, the Court could decide due to a number of factors that the agreement is not binding, and the Court could make such financial orders as it sees fit. Due to these factors, it is important to take independent legal advice about the terms and effect of a Separation Agreement before deciding to pursue this route. To obtain advice from Rowlinsons, please telephone 01928 617 052 and ask to speak with the Family Department.

Under the new no fault divorce process, there is a minimum timeframe of 26 weeks between submitting an application for divorce/dissolution and a final Order being granted bringing the marriage/civil partnership to an end. This means that you cannot apply to finalise your divorce/dissolution before 26 weeks from the date of the application.

However, the time it takes to actually get divorced or dissolve your civil partnership can depend on a number of factors. If there are finances to resolve, or arrangements for children to be discussed, in some situations the timescale may be slightly longer.

It is always worthwhile seeking legal advice about the process for divorce or dissolution and Rowlinsons Solicitors can help at any stage of the process. Please telephone01928 617 052 and ask to speak to the Family Department.

Financial matters are not automatically considered in divorce or dissolution applications. However once a divorce or dissolution application is issued, it may be possible for either party to pursue an application for a Financial Settlement Order. This application may be pursued at any stage until a final financial order is made, even after a final divorce/dissolution order is made. It is important therefore to be aware of these potential financial settlement claims when dealing with divorce or dissolution proceedings.

There are certain situations where you may not be able to apply for a Financial Settlement Order, for example if you have remarried before starting the application process.

If you are separating, or you are going through a divorce/dissolution, it is important to seek independent legal advice about the financial settlement options. Rowlinsons Solicitors can help with you, and you can telephone 01928 617 052 and ask to speak with the Family Department.

Separating parties are always encouraged to try and negotiate a financial agreement themselves, whether with the help of a Solicitor, Collaborative Lawyer or Mediator. To help you reach an agreement, your Solicitor, Collaborative Lawyer or Mediator will usually ask you both to exchange your financial information. It is important before entering into discussions or agreements about financial matters to ensure you have had full financial information so that you can make a properly informed decision. It is also important to take independent legal advice to make sure that any settlement you are considering is fair and reasonable.

If an agreement can be reached, this can be recorded in a final binding Consent Order. If this is not done, either party could still pursue their financial settlement claims at any point in the future, even after the final stage of divorce/dissolution.

If you would like help with a financial settlement or you want to know what you might be entitled to, please telephone Rowlinsons Solicitors on 01928 617 052and ask to speak with the Family Department.

Separating parties are always encouraged to try and negotiate a financial agreement themselves, whether with the help of a Solicitor, Collaborative Lawyer or Mediator. However, there are of course situations when it isn’t possible to negotiate an agreement, and an application to Court may instead be required.

Before you can make an application to Court, you have to consider whether a Mediation Information and Assessment Meeting (MIAM) is required. There are some situations where a MIAM is not required, but in most situations the Court do need a MIAM completed by a regulated Family Mediator.

Once the Court have received your application, the case will be sent to a Family Court Centre where it will be issued. You will both be ordered to file a Form E financial statement setting out the details of your financial circumstances, and what financial settlement you would like the Court to make.

The Court will then list the case for a number of different hearings, depending on whether you are able to reach a resolution with your ex-partner during the Court process or not. If you are still unable to reach an agreement during the Court process, the matter will ultimately be listed for a final hearing. During that hearing a Judge will make a final decision and will issue an Order that you will both be bound by.

If you would like further advice or assistance about a financial settlement options, or if you need help during a Court application process, Rowlinsons Solicitors are here to help. Please telephone 01928 617 052 and ask to speak to the Family Department.

A Consent Order is a type of Order that is made by agreement between the parties. Often when looking at the finances following a relationship breakdown, a couple are able to reach an agreement about how their finances should be divided. A Consent Order is a formal Court Order that sets out what needs to take place.

Often, such an Order is expressed to be a ‘clean break’. This means that once the Order is approved by the Court, and once it has been implemented, the parties’ claims for financial settlement against each other can be brought to an end.

It is important to understand the terms and effect of a Consent Order before it is signed, and important to understand whether there is a full clean break or not. To obtain advice from Rowlinsons, or to organise an initial no obligation call, please telephone 01928 617 052 and ask to speak with the family department.

A pension Sharing Order is a type of Financial Order made in divorce or dissolution proceedings. It is an Order that requires a percentage of a total pension to be transferred or shared into a pension in the other party’s name.

If you need advice about a pension sharing order, or to organise an initial no obligation call, please telephone 01928 617 052 and ask to speak with the family department.

A pension attachment order is a type of Financial Order made in divorce or dissolution proceedings. It is an Order that requires a percentage of a pension to be paid on retirement each month or each year to the other person.

If you need advice about a pension attachment order, or to organise an initial no obligation call, please telephone 01928 617 052 and ask to speak with the family department.

Judicial Separation is a Court process which legally formalises your separation, but does not affect the legality of your relationship so you remain legally married/in a civil partnership. It is still possible to resolve some financial matters within judicial separation proceedings but there are some key differences between judicial separation and divorce/dissolution, and expert legal guidance would be needed before choosing this option.

To obtain advice from Rowlinsons, please telephone 01928 617 052 and ask to speak with the family department.

A Separation Agreement is a formal document, in the format of a Deed, that you and your spouse/civil partner can enter into to set out the circumstances of the separation. Again, this agreement does not legally end the marriage/civil partnership, and divorce/ dissolution proceedings would still need to be issued if you later decided you wanted to legally end the relationship.

The agreement can be useful for couples who are unable to petition for a divorce/dissolution at the time of separation, or who do not wish to straight away, for example if they have not lived separately for two years and none of the fault facts of either adultery or unreasonable behaviour apply.

It is important to be aware that a Deed of Separation Agreement is not 100% binding and cannot prevent the Court from making such financial orders as it sees fit in any later divorce/dissolution proceedings. The Court in those proceedings could decide that the terms of the Agreement should be upheld in full or in part. Alternatively, the Court could decide due to a number of factors that the agreement is not binding, and the Court could make such financial Orders as it sees fit. Due to these factors, it is important to take independent legal advice about the terms and effect of a separation agreement before deciding to pursue this route.

To obtain advice from Rowlinsons, please telephone 01928 617 052 and ask to speak with the family department.

The Financial Dispute Resolution Hearing, or FDR is a hearing that takes place in financial settlement proceedings between a married couple, or a couple in a civil partnership. At this hearing, both parties are encouraged to spend time at Court negotiating a financial settlement if possible. The Court will look at the information and evidence and will try and help you both negotiate an agreement by giving an indication of what types of orders it considers suitable.

If you have been ordered to attend an FDR hearing, or if you need any further information about financial settlement proceedings, please telephone Rowlinsons Solicitors on 01928 617 052 and ask to speak with the family department.

The term ‘Common Law Marriage’ has been used in England and Wales to refer to an unmarried, usually heterosexual, cohabiting couple. Contrary to popular belief, there is no such thing as ‘Common Law Marriage’ and this does not confer any legal rights on a couple who live together. Couples who are married or enter a civil partnership have certain legal rights that they can rely on. There are no similar rights for couples who live together, or believe they are in a ‘Common Law Marriage’. It is important for couples who live together to get independent legal advice to understand their rights and responsibilities.

To obtain advice from Rowlinsons, please telephone 01928 617 052 and ask to speak with the family department.

It is possible to convert a civil partnership into a marriage in England and Wales (there are different rules for Scotland, and currently it is not possible to do this in Northern Ireland). You can convert your civil partnership into a marriage either at a register office, or local registration office.

You can also convert the partnership into a marriage following a ceremony, but it is important to know that the ceremony has to be conducted on religious or approved premises and at a registered venue.

There is a fee of £4 for a marriage certificate and £45 to convert your civil partnership. If you conduct a ceremony, you will also have to pay £27 for an appointment as well.

You will need to sign a “conversion into marriage” declaration, and will also need your original civil partnership certificate and identification documents as well.

For more information, go to www.gov.uk/convert-civil-partnership

At the moment, only those in same sex relationship’s have the option of entering into a civil partnership. Currently, couples in a heterosexual relationship are not able to enter into a civil partnership.

Civil partnerships were introduced in the UK in the Civil Partnership Act 2004. The Act came into force in December 2005, with the first couples forming civil partnership that month. The Act allowed same sex couples to formally recognise their relationship, which provided similar rights to those enjoyed by married couples.

The Marriage (Same Sex Couples) Act 2013 legalised marriage for same sex couples in England and Wales, although civil partnerships also remain available to same sex couples.

For those couples in opposite, or heterosexual relationships, the only option currently to formally recognise their relationship is to get married. There have been a number of challenges through the Courts to this, arguing that it is unfair and discriminatory to not allow opposite sex couples the same rights as same sex couples.

During the summer of 2018, the Supreme Court ruled that it was incompatible with the European Convention on Human Rights that the Civil Partnership Act 2004 is only an option for opposite sex couples. The ruling does not change the law, but it does make it more likely that the Government will now do something to allow opposite sex couples the same rights as same sex couples.

To get divorced in England and Wales you firstly have to have been married for at least 12 months, and have a valid marriage that is legally recognised in this country.

It is then necessary to prove to the Court that you have the necessary “jurisdiction” to petition in a court in England and Wales:-

– You and your spouse are habitually resident here

– You and your spouse were last habitually resident here and one of you still resides here

– Your spouse is habitually resident here

– The person issuing the petition is habitually resident here and has resided here for at least a year immediately before presenting the petition

– The person issuing the petition is domiciled and habitually resident here and has resided here for at least 6 months before presenting the petition

– Both you and your spouse are domiciled in England and Wales (only relevant to marriage)

If none of the above applies, you might be able to issue a petition for divorce in England and Wales if no other Court has or is recognised as having “jurisdictionâ”.

In most situations, you do need an original marriage certificate to get divorced in the UK. If you got married in England or Wales, it is sometimes possible to request a further copy be reissued if you can’t find your original certificate.

If you got married abroad, it might be possible to get a further copy issued, and you would need to seek guidance from the local authority that conducted the wedding ceremony or registered the marriage.

If your marriage certificate is not in English, you will also need to get a copy fully translated into English before you can issue your divorce petition.

If you cannot find your marriage certificate, it might be possible to still apply for divorce in some situations. You would however need to issue a separate application alongside your divorce petition. It is rare that the Court would allow a petition for divorce without a valid marriage certificate, and you would need expert legal advice before pursuing such an application.

It is now possible for individuals in England and Wales to apply for divorce online. The Government now offer a facility to issue a divorce petition through their online service. There is still a Court fee to apply online, which is the same fee as applying via post, and that has to be paid at the time the application is issued.

For more information about the Government online divorce process, https://www.gov.uk/divorce/file-for-divorce

In most situations, it is not usually necessary for either party in a divorce to physically attend Court if the divorce is agreed. If the divorce is contested, or if there are issues of costs or other complicating features, then sometimes it is necessary for the parties to physically go to Court.

Separate from the divorce process, it might however be necessary to go to Court to deal with the financial side of the separation. That will again depend on whether you and your partner are able to reach an agreement or not.