Frequently asked questions
General
Why do I need to have a solicitor?
How do I decide which solicitor?
How do I know if I might get Legal Aid?
How much will it cost?
Divorce
How do we get started?
How long does it take?
What happens about the children?
Are money and property always split 50-50?
What is a "short" marriage?
What difference does the length of the relationship make when we divorce?
Will I get back the money or property that I brought into the relationship?
Living Together
When do we become a common law husband and wife?
As an unmarried dad, what rights do I have over my children?
What happens about money and property if we split up after cohabiting?
What is a Cohabitation Agreement?
Children
If my partner and I split up what happens to our children?
Can I change my child’s surname?
Do we have to go to the CSA?
Pre Marital/Partnership Agreements
What’s the point of pre marital/partnership agreements?
Are pre marital/pre partnership agreements just for rich people?
Why do I need to have a solicitor?
A specialist family solicitor’s job is to give you advice about changes in your family and help you through the procedure. We make sure you know about all your options to give the chance to make proper, informed decisions to protect you and your family.
A solicitor should guide you to make sure that you are clear about the long term consequences of your choices and advise you about the costs – both financial and emotional.
If you want to see how C & C Family Law might be able to help you we offer an initial free, no obligation consultation. Give us a call on 01752 222211 to arrange an appointment.
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How do I decide which solicitor?
Different people look for different things so think about what’s important to you. For instance:
• Do you want a specialist?
• Do you want someone who is plain speaking?
• Do you want someone who is friendly and approachable?
• Do you want someone who operates within a code of practice?
• Do you want someone who will take a constructive approach to your difficulties?
Remember when you are making your choice that your solicitor is someone that you may need to work with over a reasonable period of time and they may need to take you through some quite challenging decisions. It is therefore important that you get a chance to meet and speak to the solicitor before you make a commitment to work together.
At C & C Family Law we think it is easier to make this decision after an initial free, no obligation consultation. Give us a call on 01752 222211 to arrange an appointment.
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How do I know if I might get Legal Aid?
If you think you might be eligible for legal aid, you can check out the position by logging on to the Legal Aid Board’s website at www.clsdirect.org.uk. You will find an eligibility calculator on that site which will guide you about your eligibility.
If you qualify for legal aid, you will be able to find a legal aid practice in a local directory – look for the Community Legal Service logo.
If you find that you do not qualify, please give us a call at C & C Family Law on 01752 222211 where we aim to provide you with the best quality, specialist service at a reasonable price.
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How much will it cost?
Many people worry about solicitors’ charges and it is important to make sure that you know how your solicitors deal with this issue. Do not be shy about asking if you have any worries.
If you qualify for legal aid, the amount you will pay will depend on the type of legal aid and the work done. You can work out if you qualify for legal aid by visiting the Legal Aid Board’s website and completing the eligibility calculator at www.clsdirect.org.uk.
If you do not qualify for legal aid, the costs and the approach to billing will depend on which firm of solicitors you instruct. It is important to understand that not all solicitors take the same approach:
Most solicitors’ firms charges are based on an hourly rate which they set themselves and you should be billed based on units of time which are actually spent working for you. Although the Court publishes annual guides about what solicitors should charge, not all firms of solicitors charge at the same rate and there can be big differences even within your local area. If you want a good deal, it is worth shopping around.
If you want to keep an eye on how much your costs are, some firms of solicitors will provide you with bills on a regular basis. This is aimed at keeping costs as manageable as possible and letting you know exactly where you stand.
If you want to know exactly what your solicitor is doing for your money, your solicitor should provide a breakdown of the work they have undertaken and charged you for.
If you want a clear idea about your likely costs, some firms try to offer a fixed fee where they can.
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How do we get started?
You need to show that your marriage has irretrievably broken down. There are a number of facts which you may rely on to show this and whether these facts apply to you will depend on your circumstances.
If you would like advice about your options, please call Celia or Samantha on 01752 222211 to arrange your free, no obligation consultation.
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How long does it take?
Most divorce proceedings take about six to nine months from the date the Court issues the petition. The time frame can be longer if the proceedings are defended or if there are other things like money or property to sort out.
To find out more, please call Celia or Samantha on 01752 222211 to arrange your free, no obligation consultation.
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What happens about the children?
No matter how difficult things are between you and your former partner, it is important that children should be protected and supported as much as possible to help them through changes in your family.
In most cases it’s best for children to avoid disruption to their lives as much as possible. This will often mean living with their main carer and having a regular, structured programme of contact with a parent who does not live with them.
If you find it difficult to agree things without support, specialist family solicitors should be able to offer guidance and explain alternative approaches to resolving disputes. Also, solicitors can guide you about when the court needs to help.
It is important to act quickly if there are problems so if you would like advice about your options, please call Celia or Samantha on 01752 222211 to arrange your free, no obligation consultation.
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Are money and property always split 50-50?
The short answer is no. In some circumstances, a 50 –50 split is a good starting point but not always. Even when it is used as a starting point, there may be good reasons to move away from this sort of division. What the court aims for is a fair division of what’s available taking account of a whole range of different factors which vary in every relationship.
For specialist advice about the best way to protect your position, call Celia or Samantha on 01752 222211 to arrange your free, no obligation consultation.
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What is a "short" marriage?
With about one in every three marriages ending in divorce, expectations about how long a marriage will last have changed dramatically.
Generally family lawyers regard marriages of ten years or more as ‘long’ and marriages of less than six years as ‘short’. However, there are no strict rules and sometimes just looking at dates does not give us the full picture and we will consider other factors.
Many couples choose to live together before they marry. This means that only taking account of the relationship from date of the marriage will give a distorted view about the length of the relationship. For this reason, when sorting out finances on divorce, when cohabitation ‘moves seamlessly into marriage’ this will be regarded as part of the duration of the relationship.
If you are not sure where you stand and need some advice, it is worth speaking to a specialist family solicitor.
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What difference does the length of the relationship make when we divorce?
The Court has to consider the length of a relationship on divorce because, in simple terms, in a shorter marriage, any adjustment in respect of financial provision will be lower. This is because the longer a relationship, the more time there is to contribute, to become used to a standard of living and to expect to share in benefits.
The rules are different if there are children born during the marriage because the welfare of the children will be the Court’s first consideration and their needs will need to be met. Also, the person taking main responsibility for the care of any children will continue to contribute to the marriage possibly for many years by doing so.
Consequently, regardless of any issues about child support, children are an important consideration. This issue came up when the Court considered the Paul McCartney and Heather Mills divorce. Heather received a higher award because she shares the care of Beatrice and could expect to continue to do so for many years.
If you are in any doubt or have any concerns, the best approach is to speak to a specialist family solicitor.
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Will I get back the money or property that I brought into the relationship?
It depends since, as mentioned above, children are the first consideration, so meeting the needs of any children must be the priority.
After that, the aim is for fairness and there have been recent cases which try to distinguish between property which was generated by one person before the marriage or property which was inherited or received as a gift by one person and ‘matrimonial property’.
Generally, the Court tries to allow a person to retain assets they brought into the marriage as far as possible and tries to divide matrimonial assets equally. Matrimonial assets include things like the product of a joint business or jointly property.
However, it’s important to remember that the Court has a wide discretion about how to exercise its powers. The Judge may consider that there would be a good reason to take a different approach and will look at issues like needs when deciding whether and, if so, how, to act.
Unlike Heather Mills and Paul McCartney, most of us do not have vast sums of money to spend on arguing these sorts of issues. For this reason it is important to get specialist advice about how best to protect yourself in the event of a marriage breakdown.
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When do we become a common law husband and wife?
The short answer is: NEVER….there’s no such thing as a ‘common law husband’ or a ‘common law wife’. No matter how long you have lived with someone, you are not ‘married’ by common law.
If you are not married, it is important to understand what rights you might have and you should get specialist advice. Please call Celia or Samantha on 01752 222211 to arrange your free, no obligation consultation.
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As an unmarried dad, what rights do I have over my children?
The rights and duties which parents have over their children are called ‘parental responsibility’. On a day to day basis, having parental responsibility means you should be involved in major decisions about how your child is brought up. This includes things like choosing how and where they are educated, getting them medical treatment and having a guaranteed say in things like a change of surname or moving abroad.
The rules about parental responsibility are different for unmarried dads but some changes have been made to try to bring things more into line with married dads. However, even with these changes, your position will depend on when your child was born and your circumstances.
If you are not sure where you stand and would like advice about your position, please call Celia or Samantha on 01752 222211 to arrange your free, no obligation consultation.
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What happens about money and property if we split up after cohabiting?
The answer is that it will depend on your circumstances…...Dividing money and property when you have chosen not to marry can actually be more complicated than dividing it in a divorce.
This does not mean that people who have been cohabiting cannot claim anything from each other. Also, it is important to know that just because a property is or isn’t in your name that may not be the end of the matter.
If you would like advice about protecting yourself, please call Celia or Samantha on 01752 222211 to arrange your free, no obligation consultation.
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What is a Cohabitation Agreement?
A cohabitation agreement is a contract which, if properly prepared, can deal with all sorts of issues which are important to you and your partner. It can help organise things during your relationship and help to protect you from expensive legal arguments if your relationship ends.
It’s always important that you get specialist advice about your options to help decide how best to protect yourself and your family. If you would like advice about your options, please call Celia or Samantha on 01752 222211 to arrange your free, no obligation consultation.
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If my partner and I split up what happens to our children?
No matter how difficult things are between you and your former partner, it is important that children should be protected and supported as much as possible to help them through changes in your family.
In most cases it’s best for children to avoid disruption to their lives as much as possible. Just because their parents are no longer together, generally children should still be able to enjoy a loving relationship with both their parents and their extended families. This will often mean living with their main carer and having a regular, structured programme of contact with a parent who does not live with them.
If you find it difficult to agree things without support, specialist family solicitors should be able to offer help to try to resolve disputes and can guide you about when the court needs to be involved.
For this reason, it is important to take the right approach. If you would like advice, please call Celia or Samantha on 01752 222211 to arrange your free, no obligation consultation.
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Can I change my child’s surname?
It is sometimes possible to change your child’s surname but it is important that you approach the issue properly.
If you do not deal with things properly, you may find that a court order could be made to change the name back which could be expensive, confusing and upsetting.
For this reason, it is important to take the right approach. If you would like advice, please call Celia or Samantha on 01752 222211 to arrange your free, no obligation consultation.
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Do we have to go to the CSA?
When parents separate, the parent who does not live with the children has a continuing duty to provide financial support for the children.
This does not mean that the Child Support Agency always has to become involved. The level of payments can be negotiated and agreed between parents.
However, sometimes there can be an automatic referral to the Child Support Agency and if there are any problems with payments, the CSA is there to help.
The CSA’s assessment can be used as a very useful guide to the sort of payments which are reasonable. Guidance about calculating payments and other information can be obtained from the CSA website at www.csa.gov.uk.
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What’s the point of pre marital/partnership agreements?
Although pre nuptial and pre partnership agreements are not binding under English law, the courts don’t ignore their existence. A well prepared agreement should have a significant effect in any divorce or dissolution; a decent agreement would be one of the circumstances which the court must take into account in achieving fairness between you.
So, if they are done properly, they can be a significant factor in sorting things out in the event of a breakdown of the relationship. Any agreement should not be rushed but should be the product of proper advice, clear information, careful planning and negotiation. The weight which the court will attach to these agreements varies depending on these sorts of factors. So, it’s important to make sure that if you do go ahead, the agreement is done properly and you get specialist advice.
For this reason, it is important to take the right approach. If you would like advice, please call Celia or Samantha on 01752 222211 to arrange your free, no obligation consultation.
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Are pre marital/pre partnership agreements just for rich people?
The answer is no, anyone can consider a pre nuptial or pre partnership agreement. Many people have decided that an agreement is worthwhile to protect them if they have their own homes or other assets like savings or investments. Also, people who have already experienced the breakdown of a relationship may see an agreement of this sort as a useful tool when thinking about starting over.
The key is to get proper advice about whether you would or could benefit from an agreement of this sort. For this reason, it is important to take the right approach. If you would like advice, please call Celia or Samantha on 01752 222211 to arrange your free, no obligation consultation.
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