Family Law FAQs

These cover common family law questions. It aims to cover divorce & seperation, child arrangments orders, financial remedy order proceedings, pre-nups, post-nups, domestic abuse, unmarried couples & cohabitation – to name a few.

Once you have had a read of the Family Law FAQs. If you need some further help, click here to consider the blog page.

Divorce

Can a couple instruct a divorce solicitor together?

No, there would normally be a conflict of interest.

How long does an undefended divorce take?

This can be anywhere between 3-6 months. This is mainly due to the back and forth in relation to the process and the delays the courts are currently facing.

I have a foreign marriage certificate. What can I do?

This will need to be translated for the Court when progressing the divorce.

On what basis can I apply for a divorce?
  1. Adultery
  2. Unreasonable Behaviour
  3. Desertion
  4. Two-Years Separation
  5. Five-Years Separation
Presumption of death in divorce?

Presumption of Death in Divorce

Presumption of Deth in Divorce – If you have reasonable grounds that your spouse is dead you can present your petition on this basis. The court will then apply it’s discretion to this application. If the respondent has been continually absent and the petitioner has no reason to believe the respondent is alive – this is seen as evidence of death unless proven otherwise. Due to the complications, some people choose to go down the route of five years separation without consent instead. Click here to learn more about five years separation without consent.

What is the one ground for divorce?

The one ground is the irretrievable breakdown of the marriage.

What is the one-year time bar?

The parties must have been married for one full year before they can apply for a divorce.