Frequently Asked Questions

Divorce

Do I need to give a reason as to why I am applying for a Divorce?

No. The law changed in April 2022 to a ‘no fault’ basis, which means that you will not need to blame your spouse for the breakdown of the marriage or give any reason whatsoever. You will simply need to sign and state that the marriage has ‘irretrievably broken down’ when making your Divorce application.

What if my spouse does not file an Acknowledgement of Service?

If your spouse does not file an Acknowledgement of Service, you will need to make an application to the Court for ‘deemed service’. If your application is successful, which in most cases they are, it is likely that your spouse will have to cover your legal costs involved in making the application.

These applications are therefore rare, as your spouse will be informed of the likelihood of the application and the costs involved, which may encourage them to file the Acknowledgement of Service.

How long will my Divorce take?

The Divorce process takes approximately 6 to 8 months from start to finish. It is important to note that these timescales are set by the Court and therefore there is no such thing as a ‘quickie divorce’.

We may recommend that you do not apply for the ‘Final Order’ of your Divorce until a financial settlement has been reached and sealed by the Family Court.

Financial

Can I change the locks on the family home?

No. If you are married or jointly own the family home, you both have a legal right to access the property. Even if your partner moves out of the home, they still have a right to access the property, for example to collect their belongings.

If the locks to the property are changed, it may result in your partner changing the locks back or making an application to the Court. This is unless you have obtained a Court Order stating your former partner should not access the property, such as an Occupation Order.

Will my inheritance be included in a financial settlement?

Inheritance you have already received will not be ‘ring-fenced’ by the Court and many factors will be taken into account when determining whether the inheritance should be split. The Court will consider when the inheritance was received, how much it was and whether the inheritance has ‘mingled’ with marital funds. For example, they may have been used to pay off some of the mortgage on the family home.

Future inheritance prospects are not likely to be considered by the Court as part of a financial settlement, unless you are likely to inherit in the very near future, in which case it may be considered.

Can I make a financial claim on my spouse’s property even if it is registered in their sole name?

Generally speaking, you would be entitled to a share of your spouse’s property even if you are not on the title deeds as it will be considered ‘marital property’. If the property is part of a Trust or a Business, this may be more difficult to establish. The Courts will also consider the length of the marriage and whether the property was used as the marital home.

If you live in the home, you have a right of occupancy and should register this right to ensure your spouse does not attempt to sell the home while you still reside there.

Child Arrangements

What is Parental Responsibility and who has it?

Parental Responsibility refers to a person who is responsible for the welfare of a child and holds a decision-making power on their upbringing, such as which school they attend, what medical treatment they receive and whether they should be taken abroad on holiday.

Usually, it is the biological parents of a child that hold parental responsibility, but this is not always the case. Parental responsibility can also be granted to adoptive parents and legal guardians.

If there is a dispute between parties with parental responsibility on decisions regarding the child’s upbringing, it may be necessary to make an Application to the Court.

Do Grandparents have rights to see their grandchildren?

Grandparents do not have parental responsibility and therefore are not automatically able to make an application for contact with their grandchildren, namely a Child Arrangements Order. Grandparents can make an application to the Court for permission to apply for a Child Arrangements Order but these are not always successful.

How much child maintenance do I need to pay?

Child Maintenance does not fall within the Family Court’s jurisdiction. We recommend that you and your ex-partner try and reach an agreement between yourselves on a reasonable amount to pay. If such agreement cannot be reached, we recommend you contact the Child Maintenance Service or use their online calculator: Calculate your child maintenance - GOV.UK (www.gov.uk).