Family Law Matters

  • Articles, information and news on many areas of Family Law.

    Jo Spain, Family Law Solicitor (Photo)

    Written by Family Law Solicitor, and Partner, Jo Spain.

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Is it better to have a Separation or a Divorce?

The answer to this does depend on your personal circumstances and because there are many things to consider then you should definitely see a Solicitor for advice before making your final decision.

However the first thing to think about is whether you think you will reconcile with your spouse. If you do then it is probably better not to go down the divorce route!

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I keep hearing about “Custody” but I need a "Residence" Order don't I?

A Residence Order is an order made by the Court which confirms that a child is to reside with you. This also means that you are able to take the child out of the country for up to one month without the permission of any other person who has parental responsibility for them.

Residence Orders often incorporate “Contact” Orders which are orders made by the Court defining the contact that the “absent” parent is to have with a child.

There is now in English Family Law no such thing as “Custody”. “Custody” is basically the old word for “Residence”. Legislation as far back as 1989 brought in the term “Residence” instead of “Custody” and “Contact” instead of “Access”.

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My wife/husband and I have separated: should I wait to divorce after 2 year's separation or should I start things off now?

This partly depends on whether any of the other reasons for divorce apply now. If you have not been separated for two years then the only way you can divorce earlier is by reason of the other person's adultery or their unreasonable behaviour.

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My husband/wife has committed adultery. Should I name the other person in the Divorce Petition?

The short answer is that you are allowed to do so but my advice is that you do not.  The Divorce Petition is not a public document.  It does not hang on the wall of the County Court for all to see and neither can just anybody ask the Court for a copy.

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My ex has filed a Divorce Petition and the unreasonable behaviour allegations are not true. Should I defend the divorce?

It is very unusual for both parties to agree on why a marriage broke down and there is often a dispute over the allegations of unreasonable behaviour.

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I want contact with my children at Christmas, can you sort this out?

The simple answer is yes, but only if you deal with this early enough. The worst thing is to leave it until a couple of weeks before Christmas and then find that it may be too late to do anything.

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Can I have a quickie divorce like Madonna and Guy Richie?

There is no such thing as a “quickie” divorce! This is a complete myth perpetrated by the media and trotted out whenever someone famous is going through divorce proceedings. It seems to suggest that somehow if you are in the public eye you have access to speedier service from the Divorce Courts than is the reality.

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How long will it take to get divorced?

If a Divorce is straightforward and financial matters are also agreed swiftly then it is usually possible to finalise divorce proceedings in between 3 and 6 months.

However, there are many factors that may affect this time-scale.

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