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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Divorce

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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Can I get a divorce if I have been married for less than a year?

The answer is no!  It is not possible to apply for a divorce in England and Wales until you have been married for one year.

So if you no longer wish to live together what can you do?

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Funding your divorce or family law matter

A major consideration when taking the step to see a Family Law Solicitor is “how am I going to pay for it?”

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DIY divorce - why use a family law solicitor? (part 2/2)

Would I fit a new boiler in my home myself? Would I prepare my own company accounts? Would I attempt to plumb in a new bathroom?

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Divorce surge on Monday warns Gazette

It seems that you can't read a mainstream newspaper or news website without finding January's traditional annual news item about surging divorce figures following Christmas, this year given an extra boost by the credit crunch. Now even the Law Society Gazette is getting in on the action with its own divorce meets credit crunch story: "Family lawyers braced for surge in divorce cases" crys its headline.

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