Articles, information and news on many areas of Family Law.
Written by Family Law Solicitor, and Partner, Jo Spain.
You should always consult your professional adviser for legal or other advice to match your unique situation. The materials on this site comprise SpainWilliams llp's views; they do not constitute legal or other professional advice. Please note our disclaimer.
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!
Post your commentA 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”.
Post your commentThis 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.
Post your commentThe 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.
Post your commentIt 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.
Post your commentThe 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.
Post your commentThere 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.
Post your commentFirst of all ask yourself why you want to stop them. Unless there is genuinely a concern for your children's welfare then do you really want to deprive the children of a holiday? It will also inevitably cause bad feeling between you and your ex partner and this will not be in the best interests of the children. You also need to consider that there will be times when you will wish to ask them if you can take the children on holiday and you will want them to say yes.
Post your commentThere are limited grounds for obtaining an annulment under English Law and one of these is non-consummation of the marriage.
However if you have had sexual intercourse with your partner at least once since you married then the marriage has been consummated and you can't use this ground.
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