As experienced Family Law Solicitors, we know that divorce, separation, and children’s matters can feel overwhelming. Our team has put together answers to the most common questions we receive to help you understand the process and your options.
How long does the divorce process take?
Under the no fault divorce system, from the date of issue there is a minimum period of 26 weeks (around 6 months) before it is possible to apply for the final order of divorce. Financial arrangements can take longer to resolve (12–18 months from instruction), depending on the complexity of your situation and whether both parties are cooperative. If a court application is required, the process can take longer.
Can you act for both parties?
No. As family law solicitors, we have a duty to act in the best interests of our client and maintain confidentiality at all times. This means we cannot act for both parties in a divorce or separation.
Who are Cafcass?
Cafcass stands for the Children and Family Court Advisory and Support Service. Cafcass provides advice and assistance to judges in children act proceedings. The staff are called Family Court Advisors (FCAs) and they are trained in child welfare and legal issues. They do not act for social services, they are tied to the court system only. Cafcass will be involved in any case that goes to court for an order in relation to a child or children.
Is there a difference between living with someone and being married?
Yes. The law relating to cohabitees and married people is completely different. For married couples, financial arrangements on divorce are generally based on fairness, needs and an equal division of assets. For cohabiting couples, there are no automatic right to share assets. Claims are based on contribution (financial or otherwise) and intention. This is why many cohabiting couples choose to create a Cohabitation Agreement to protect their assets and set out arrangements if the relationship ends.
Need expert family law advice?
If you’re going through a divorce, separation, or need advice about children’s arrangements, we’re here to help. Call us today to speak to a specialist family law solicitor, or fill out our simple enquiry form below.
