Family
Frequently asked questions
How long does a typical and straightforward divorce take?
About six months.
What is the likely cost?
Somewhere between £500 and £1,500. This relates to the divorce part only i.e. does not include disputes re finances and children.
When are the financial matters dealt with?
Usually at the same time or shortly afterwards.
Can financial matters be resolved without going to court?
Yes. It is perfectly possible for parties to resolve all of the financial issues by agreement. This can be done through Solicitors or alternatively through mediation. A mediator is an independent facilitator who does not give legal advice. Only about 10% of cases proceed through the court system.
It is also possible for parties to enter into discussion through the route of collaborative law. This is a relatively new way of dealing with family disputes where each person appoints their own collaboratively trained lawyer and they meet round the table on a face to face basis to resolve the disputes.
If financial settlements have to go through court, is it very expensive?
Yes, it can cost anywhere between £5,000 and £15,000 or possibly more depending on the nature of the dispute and the value of the assets involved.
Can you have a divorce without involving a solicitor?
Yes, but it is essential that you have specialist and expert advice on the financial consequences of a divorce, particularly where there is property or pension provision which may be in dispute.
If we are not married and have lived together for two years, do we have the same rights as if we had been married?
No, if you are not married you do not have the same legal rights as if you were married, however long you may have been living together. Your rights will vary dependant upon your individual circumstances and it is important that you obtain good legal advice.
Are pre-nuptial and cohabitation agreements legally binding?
No, but if properly drawn, they can carry weight in any subsequent dispute about division of assets or litigation following on from that.