Kitsons Solicitors

FAQs - Family & childcare

• Q.

  Can my solicitor act for me and my husband?

  A.

  Not at the moment, although the idea of a collaborative divorce is being considered. Solicitors are required to give impartial advice to their clients only and if they were to give advice to another party to a separation at the same time they would have a conflict of interest.

• Q.

  A friend of mine has mentioned mediation: what is that?

  A.

  Mediation is a process that enables separating couples, and those who are arguing about children, to come to an understanding with the help of a mediator that brings about a settlement of the issues which the courts can endorse and is then binding on both parties.

• Q.

  I have heard that my pension is not safe on a divorce: is that true?

  A.

  You have heard rightly. Since 2001, the courts have been given increased powers to divide pensions between spouses on divorce and can in certain circumstances order the whole amount of a party's pension to be transferred to the other spouse.

• Q.

  Are all the assets divided 50/50 on a divorce today?

  A.

  Not necessarily. Whilst equal division is often the starting point for the courts saying who should have what, it is not always the case and contribution, length of the marriage, resources of the parties and particularly needs where there are young children, play an important part in departing from equal division. It's rarely straightforward.

• Q.

  If I live with my boyfriend will I get a share in his house?

  A.

  Probably not, unless you can show that there was a common intention that you should have a share in the house or he made a promise that you should have one. Mere payment of the outgoings won’t guarantee an interest.

• Q.

  What can a father do if the mother denies access to the children?

  A.

  The courts are becoming more alive to the position of fathers being denied contact to their children and have now shown that they are prepared to grant residence of the children to a father where the mother has shown herself to be irrationally opposed to contact by the father.

• Q.

  If I get a divorce, will the mother always get the children?

  A.

  No. Whilst it is often the case that very young children will reside with the mother, it is by no means always and the welfare of the children is the paramount consideration.

• Q.

  How long does it take?

  A.

  The average time from the presentation of a divorce petition to the obtaining of a decree absolute is about three months provided that the other spouse cooperates.

• Q.

  How much will it cost?

  A.

  The average cost of a divorce is £650 including VAT and court fees. If you are entitled to Legal Aid, then the divorce is without cost if it is not defended.

• Q.

  Can I get a divorce if I have separated from my spouse?

  A.

  There is only one ground for divorce and that is that the marriage has broken down irretrievably. You have to prove it by one or more, of five facts. Adultery and unreasonable behaviour are two of such facts and the other three facts involve separation of two years or more. So if you have lived apart from your spouse for at least two years and he or she consents to a divorce, you could obtain a divorce.