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 Q - I already have a solicitor but I am not happy with the service I receive. Is it possible to change solicitors? A. - It is very important that you have full confidence in your solicitor and the service they provide. It is very easy to change solicitors and we are happy to travel to you to provide a free consultation to discuss your case and to advise you as to your options. Q - I want a divorce but do not know what I need to prove? A - There is one ground for divorce and that is the irretrievable breakdown of the marriage. However in order to prove the irretrievable breakdown you must establish one of five facts; (a) Your spouse has committed adultery; (b) Your spouse has behaved in such a way that you could not reasonably be expected to live with him or her; (c) You have lived separately from your spouse for a period in excess of two years and your spouse consents to a divorce; (d) You have lived separately from your spouse for a period in excess of five years; (e) Your spouse deserted you more than two years ago. If your spouse does not defend the divorce it is not usually necessary to actually prove whichever of the five facts is relied upon, although the Court can request further details in certain circumstances. Q - I want a quickie divorce, how long will this take? A - There’s actually no such thing as a quickie divorce, the same procedure must be followed regardless of the basis upon which the divorce is brought. For a straightforward uncontested divorce, matters can be finalised in as little as three to four months although most divorces take around six months. Q - My spouse lives abroad, can I still obtain a divorce? A - There are complex rules governing when the English courts are able to deal with divorce proceedings. In general, as long as one of the parties lives in England or Wales and has done so for least the last six months, a divorce can be obtained. In cases where there is an international element, specialist advice should be obtained from us. Q - I am thinking of offering to give my wife my share of the family house in return for her not claiming child maintenance from me, should I do this? A - It is not possible for a parent to contract out of paying child maintenance in this way. The Child Support Agency would still be able to assess that parent for the payment of child maintenance regardless of any such agreement. It is important to reach a fair settlement which will take into account both parties needs and responsibilities. Q - I recently split up with my girlfriend and she is refusing to allow me to see our child. What are my rights? A – A father who is not married to a child’s mother does not have parental responsibility in respect of that child; this means he has few rights and in the absence of agreement from the child’s mother must apply to the Court. However, the Courts will generally support a father and grant him rights unless there is very good reason otherwise. Q - I am separating from my husband and he wants me to sell the house, should I agree? A - This is an extremely important decision to make and you should not be rushed. Whether it is reasonable for the house to be sold or not may depend upon whether they are children, how long the marriage is, how much the property is worth and whether there are any other assets. We are able to give specialist initial advice by email on such matters for a fixed fee, please contact us for details. The above is to give general advice on some of the most common problems. All cases are different and it is important to obtain expert advice on your situation. |
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