‘What If….’ Frequently Asked Divorce & Family Law Questions

frequently asked divorce and family law questions

Family Law Solicitor, Adrian Rose, shares some of his most frequently asked divorce & family law questions….

In talking to clients over the years, I am often asked a number of questions that begin “what if…”. I thought that it might be useful to share some of these.

What If I Want A Divorce But My Partner Doesn’t?

The divorce law changed in April 2022, which meant that it is easier to achieve a divorce without the consent of your former partner. Unless the legal basis for the divorce is challenged (which is very rare) and as long as it can be proved that your partner has received your application for divorce, then it is likely that you will be able to get divorced. Have a look at our blogs about “no fault” divorce for more information.

What If I Change My Mind About A Divorce?

Until the divorce is made final (the Decree Absolute is pronounced), you can change your mind. Sometimes, a pause can give time to reflect and if there is a possibility of reconciliation to consider this and perhaps try marriage guidance and counselling. In other cases, it may be necessary to ask the Court formally to cancel the proceedings. This may have an impact on any related financial matters and so it is important to take legal advice before making any decisions.

What If My Partner Stops Me Seeing Our Children?

There are many things that can be done and often quickly to ensure that contact restarts and takes place. Sometimes, especially where things are said in the heat of the moment, a simple letter setting out proposals will work and allow trust to be re-established. Sometimes, more negotiation is needed to help you make a practical arrangement that works for you and your family. That can also be done in family mediation. If this doesn’t work or things are urgent then applications can be made to Family Court for child arrangements orders. Unless there are exceptional circumstances such as the risk of abuse, the Family Court will usually say that the children should spend time with both parents.

What If My Partner Wants To Change Our Child’s Name?

The Family Court is keen to ensure that a child’s link to its parents is maintained despite their separation. Sometimes, agreements can be reached that the child will have a double-barrelled name to reflect that of both parents. If disputes do arise, then applications can be made to the Court to either prevent a name being changed without consent (prohibited steps orders) or for a name to be changed (specific issue orders).

What If I Want To Stay In The Family Home But My Husband Disagrees?

In financial proceedings on divorce, the Family Court has wide ranging powers to achieve an outcome that is fair and reasonable in all the circumstances of any case. The Court will look at all of the financial circumstances – for example, what the property is worth, whether you could buy out your husband’s share of the property, what your and his needs and those of any children are and if there are other assets – to work this out, if you cannot reach an agreement. Family mediation can be useful here too as in mediation, you and your husband will set the agenda and consider things that you feel are important in your family, rather than have a decision imposed upon you by the Court.

What If I’m Not Married? I Have Rights As A “Common Law Spouse”, Don’t I?

The “common law spouse” is something of a myth. Unmarried cohabiting couples don’t have as much protection as their married counterparts. Usually, what one partner or other is entitled to on the breakdown of a relationship comes down to ownership. For example, in the absence of agreements to the contrary, jointly owned property will be split 50/50 and contents and belongings will be divided with regard to who purchased them. This can leave those who are the financially weaker position very vulnerable, particularly where they have relied on the support of the other for a long time. There are some limited steps that can be taken, especially where there are dependent children, but the Law in this area is overdue for reform. Many pressure groups have been campaigning for this for some years.

What If I Don’t Want To Go To Court? What Can I Do?

The Family Court should always be the last resort. In some cases, in emergencies or where no agreements are possible, then Court proceedings will be required. However, most cases do settle “out of Court”. Correspondence and negotiation between lawyers often resolves things quickly and inexpensively. Agreements reached can be set out in writing in a variety of ways so that everyone knows where they stand. Other dispute resolution processes such as family mediation, collaborative law or arbitration can be used too. In these processes you will decide what the issues are with the help of the mediator, lawyers or arbitrator and be able to focus on those and how they impact upon your family. You will be helped to find solutions and legally binding arrangements together. These processes are often quicker and cheaper than Court proceedings too.

Whether you’re considering separation or divorce or you would like further details on any of the FAQs above, it’s always important to get professional legal advice. Every situation is different and we pride ourselves on our individual tailored approach.

Please feel free to contact me on 01332 364436 or via email at a.rose@timms-law.com.