The following are some of the questions we find most people going through family proceedings ask.
| In which court do I start divorce proceedings? |
If the divorce is going to take place in England and Wales then it is possible to file the petition any County Court that has the appropriate divorce jurisdiction. More often than not, however, the divorce will be started in the Petitioner's local county court. Click here for more information.
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| It is always the case that children automatically live with the mother? |
The short answer is no, but it is true that in most cases, particularly when the children are very young, they will end up living with their mother. It is important to understand, however, that this is not because of any rule that says a child must live with its mother, but rather because that is the conclusion of the court after applying the law to the facts of each individual case. As each individual case is different, it follows that the conclusion will not always be the same. Click here for more information
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| Is a 50/50 split the norm for a financial settlement? |
Each case is looked at on an individual basis and depends on the circumstances surrounding the divorce/finances. Whilst a 50/50 split may be a good starting point, it is not automatic and various factors which the court has to consider can result in the end result being something different. Click here for more information
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| Should I make a new Will upon my divorce? |
The answer is yes. The pronouncement of a decree absolute automatically alters any Will that you have made insofar as the other spouse. It is therefore advisable to revise any Will that you have made.
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| How long does a divorce take? |
The whole process should take between 3 to 6 months. However, this does not take into account any contested proceedings regarding the finances.
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