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The time that it takes for a divorce to be completed will depend on the individual circumstances of each case. Within the process though, there are two key waiting periods. Firstly, once the application for divorce has been issued, the applicant (or joint...
Children due to start school in September 2023 will receive confirmation of their school application outcome on 17 th April 2023 (National Offer Day). All parties who hold parental responsibility for a child should be involved in important decisions such...
The new law which came into force on 27 February 2023 (The Marriage and Civil Partnership (Minimum Age) Act 2002) means that it is no longer legal for 16 and 17 year olds to be allowed to marry or enter a civil partnership, even if they have the consent of...
A final order (previously known as a Decree Absolute) finalises a divorce and confirms that the marriage has ended. To end your marriage you must apply for either: a final order a decree absolute - if the court issued your divorce application before 6...
A conditional order confirms that the court does not see any reason why you cannot divorce. This was previously known as a Decree Nisi. An applicant can apply for a conditional order 20 weeks after their divorce application has been issued. If the judge...
To issue divorce proceedings a court fee of £593 is payable. Each person getting divorce will also have their own legal costs should they instruct a solicitor. The general rule on who pays the legal fees in a divorce is that each party will pay their...
Following the breakdown of a marriage, it is common that there are financial issues which need to be resolved. These financial issues are aimed to be settled through a process of three hearings. The most important hearing is the second hearing, which is...
Where families experience issues following a separation, for example, where the parents can’t agree on child arrangements . The court must maintain that the children’s welfare is the most important issue. Therefore, the court may provide...
If you have decided that your marriage has irretrievably broken down, it can be difficult to know what steps to take next. In this blog we discuss a quick overview of the divorce process. I want a divorce – what do I do? If you feel that your...
Trying to decide the plans for Christmas Day can be a difficult conversation for any family, but even more so for separated parents who cannot agree on the arrangements for the children on Christmas Day. What are my options? The first step should...
A stepparent can play a significant role in a child’s life and be heavily involved in their childhood and carrying out ordinary daily tasks for that child. However, when it comes to making decisions regarding the child, a stepparent has no legal...
Whether or not you have a Will in place it is important to know who inherits from your estate in the event you go through a divorce. When you get married, any Will you already had in place is automatically revoked (unless the will specifically states...
A parent cannot unilaterally change their child’s school without the consent of anyone else who holds Parental Responsibility (usually the child’s other parent). Any such unilateral change is not only damaging for the child, but disregards the...
If your partner wants to divorce you, while you can cause them delay, frustration and additional expense, eventually they will succeed. You also need to be mindful of the fact that they could pass those additional costs onto you if they are successful...
If your partner is refusing to acknowledge the divorce papers this can be extremely frustrating, but there are options available to you to enable you to proceed with the divorce. What is the divorce process? Once you have completed the...
In divorce proceedings the First Appointment is one of three court hearings scheduled to resolve the financial matters of the divorce. The First Appointment Before the First Appointment (also referred to as an FDA) both parties are required to...
Parental responsibility refers to all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property. A parent has control over their child’s choices until they reach the age of...
The Welfare Principle has been described as the “golden thread” of decision-making. It represents the paramountcy of the welfare of the child when decisions are being made about them. According to Section 1(1) of the Children Act 1989 , when a...
In April 2022 the Divorce, Dissolution and Separation Act (DDSA) 2020 came into force and it changed the way a divorce can be obtained. This reform is the most significant change to divorce law in almost 50 years and is progressive in its approach to...
The starting point is always that each party will pay their own legal costs in private children proceedings, regardless of the outcome of the case. The case of Re T (a child) (2005) confirms that it will be exceptional for the court to make a costs order...
