It may be that you do not wish to divorce, and in those circumstances we can consider legal separation. If this is the case, you can legally separate by entering into what is known as a Separation Agreement.
A separation agreement is a contract between you and your spouse/civil partner which will include the terms upon which you agree.
The Agreement can deal with financial matters and with relations with any children of the relationship.
The agreements frequently refer to divorce at some time in the future, however a Separation Agreement is reliant upon both parties agreeing to terms.
If an agreement is unlikely to be reached then an application to the Court will probably be needed in either divorce or dissolution proceedings, or proceedings for judicial separation.
Judicial Separation is rarely used, although we do offer full advice in this regard should you require it.
FREQUENTLY ASKED QUESTIONS
The following are common questions we get asked about Family Law issues. If you cannot find the answer here, please ask us for an answer.
Although you do not need a solicitor to get a divorce or dissolution, you will benefit from clear legal advice at a stressful time in your life.
The advice of a professional divorce solicitor who has experienced many similar situations in the past in invaluable.
If your divorce ends up in court it can be very expensive – upwards of £3,000.
That is why as experienced Family Law solicitors we see that it is so much easier and simpler to agree all the terms amicably by discussion.
The standard cost of a divorce is usually between £500 and £1000, depending on whether you are the petitioner or the respondent.
That sum excludes anything to do with finance.
Although in principle a divorce or dissolution aims at a 50/50 split, is unusual for all assets and income to be split equally.
The division depends on many factors including childcare, cost of living, and the perceived financial input of each party.
The division doesn’t have to be dealt with in court, it is more likely to be a decision achieved through mediation.
A Family Lawyer acting in a Divorce – or a Divorce Solicitor – deals with all aspects of the divorce proceedings, financial arrangements and childcare issues arising out of a separation.
Family Law solicitor helps with all other aspects of Divorce:
- sorting out finances after a separation;
- making arrangements for children after a separation;
- protection from domestic abuse; and
- prenuptial agreements (prenups).
Fixed Fee Scheme
Find out about our unique Fixed Fee Scheme for Family Law cases, and see if it’s right for you.
There’s a lot of jargon involved in the world of Family Law, so we have put together a glossary of the most common terms, with explanations.
Family Solicitor Focus
The human face of Family Law: meet Cunningtons partner Jill Wiggins, who works out of our Braintree office.