Expert Family Law & Divorce Solicitors

There are a number of factors that affect divorce proceedings. These make it difficult to give an exact timescale and are generally affected by:

• If you or your partner agree on finances and other issues; and

• Returning paperwork to us in a timely manner.

From our experience it usually takes between 6-8 months to complete a divorce. We realise in some instances that you would like a quick divorce but it important to consider all of the decisions as this may affect you for the rest of your life. Our specialist divorce solicitors will give you expert advice that will allow you to move on with your life whilst ensuring your best interests are protected.

Generally, the person who commences divorce proceedings pays for their own solicitor.

Only a small number of divorce cases ever go to court. This is down to a number processes that are designed to avoid couples going to court, especially in financial matters. These can include:

• Mediation

• Collaborative divorce

• Negotiation

• Arbitration

In the rare instance that your divorce proceedings end up in court, we will be ready to help you with all the details and will ensure your divorce progresses as quickly and efficiently as possible.

A child arrangement order sets out who the child spends their time with, and where they will live. You may have heard the words “custody” and “access” which are no longer used by the courts but often referred to in this context.

The court’s decision will be made in the best interest of the child, but the court recognises that a child benefits from time spent with both parents. It is very unusual that court will permit a child to live with one parent without time spent with the other, unless there is a welfare issue.

Factors such as where they are schooled and their background will be considered during the case, as the court refers to a welfare checklist in its decision making.

These are the key steps to obtain a child arrangements order:

1.  If required, obtain court permission, for example for extended family members or grandparents. This is not ordinarily required for parents, civil partners (with parental responsibility) and stepparents.
2.  Attempt to negotiate an arrangement for children out of court via Mediation Information and Assessment Meeting (MIAM), if suitable. Make an application to court, will then be shared with the person on the other side, such as your ex partner.
3.  Attend the first court hearing at which the judge or magistrates will listen to the issues of both parties and may attempt to help reach an agreement. If successful, the agreement will be made into a court order and the process ends. If unsuccessful then a second court hearing will be arranged, if needed.
4.  If a second court hearing is required then the court will review again the issues and potentially hear from any others who have had any involvement, such as social services or CAFCASS, who are trained professionals in child law, who work with the court. The court will attempt to resolve the matter but there could be a final hearing if an agreement cannot be reached.
5.  At any final court hearing there will be an opportunity for both parties to present their case and a Judge or a magistrate will make a decision after hearing evidence from both.

The above process does not cover the agreement on child maintenance law. This is considered a separate matter.