FAQs Family Law
1. How does divorce work in the UK, and what are the legal steps?
Divorce in the UK follows a no-fault system, meaning couples can separate without blaming each other. The process involves:
✔️ Filing a divorce application
✔️ Serving the application to your spouse
✔️ Applying for a conditional order (previously decree nisi)
✔️ Finalising the divorce with a final order (previously decree absolute)
2. What is the process for child custody arrangements?
Child arrangements focus on the child’s best interests. Parents can agree informally or apply for a Child Arrangements Order through the court if disputes arise.
3. How do prenuptial agreements work, and should I get one?
Prenups outline financial arrangements in case of divorce. While not legally binding, courts consider them if fair and properly drafted.
4. Can I challenge an unfair financial settlement in divorce?
Yes, financial settlements can be contested if they are unfair or fail to meet legal guidelines. Properts can help negotiate or challenge settlements.
5. How does cohabitation affect legal rights if unmarried?
Unmarried couples do not have the same legal protections as married couples. A cohabitation agreement can safeguard financial and property rights.
6. What are my rights if my partner refuses to sell our joint home?
If one partner refuses to sell, you may need a court order to force the sale or buy out their share.
7. Can grandparents apply for legal contact with grandchildren?
Yes, grandparents can apply for a Child Arrangements Order if denied access.
8. What happens if a parent refuses child maintenance payments?
The Child Maintenance Service (CMS) enforces payments, and legal action can be taken against non-paying parents.
9. How do I protect assets in divorce proceedings?
✔️ Prenuptial or postnuptial agreements
✔️ Trusts and asset protection strategies
✔️ Legal representation to ensure fair division
10. What is the legal process for changing my child’s surname?
A child’s surname can be changed with both parents’ consent or through a court order if one parent objects.
11. Can I relocate with my child after separation?
Relocation requires the other parent’s consent or a court order if disputed.
12. How does mediation work in family law cases?
Mediation helps resolve disputes without court involvement, ensuring amicable agreements on divorce, finances, and child arrangements.
13. What are the legal grounds for a restraining order?
Restraining orders protect individuals from harassment, abuse, or threats. Courts issue them based on evidence of harm or risk.
14. How does adoption work in the UK, and what is the legal process?
Adoption involves:
✔️ Assessment by social services
✔️ Approval from an adoption panel
✔️ Legal adoption order granted by the court
15. Can I get divorced without going to court?
Yes, online divorce applications allow couples to separate without attending court, unless disputes arise.
16. How do I legally separate without divorcing?
A legal separation agreement outlines financial and child arrangements without ending the marriage.
17. What rights do unmarried partners have on separation?
Unmarried partners do not have automatic financial rights but can claim property or child support.
18. What happens to joint debts after a divorce?
Joint debts remain shared responsibility, but courts can allocate repayment obligations.
19. How does domestic violence impact divorce proceedings?
Domestic abuse can affect child custody, financial settlements, and restraining orders.
20. What are the legal rights of step-parents?
Step-parents can apply for parental responsibility or child arrangements orders if involved in a child’s upbringing.