Frequently Asked Questions

Divorce

Q1. How long does it take to get divorced?

A1. If the divorce proceedings are undefended, it usually takes around six months from Petition to Decree Absolute. However, if you use the court to resolve financial issues in a matter in running separately, but alongside the divorce proceedings, it will usually take between six and eighteen months.

Q2. Will I have to attend court?

A2. In most cases, applications to the court are made in writing with no requirements to attend court in person.

Financial Matters

Q3. When can I apply to the court to resolve financial matters?

A3. A matter dealing with financial issues between you can only be started once the divorce has been filed.

Q4. When can the court make an order resolving financial matters?

A4. The court cannot make an order before Decree Nisi. The order can only take effect on Decree Absolute.

Living Together

Q5. Do I have the rights as a ‘common law’ husband or wife?

A5. There is no such legally recognised status as ‘common-law’ husband and wife. This means, for example, that however long the relationship, you are not entitled to seek maintenance for your own benefit. If there are children involved you may be entitled to child maintenance and possibly the payment of any school fees.

Children

Q6. Should I apply to the court to deal with questions about children?

A6. Most people come to an agreement without going to court. If an agreement is reached, it should be recorded in writing and signed and dated by those making the agreement.

Q7. When can I approach to court to deal with children issues?

A7. Children Issues Children’s issues can be started at any time before, during or after the divorce. On divorce, Decree Nisi could be delayed if there are still arguments over living arrangements or contact and Decree Absolute may not be granted if the arrangements for children are not satisfactory

Q8. How does the court approach children issues?

A8. The primary concern of the court is the child's welfare. The court will not make an order unless it considers that to do so would be better for the child than making no order at all. It is important that the court is able to deal with matters quickly as delay in determining a question with respect to the upbringing of a child is likely to prejudice their welfare.

Q9. Will the child have to attend court?

A9. It is not usual for a child to attend any hearing at court. Independent children and family reporters are the ‘eyes and ears’ of the court. Children and family reporters are officers of the Children and Family Court Advisory and Support Service (CAFCASS). They look after the interests of children involved in family proceedings, meeting with the relevant people in the life of the child and advising the court when asked to do so.

Collaborative Law

Q10. What is Collaborative Law?

A10. An integrated cross-disciplinary system for problem solving in a divorce situation. This requires collaborative lawyers to coordinate their work with other collaborative professionals who specialise in addressing the emotional and financial problems of divorce. Working together as a team they seek to contain conflict and to help the family to restructure from a single family system to a two family system. The goal of collaborative divorce is to conserve both the emotional and financial resources of the family.

Q11. How does collaborative law differ from conventional divorce representation?

A11. If you adopt the collaborative process and your spouse or partner also agrees to engage a collaborative lawyer, and we sign a participation agreement, then our collaborative lawyer will represent your interests until a final settlement is reached and a written agreement is prepared. Our collaborative lawyer will be retained specifically to assist you in reaching a comprehensive agreement with your spouse or partner. You will retain the right to terminate the collaborative law process at any time and go to court, but doing so ends representation of you. If your spouse should offer to go to court this will also terminate the collaborative law process, and you would need to retain another lawyer to assist you in the court.

Q12. What is the difference between collaborative law and mediation?

A12. In mediation there is one neutral professional who helps the disputing parties try to settle their case. Mediation can be challenging where the parties are not on a level playing field with one another, because a mediator cannot give either party legal advice, and cannot help either side explain its position. If one side or the other becomes unreasonable, or stubborn, or lacks negotiation skills, or is unable to articulate their concerns, the mediation can become unbalanced. If the mediator tries to deal with the problem the mediator may be seen by one side or the other as biased. With collaborative law each party has legal advice and advocacy built in at all times during the process. Even if one side or the other lacks negotiation skills, or financial understanding, or is emotionally upset or angry, the playing field is levelled by the direct participation of the skilled collaborative lawyers.

Q13. Is collaborative law only for divorces?

A13. Collaborative lawyers can do everything that a conventional family lawyer does except go to court. They can consider Pre-Nuptial Agreements, Living Together Agreements, and Civil Partnerships. Collaborative law can be used in any dispute where disputing parties want a contained, creative, civilised process that builds in good legal advice.

Q14. What kind of information and documentation is available in the collaborative law negotiations, and what happens if one side seeks to withhold information to take advantage of the other party?

A14. Both sides sign a binding agreement to disclose all documents and information on a voluntary basis at the earliest opportunity and to cooperate fully with the meetings in order to make them as productive as possible. Lawyers stake their professional integrity on ensuring full early voluntary disclosure of necessary information. The collaborative agreement requires the lawyer to withdraw upon becoming aware that his or her client is becoming less than fully honest, or participating in the process in bad faith.

Q15. Is collaborative law the best choice for me?

A15. Collaborative law will not suit every case. It is worth considering if:-

• You want a civilised respectful resolution of the issues
  
• You would like to keep open the possibility of friendship with your partner down the road
  
• You and your partner will be co-parenting children together and you want the best co-parenting relationship possible
  
• You want to protect your children from the emotional harm sometimes associated with litigation
  
• You and your partner have a circle of friends or extended family in common that you both want to remain connected to
  
• You value your privacy in your personal affairs and do not want details of your problems to be aired at court
  
• You value control and autonomous decision making and do not wish to hand over decisions about restructuring your financial situation, or child care arrangements, to a stranger, that is a judge
  
• You and your spouse will commit your intelligence and energy towards creative problem solving rather than recriminations or revenge, that is fixing the problem rather than apportioning blame
  
• You value a quicker, less costly, more creative, more individualised, less stressful and overall more satisfying method of resolving your disputes
  

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