Insight > Divorce and family FAQs

Divorce and family FAQs

Divorce and family law issues can be complex, but informed and tailored advice will guide you through the risks and requirements to arrive at the solution you are looking for. Here we provide answers to the questions our clients most frequently ask us. Get in touch if you have additional questions that aren't answered here.

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ON THIS PAGE:  DIVORCE FAQs | FINANCE ON DIVORCE FAQs | CHILDREN FAQs | COHABITATION FAQs | Mediation FAQS | Domestic Abuse FAQs

Divorce and separation: the effects on children's mental health

Divorce and separation can be particularly challenging for children. Understanding the impact on their emotional wellbeing and knowing when to seek support can help them feel safe and supported. Find out more about the latest trends and issues impacting relationships, couples, and families around the world on our family insights hub.

FAMILY INSIGHTS

Divorce

Can I get a divorce in England? What do I need to prove to get a divorce? How do I get divorced in England?
How much does it cost to get divorced in England? How to choose a divorce lawyer Can anyone find out that I am getting divorced?
Do I need to change my surname after divorce? Are there any alternatives to divorce?

Finance on divorce

What financial orders can the court make upon a divorce? How are assets split as part of divorce? What will happen to our family house if we divorce? What happens to pensions if we divorce? Will one of us have to pay spousal maintenance to the other following a divorce?
If I am paying spousal maintenance what happens if my ex-spouse starts a new relationship? Does one parent have to pay child maintenance to the other following separation? Are inherited assets or assets gifted from family protected from divorce? Are assets held in a trust protected in a divorce? If I am getting divorced abroad, can I still make financial claims in England?
Do we have to go to court to resolve our financial issues upon divorce? Do I have to give financial disclosure as part of divorce? How do I find out if my spouse is hiding assets as part of divorce? Are pre-nuptial agreements legally binding in England? What happens to assets I receive in the future after a divorce?

Children

How do we decide child 'custody' after divorce or separation? Do I have to go to court to decide where our children will live after divorce or separation? How does a court decide living arrangements for children after divorce or separation? What is a typical set of arrangements for a child when their parents divorce or separate? Can children's arrangements be changed as circumstances change? 
What is 'parental responsibility'? How do we make decisions about schooling and other important things now that we are separated? My former partner will not let me see my child. Should I get a child arrangement order? Do I need the other parent's permission to take my child on holiday abroad? Can I change my child's surname now that I am divorced?
Can I move abroad with my child after divorce or separation? How can we minimise the impact of divorce or separation on our children? Does one parent have to pay child maintenance to the other following separation? Will our child have to play any part in court proceedings about him/her?

Cohabitation

Are there any proposals for new cohabitation laws? Are there any ways for cohabiting couples to get legal protection?
Do cohabiting parents have the same rights and responsibilities towards a child as married couples? Is there such a thing as 'common law marriage'?
What happens if we cohabit in a house that only one of us owns? What happens to cohabitants' assets and income on relationship breakdown?

Mediation and non-court dispute resolution

Do I have to give financial disclosure as part of the mediation process? Is mediation legally binding? What are the other forms of NCDR?
What is a MIAM? What is Child Inclusive Mediation (CIM)? What is mediation and how does it work?
What is Non-Court Dispute Resolution (NCDR) and how do I choose the right method for me? What is the interaction between court proceedings and NCDR? What sorts of family disputes can mediation help with?

Domestic abuse

What is domestic abuse? How can I protect myself if I am a victim or victim-survivor of domestic abuse? What impact does domestic abuse have on children proceedings?
What impact does domestic abuse have on financial proceedings in a divorce? Where can I find domestic abuse helplines? What is an occupation order?
What is a non-molestation order? Having experienced economic abuse, how can I know what I'm entitled to in my divorce? How can I fund my legal fees if my partner has prevented me having access to family resources?
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Get in touch

Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce.  Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.

Divorce and family services

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