FAQ - Family Law, Divorce, and Child Custody
At Bank Solicitors, our clients have ranked us as the best solicitors in Redditch and Bromsgrove. This is most likely because we understand that family law matters can be emotionally and legally complex.
Below, we’ve compiled answers to frequently asked questions about divorce, separation, financial remedies, and child custody to help you make informed decisions. We proudly serve clients in Redditch, Bromsgrove, and surrounding areas.
1. Divorce FAQs
Q: What are the grounds for divorce in the UK?
A: As of April 2022, the UK follows a "no-fault" divorce system, meaning you don’t need to prove fault (e.g., adultery or unreasonable behaviour) to get divorced. Simply stating that the marriage has broken down irretrievably is sufficient. Read more on the link below:
www.banksol.co.uk/groundsfordivorce
Q: How long does a divorce take in the UK?
A: A divorce typically takes around 6-12 months to complete, depending on how quickly paperwork is filed and whether there are disputes over finances or children. Read more on the link below:
www.banksol.co.uk/how-long-does-a-divorce-take-in-the-uk
Q: Do I need a solicitor to file for divorce?
A: While you can file for divorce online yourself, having a family solicitor ensures all legal aspects are handled correctly, especially when financial settlements or child arrangements are involved. Read more on the link below:
www.banksol.co.uk/do-i-need-a-solicitor-to-file-for-divorce
Q: How much does a divorce solicitor cost?
www.banksol.co.uk/howmuchdoesadivorcesolicitorcost
Q: What solicitor do I need for a divorce?
www.banksol.co.uk/what-solicitor-do-i-need-for-a-divorce
Q: Where is the nearest divorce solicitor to me?
www.banksol.co.uk/where-is-the-nearest-divorce-solicitor-to-me
Q: Who is the best divorce solicitor near me?
www.banksol.co.uk/who-is-the-best-divorce-solicitor-near-me
Q: How do I get a divorce or start a divorce?
www.banksol.co.uk/how-do-i-get-a-divorce-or-start-a-divorce
2. Separation FAQs
Q: What is the difference between separation and divorce?
A: Separation means you and your partner live apart but remain legally married. Divorce, on the other hand, legally ends your marriage. Read more on the link below:
www.banksol.co.uk/what-is-the-difference-between-separation-and-divorce
Q: Can we make a legal agreement during separation?
A: Yes, you can create a separation agreement to formalise arrangements for finances, property, and child custody. This document is not legally binding but can carry weight in court. Read more on the link below:
www.banksol.co.uk/can-we-make-a-legal-agreement-during-separation
Q: Do I need to wait before filing for divorce after separation?
A: No waiting period is required under the no-fault divorce system, but some couples choose to separate first to work through their issues or prepare for divorce. Read more on the link below:
www.banksol.co.uk/do-i-need-to-wait-before-filing-for-divorce-after-separation
3. Financial Remedies FAQs
Q: How are finances divided during divorce?
A: The court considers factors like the length of the marriage, income, assets, children, and contributions made by both parties. The aim is to achieve a fair settlement, but this doesn’t always mean a 50/50 split. Read more on the link below:
www.banksol.co.uk/how-are-finances-divided-during-divorce
Q: What is a clean break order?
A: A clean break order is a legal document that ensures neither party can make future financial claims against the other after the divorce is finalised. Read more on the link below:
www.banksol.co.uk/what-is-a-clean-break-order
Q: Do I need to disclose all my financial assets?
A: Yes, full financial disclosure is required by law. Hiding assets could result in penalties or an unfair outcome in court. Read more on the link below:
www.banksol.co.uk/do-i-need-to-disclose-all-my-financial-assets
4. Child Custody FAQs
Q: What is the difference between child custody and child arrangements?
A: In the UK, the term "child custody" has been replaced with "child arrangements." It refers to decisions about where the child lives, visitation schedules, and parental responsibilities. Read more on the link below:
www.banksol.co.uk/difference-between-child-custody-and-child-arrangements
Q: How does the court decide child arrangements?
A: The court prioritises the child’s welfare and considers factors like the child’s age, emotional needs, the capability of each parent, and any history of abuse or neglect. Read more on the link below:
www.banksol.co.uk/how-does-the-court-decide-child-arrangements
Q: Can grandparents apply for child custody or visitation?
A: Yes, grandparents can apply for a court order to have contact with their grandchildren, but they will usually need the court’s permission to proceed. Read more on the link below:
www.banksol.co.uk/can-grandparents-apply-for-child-custody-or-visitation
5. General Family Law FAQs
Q: What is mediation, and do I have to attend?
A: Mediation is a process where a neutral mediator helps you and your partner reach an agreement on issues like finances or child arrangements. In most cases, attending a Mediation Information and Assessment Meeting (MIAM) is required before going to court. Read more on the link below:
www.banksol.co.uk/what-is-mediation-and-do-i-have-to-attend
Q: What is a prenuptial agreement, and is it legally binding?
A: A prenuptial agreement is a contract signed before marriage outlining how assets will be divided in the event of a divorce. While not legally binding in the UK, courts often take it into account. Read more on the link below:
www.banksol.co.uk/what-is-a-prenuptial-agreement-and-is-it-legally-binding
Q: Do I need a solicitor for family law matters?
A: Having an experienced family solicitor ensures that your rights are protected, whether you’re dealing with a divorce, child custody, or financial disputes. At Bank Solicitors, we provide expert guidance tailored to your unique situation. Read more on the link below:
www.banksol.co.uk/do-i-need-a-solicitor-for-family-law-matters
6. Conveyancing / Property Law FAQs
Q: How do I find the best conveyancing solicitor near to me?
A: A smooth property transaction can save you time, stress, and potentially thousands of pounds. But with so many options out there, how do you choose the right one? We are confident we can offer the solution here at Bank Solicitors. You can find out more by viewing the link below:
www.banksol.co.uk/how-do-i-find-the-best-conveyancing-solicitor-near-me
7. TOLATA - Trusts of Land and Appointment of Trustees Act 1996
Q: What is TOLATA? What are TOLATA Claims?
A: TOLATA (Trusts of Land and Appointment of Trustees Act 1996) is a UK law that governs disputes over property ownership and trusteeship. It allows courts to determine ownership rights, financial interests, and occupation rights in land, particularly in cases involving unmarried couples, family members, or business partners. Read more on the link below:
www.banksol.co.uk/tolata
8. Unmarried Couples Legal Rights
Q: What are the rights of unmarried couples?
A: There is no such thing as a "common-law marriage." This means that unmarried couples do not automatically have the same legal rights as married couples when it comes to finances, property, or inheritance. Read more on the link below:
www.banksol.co.uk/unmarried-couples-legal-rights
9. Contested Probate / Contested Wills
Q: Who can contest a Will?
Q: What is contested probate?
Q: How do you contest a Will?
Q: How do you defend a contested Will?
Q: What are the time limits for contesting a Will?
Q: How to start the process of contesting a Will or Probate Process?
A: A Will can be contested by those with a legal interest, such as beneficiaries or dependents, on grounds like undue influence or lack of capacity. Contested probate refers to disputes over a Will’s validity or estate administration. To contest, one must file a legal claim with evidence. Defending a Will involves proving its validity. Time limits vary, but most claims in England and Wales must be made within six months of probate. To start, seek legal advice, gather evidence, and file a claim.
Find out more by clicking the link below:
www.banksol.co.uk/contesting-a-will-or-contested-probate
Why Choose Bank Solicitors for Family Law in Redditch and Bromsgrove?
We have extensive experience in handling divorce, separation, and child custody cases.
Our approachable team offers compassionate yet professional advice to guide you through challenging times.
We’re proud to serve Redditch, Bromsgrove, and nearby areas, providing local knowledge and trusted expertise.