FAQs

The most Frequently Asked Questions

FAQs
Our FAQs are in sections:
General Questions, Divorce & Separation, Finances, Children, Domestic Abuse, Cohabitation and Prenuptials.
If these FAQs do not answer your question, please do get in touch, we will happy to help.
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FAQs

1. How can I get in touch?

Please feel free to call us on 01793 852800, send us an email to info@ktfamilysolicitors.co.uk or simply call into our Royal Wootton Bassett offices to speak to one of our expert legal team. Alternatively, complete the form on our Contact page and one of us will get in touch.

2. What can I expect at the initial appointment?

We offer a complimentary, informal first appointment, where we get to know you and understand your unique story. There is no time limit – you can take as long as you need. We’ll then give you our professional assessment of your case and an idea of costs involved should you wish to instruct us. There is no obligation to do so, and our door is always open should you wish to come back and talk to us again.

3. How can I get in touch without my partner knowing?

We understand you may need to communicate privately. We offer discreet contact options, including phone calls with blocked numbers. Alternatively, you’re welcome to visit us during our opening hours without prior notice.

4. Will I see lots of different solicitors?

We believe in building relationships with our clients, so with us you will always have the same dedicated lawyer working on your case, providing consistent support and a familiar point of contact.

5. Do I have to go to court?

Whether you are divorcing, separating, trying to agree child arrangements, or sort out your finances, we will work hard to find a resolution. We might signpost you to additional services, such as a mediation. Our goal is to avoid recourse to the courts, and even if proceedings are underway, we will still work towards a settlement. Where cases do require court intervention, we’ll ensure you have expert representation from a skilled family law barrister.

6. Do you do legally aided work?

We don’t do legal aid work, but focus on privately funded cases. However, our fees are designed to be competitive and are always clearly outlined on our Fees page. We understand that every client’s situation is unique, and we offer flexible service options, allowing you to choose the level of support you require. We believe in a collaborative partnership, tailoring our services to your specific needs and working together to achieve the best possible outcome.

Divorce & Separation

1. What is divorce?

While divorce formally ends a marriage, it’s important to understand that it doesn’t resolve related issues such as childcare arrangements or financial settlements. Recent legal changes have introduced ‘no-fault’ divorces, meaning neither party is required to prove fault, and the divorce cannot be challenged. A couple must be married for at least a year to apply for a divorce. For civil partnerships, the legal process is called dissolution.

2. Do I need a divorce?

If you wish a court to make an order on your finances, or if you want to remarry, then you need to have formally divorced. If you and your partner are able to part amicably and don’t require a court order to formalise your financial arrangement (and neither of you plans to wed again), you may choose to remain married.

3. What is judicial separation?

Judicial separation occurs where a couple opt to legally separate, but they still wish to remain married, perhaps for religious reasons. A judicial separation enables the court to have the power to make an order on the couple’s finances.

4. How long will my divorce take?

For straightforward cases, the whole process takes approximately eight months.

5. Do I have to go to court for my divorce?

No, these days everything is completed with the paperwork submitted online. The final hearing is held in a court, in front of a judge, but there is no requirement for couples to attend.

6. Can I still divorce if I don’t know where my partner is?

If your partner’s whereabouts are unknown, or if they do not respond to the divorce paperwork sent to them, you can still divorce. Be aware that this situation may lengthen the process. We can discuss this with you at our initial, complimentary meeting.

Finances

1. What is a financial order?

A financial order is issued by the court and is a legally binding document outlining the financial arrangements for dividing assets, debts, and other financial resources between couples who are divorcing or separating. It will usually provide a clean break for the couple, and – if it is contravened – is legally enforceable.

2. What is the difference between a solicitor and a barrister?

Should your case go to court, as your solicitors we will work as a team with a barrister.  In court, you will be represented by your barrister, who specialises in family law and who is also an experienced advocate, who will ably present your case in front of a judge.

Children

1. What is a Child Arrangements Order?

A Child Arrangements Order is a court order that determines where a child lives, who they spend time with, and the details of that contact. Legal language has evolved. Instead of ‘access’, ‘custody’, ‘contact’, and ‘residence’, we now use ‘lives with’ and ‘spends time with’.

2. Can I change my Child Arrangements Order?

Child arrangements often need to evolve as children mature. We can help you navigate these changes, whether it’s through collaborative discussions with your partner’s solicitor to amend a Child Arrangements Order, or through court representation if an agreement cannot be reached.

3. Can I arrange to see my grandchild?

We understand that family matters may extend beyond parents. If you’re a grandparent, aunt, adult sibling, or another relative interested in discussing child arrangements, we’d be pleased to offer our support. We can guide you through your options and represent you if you choose to take a case forward.

4. What is a Prohibited Steps Order?

If you believe your partner might take a course of action you disagree with, we can help you by applying to the court for a Prohibited Steps Order.

This is a court order issued to prevent one of the parents from taking a certain action, for example picking a child up from school, or taking a child abroad, or relocating.

5. What is a Specific Issue Order?

When parents with shared parental responsibility disagree on critical decisions like schooling, holidays, vaccinations, or religious ceremonies, a Specific Issue Order can provide a resolution. We can help you apply to the court, which will then make a binding decision on the matter.

Domestic Abuse

1. What is a Non-Molestation Order?

This is an injunction issued by the court preventing you from contacting your partner.

2. What is an Occupation Order?

This is an injunction issue by the court, removing you from the property you share with your partner.

Cohabiting Couples

1. What is a cohabitation agreement?

A cohabitation agreement is a legally binding contract between two unmarried people who live together. It outlines the financial and property arrangements of the couple, both during the relationship and in the event of separation, illness, or death.

 

2. Is a cohabitation agreement legally binding?

Yes, a cohabitation agreement is legally binding. However, it is important to note that a cohabitation agreement cannot override the law. For example, if you have children, you will still have to follow child support laws.

3. What is a separation agreement?

A separation agreement formalises financial, property, and child arrangements for couples who are separating.

4. Is a separation agreement legally binding?

A separation agreement isn’t legally binding in itself, but it can be used as the basis for a financial consent order during divorce proceedings, which is legally binding. 

Prenuptial

1. What is a prenuptial agreement?

A prenuptial agreement, or a prenup, is a contract made before marriage or civil partnership that outlines how assets and debts will be divided in the event of divorce or separation.