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Frequently Asked Questions

How long does the divorce process typically take?

The duration of a divorce process can vary depending on the complexity of the case and whether it’s contested or uncontested. On average, an uncontested divorce may take 4-6 months, while a contested divorce can take 12-18 months or longer. Factors affecting the timeline include financial settlements, child arrangements, and court schedules.

What are the grounds for divorce in the UK?

As of April 2022, the UK introduced a no-fault divorce system. The only ground for divorce is now the irretrievable breakdown of the marriage. Couples can file for divorce jointly or individually without having to prove fault or wait for a separation period.

How is child custody determined in family law cases?

Child custody, now referred to as child arrangements, is determined based on the best interests of the child. Factors considered include the child’s wishes (depending on age), parental ability to meet the child’s needs, and any risks to the child’s safety or well-being. Courts encourage parents to reach agreements through mediation when possible.

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Can a prenuptial agreement be enforced in the UK?

Prenuptial agreements are not automatically legally binding in the UK but are given significant weight by courts if certain conditions are met. These include both parties receiving independent legal advice, full financial disclosure, and the agreement being fair and entered into willingly without pressure.

How are assets divided in a divorce?

Asset division in a divorce aims for a fair distribution, not necessarily an equal split. Factors considered include the length of the marriage, financial contributions, non-financial contributions (e.g., childcare), future financial needs, and the welfare of any children. The goal is to achieve a clean break where possible.

What legal protections are available for victims of domestic abuse?

Legal protections for domestic abuse victims include non-molestation orders, occupation orders, and domestic violence protection orders. These can prevent an abuser from contacting the victim, exclude them from the family home, or impose other restrictions. Emergency injunctions can be obtained quickly in high-risk situations.

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