1. What services do you offer related to divorce and child custody?
We specialise in all aspects of divorce and child custody, residence and child arrangements, including filing for divorce, financial settlements, and child visitation rights, access and time spent with each parent and permissions to leave the country short term and long term, name changes and other specific issues that can crop up when parties separate.
See Separation with Children and Divorce and Separation for more info
2. How long does the divorce process typically take in the UK?
After issue of a divorce petition there now needs to be a 20 -week period before the next step of applying for a conditional order can be made. Once the conditional order has been made you then have to wait a minimum of 6 weeks and a day before you can finalise the divorce. 26 weeks is the minimum amount of time, usually it will take longer and most will be advised not to finalise the divorce until financial matters are resolved by way of court order so that can increase the time between start and finish of the divorce further.
3. What are the grounds for divorce in the UK?
As of April 2023, the ground for divorce is the irretrievable breakdown of the marriage.
More about the grounds for divorce in the United Kingdom here
4. How is child custody determined in the UK?
The welfare of the child is paramount;
- Delay is likely to prejudice the welfare of the child;
- The court shall not make an order unless to do so would be better for the child than making no order (the ‘no order’ principle).
- That there is an overriding starting point that maintaining contact and relationships with both parents is beneficial to the child.
See Separating with children for more information here
In applying the welfare principle, the court will consider a checklist of factors set out in the CA, including:
- The child’s wishes and feelings: the older the child, the greater the weight given to them;
- Their physical, emotional and educational needs;
- The likely effect on the child of any change in their circumstances;
- The age, sex, background and characteristics of the child which the court thinks is relevant;
- Any harm the child has suffered or is at risk of suffering;
- How capable the child’s parents are in meeting the child’s needs.
See Separation with Children and Divorce and Separation for more info
5. Can I get legal aid for my divorce and child custody case?
Legal aid is not available for most divorce, child arrangements or financial issues following separation and relationship breakdown. It is available if there is evidence of domestic abuse. Legal aid can only be obtained through solicitors who have a legal aid contract. Gillbanks Family Law does not have a contract to provide Legal Aid but can offer varied hourly rates and some agreed fees where needed.
6. How is property and financial assets divided in a divorce?
The starting point is to divide assets equally between the parties, however the divorce and family court can vary that ratio after considering what is known as the section 25 factors.
Section 25 Facts
- The income, earning capacity, property and other financial resource which each of the parties to the marriage has, or is likely to have in the foreseeable future. This includes in the case of earning capacity, any increase in that capacity which it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire
- the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future
- the standard of living enjoyed by the family before the breakdown of the marriage
- the age of each party to the marriage and the duration of the marriage
- any physical or mental disability of either of the parties to the marriage
- the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family
- the conduct of each of the parties, whatever the nature of the conduct and whether it occurred during the marriage or after the separation of the parties or (as the case may be), dissolution or annulment of the marriage, if that conduct is such that it would in the opinion of the court be inequitable to disregard it
- in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring
- In cases where there are young children, the Court’s first concern will always be the welfare of those young children and how their needs will be met. In reality, the decisive factor in the majority of cases is the reasonable needs of the parties and the children of the family.
7. What is a 'child arrangement order', and do I need one?
A child arrangement order is a legal decision outlining where the child will live, when they will spend time with each parent, and other specific matters. It's often used when parents cannot agree on these issues and or to confirm some arrangements agreed after an issue has arisen, or where there is likely to be travel outside of the UK for holidays. Not everyone will need one though.
See Separation with Children and Divorce and Separation for more info
8. Can I change my child custody arrangement after it's been set?
Yes, custody and child arrangements can be modified if there's a significant change in circumstances. Both parents must agree to the changes, or a court order must be obtained.
9. How are child support payments calculated in the UK?
Child support payments are typically calculated based on the non-resident parent's income, the number of children, and the time children spend with each parent.
10. Do you offer mediation services for divorce and child custody?
No, we do not offer mediation services but can help you refer to family mediators and support you with legal advice whilst you undertake family mediation.
See Separation with Children and Divorce and Separation for more info