Frequently Asked Questions

1. How is property divided in a divorce settlement?

It is a generally held misconception that in a divorce settlement property is divided roughly half and half between the two parties. However, where there is no agreement the court must consider many factors relating to the circumstances and needs of the two parties and of any children. Therefore, in order to gauge how these factors will affect your particular circumstances, you will be very likely to need legal advice.

2. Financially, how are co-habitants viewed by the law?

The law does not regard co-habitation as equivalent to marriage. Rather, the couple are seen as two people who have entered into a contract or agreement- express or implied. In order to clarify the wishes of each party, a written agreement is advisable to record the situation and the intentions of the parties. The absence of such a prior agreement is likely to cause difficulty and advice will certainly be needed should the parties separate.

3. What is the significance of a pre-nuptial agreement in the event of a divorce?

The law in England and Wales (unlike that of many countries and American states) does not make a pre-nuptial agreement legally binding. However, when divorcing parties have had a prenuptial agreement, the court is able to take it into account. Now that pre-nuptial agreements are becoming more popular in society the government may legislate to change their status.

4. What laws apply to civil partners?

A Civil Partnership ceremony is similar to a marriage. It enables gay (same sex) couples to register their relationship. In the event of a breakdown of this relationship, the law will treat the parties very similarly to a heterosexual couple in similar circumstances.

5. What is the difference between private and public law regarding children?

Public law relates to cases in which the government takes legal action to protect children from abusive or neglectful domestic circumstances. Private law deals with disputes between parents (and other permitted individuals) in relation to residence, contact, parental responsibility, prohibited steps and specific issue orders.

6. What leads to a legally binding agreement following separation?

In family law there are three ways by which a settlement can be fixed: litigation, mediation, and collaborative law. Litigation is usually costly and may involve both parties appearing in Court; it can be emotionally draining. It should be seen as a last resort for use only when couples cannot reach an agreement having tried all other options.
Mediation requires that the parties together see a trained mediator who will help them to settle their differences.
Collaborative family law is a new means for helping separating couples by working with a team of professionals trained to resolve differences. The parties (accompanied by their lawyers) meet to discuss the problems. Should collaboration succeed, differences will be resolved without going to Court. This method is advantageous as it can provide swift settlement and avoid the undue stress and cost of contested Court proceedings.

7. What is the meaning of a non-molestation order and an occupation order in domestic violence cases?

A non-molestation order prohibits the use of violence, intimidation or harassment. An occupation order excludes or restricts one party from the family home, in the interest of protecting the remaining party and relevant children.

8. What happens if I cannot afford a lawyer?

Subject to your financial circumstances, you may be entitled to apply for public funding from the Legal Services Commission (formerly legal aid). Some or all of the legal fees of qualifying applicants will be paid by the state.

9. How do I book an appointment?

The first half hour of all appointments at Pooleys is free. You can book an appointment with one of our family team by either calling or emailing. See our 'contact us' page for details.

10. What do I need to bring to my initial appointment?

All clients will need to provide:

Photo ID (e.g. passport, photographic driving licence)
Confirmation of address (e.g. recent utility bill, bank statement etc)

Clients who require an assessment for eligibility for public funding will ALSO need:

letter confirming benefits received
three (3) months previous pay slips (if working)
document confirming rent/mortgage paid (e.g. tenancy agreement, rent receipt, mortgage statement etc)

The contents of this webpage are intended to highlight matters which may be of interest. They should not be interpreted as complete statements of law. Professional advice should always be sought before decisions are made about legal matters.

Family