0113 218 5428 Contact us

FAQ's - Frequently asked questions about divorce & separation

You are here

The Divorce-Rights online service is owned and managed by Winston Solicitors LLP

Our family law solicitor team will give you straightforward, expert legal advice when you need it most. Family law often covers a wide range of issues for those who are married or living together. Our solicitor team can help with affordable legal services across England & Wales.

Separation

Q? I want a legal separation, my husband has left me, what should I do?

You need to know if separation and a legally binding document is the best option for you financially, and in terms of legal fees, or if you should divorce. You need legal advice to help you make this decision.

Divorce

Q? How do you get a divorce in England & Wales?

A marriage is a legal contract which you bring to an end by following a legal process. Most marriages are ended by a series of legal documents, without anyone attending Court. Read more

Q? How much does a divorce cost?

A.

A high street solicitor will charge typically between £650 to £1,000 VAT (and court fees), depending on where you live, if you are starting proceedings.  Divorce Rights will charge you from £395 plus VAT (plus Court fees). Read more

Q?

My spouse is having an affair, what should I do?

A.

You need advice about whether you should separate, or divorce. You need advice about how to protect yourself financially, and if your children should be introduced to your spouses boyfriend / girlfriend. Read more

Q?

I think my spouse is having an affair. My friends have seen him in a pub with another woman and I have his mobile phone bill. Will I be able to divorce on this basis?

A.

It can be a very expensive and lengthy legal process to try and divorce someone on the grounds of adultery if they won’t admit to it.  You need legal advice as there may be a cheaper and quicker way forward. Read more

Q?

I want to divorce my husband on the grounds of adultery. Do I have to name his girlfriend?

A.

It can cause delay, and additional legal costs, if you do name his girlfriend in the divorce petition as a Co-Respondent. Read More

Q?

What is unreasonable behaviour?

A.

The behaviour of your spouse must be such that it is unreasonable for you to be expected to live together. Read more

Q?

How do I prove unreasonable behaviour?

A.

You need to establish that you found your spouse’s behaviour unreasonable, and that objectively, no-one could expect you both to live together because of that behaviour. Read more

Q?

We married abroad, can we still divorce in England?

A.

The issue is not where you married, but where each of you are living. You can divorce in England if either you, or your spouse are habitually resident or domiciled in England or Wales wherever you married, and whatever your respective nationalities. Read more

Finances

Q?

My wife has left me, does she have to pay towards the mortgage and bills?

A.

This is a complex financial issue and you need advice. You need to sit down and work out what all of your outgoings are, and your income from earnings and benefits before we can advise you. You will need to tell us if you have any children.

Q?

Will I have to sell the house?

A.

If the house is very big and you have spare bedrooms, and most of the money of your marriage is tied up in the house, the house may have to be sold, but there is no set mathematical formula and the issues are complex, and you need advice.

Q?

Will I be able to stay in the house with the children until they leave school?

A.

There is no set mathematical formula for dividing up matrimonial assets in a divorce. There is a list of things that must be considered. The divorce law states that if there can be a “clean break” between you and assets put into sole names rather than remaining in joint names that this should happen.

Q?

My wife has changed the locks – can she do this?

A.

If you are a joint owner of property, you cannot be prevented from entering your home other than be order of the Court.  You are entitled to break an entry to your home but you must not cause a breach of the peace, and must leave the property secure.

Q?

Do you need a divorce lawyer?

A.

You may not think you do if you have an agreement, but you need to make sure that the agreement will stick legally. A divorce solicitor will get you to think about pros and cons of an agreement which you may not have thought about.

Q?

I want to get re-married and am divorced, but finances have never really been sorted out, is this a problem?

A.

It may be a huge problem to you in the future financially and you need legal advice before you marry.

Q?

My wife wants to me to move out but she’s the one having the affair.  We have 3 children. I could go and stay with my mum, or could rent, but I don’t see why I should. Do I have to move out?

A.

It is often very stressful living in the same house when a marriage has broken down. It is often impossible to protect your children from this stress, from overhearing arguments and from the tension in the household. You need to try and put your children first and think rationally about what is best for them. People often begin to suffer in terms of health if they are living in this situation, which can have an effect upon employment.

Q?

My husband has taken the plasma TV and my CD collection, can I get them back?

A.

Contents are often very expensive to argue about through a solicitor. The legal fees can outweigh the value of the items. You may be able to negotiate that you receive a lump sum by way of compensation.

Children

Q?

My children don’t want to see their dad, do I have to make them go?

A.

Research shows that it is generally in a child’s best interests if they have a good relationship with both parents. In most cases, a Court will order that children should see their father regularly. There are some exceptions to this, and you need legal advice.

Q?

My wife won’t let me see my children, what should I do?

A.

You should consider mediation or negotiation through a solicitor before applying to a Court.  We can give you advice as to how much contact a Court may order, negotiate on your behalf, or represent you in Court.

Living together / cohabiting

Q?

I bought a house with my girlfriend. We’ve been together 7 years. I put down more than her and she hasn’t worked for 3 years and hasn’t paid towards the mortgage. She wants to sell the house and separate, and get half.
What should I do?

A.

This is a complex financial issue and you need legal advice. Your intention when you bought the house is important, as are contributions you have made and the way in which you have run the household finances eg. from a joint or sole account.

PLEASE NOTE: We can discuss your case initially without charge and will provide an overview of how our service may be able to help you. If we cannot help you directly, we may be able to provide some very useful guidance about your situation or send you one of our specialist information brochures.

CALL OUR HELPLINE or make a written enquiry by using the contact form on the left of the page.