An unmarried father does not automatically have parental rights if they are not named on the Birth Certificate. These rights known as Parental Responsibility can be applied for through the Courts or by agreement. It is usually granted if commitment can be shown.
The partner who becomes the primary carer of Children can apply for money and/or property orders to ensure that the Childrens’ needs are met to include school fees and they have comfortable housing during their minority.
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Frequently Asked Questions
How long do I have to be married before I can start a divorce?
You have to be married for at least one year before divorce can be commenced.
Do I have to divorce in the country where the marriage took place?
No. You are able to divorce in the UK as long as you or your spouse have been resident here for at least one year before starting your case, or you and your spouse are domiciled in the UK.
If my spouse and I have been separated for two years, are we automatically divorced?
No.The same procedure has to be followed before divorce is finalized. See Our Flowchart
What paperwork do I need to start a divorce?
- A divorce petition.
- Original Marriage Certificate, with translation if appropriate.
- A fee.
How long does it take to divorce?
An ‘agreed divorce’ takes about 5-6 months to finalize.
What happens if I cannot find my spouse?
You are still able to divorce by showing the court that you have made attempts to locate them. The facts of 2 years’ separation with consent or adultery should not be relied upon in this instance.
Our professional and highly experienced team of family law can assist you in your legal matters with full respect, ensuring you maintain a private family life. Begin the process today by submitting a confidential request, filling in the form below. We will respond to you shortly.