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A divorce in the UK can take approximately 5 to 6 months, but it can take longer if there are disagreements or any complex issues.
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.
Challenging a divorce is now extremely limited. A spouse cannot contest the divorce simply because they disagree with it, making delays far less likely. Only technical issues, such as jurisdiction or the validity of the marriage, can be raised.
A mutual divorce is usually more cost-effective because there are fewer disputes and less legal correspondence. It also tends to progress more smoothly, especially when financial or childcare agreements are reached early. Overall, cooperation saves both time and money.
If one party starts a divorce jointly but then later disagrees, then the case can simply continue with the other party as a sole applicant. This does not mean the divorce has to start again from the beginning. The divorce will continue to be processed and the court will make the required orders. We will help advise you on what you need to do in this situation.
Jurisdiction can have a big impact on how assets are divided and what financial support you receive. English courts tend to be generous and they follow a needs-based approach. This can be very favourable for many people. Getting the right jurisdiction can make a big difference to the outcome.
The new law, introduced in April 2022, allows couples to divorce without blaming either partner for the breakdown of the marriage. You now only need to state that the marriage has irretrievably broken down, without giving any reasons. The aim is to reduce conflict and make the process more straightforward.
The key changes include removing fault-based reasons, introducing joint applications, and limiting the ability to contest a divorce. There is also a new 20-week reflection period before moving to the Conditional Order. These updates make the process more neutral and less adversarial.
Yes, they are able to make a joint application if they wish to approach the divorce in a cooperative way. This can be helpful to keep the situation constructive and stop it becoming too acrimonious. Applications are still able to be made by a sole applicant if necessary. Contact us in London, Manchester or Birmingham to make updates quickly and securely with professional advice.
There is a minimum timescale of approximately six months, due to the prescribed waiting periods. This is made up of a 20 week reflection period, followed by a further six weeks waiting period to the Final Order stage. The process may take longer if financial arrangements need to be resolved.
The cost varies depending on the complexity of the case. At Shortlands, we aim to offer fixed fees for each stage of the child arrangement process, so you know what to expect.
Not always. Many parents prefer to reach agreements through negotiation, mediation, or solicitor-led discussions. Court is only required when parents cannot agree or when there are safety concerns that need formal intervention.
Yes, child arrangements can be reviewed and modified if your child’s needs or circumstances change. Changes such as new school schedules, relocation, or health issues may necessitate adjustments. We can negotiate changes with your ex or apply to the court if they are contested.
If an informal agreement isn’t respected, a formal Child Arrangements Order may be necessary. If there is a court order in place, it can be enforced by the court. The court can take measures to ensure compliance. We evaluate your situation and recommend the most effective course of action.
The court prioritises the child’s best interests and stability. They consider factors such as emotional needs, continuity of schooling, the child’s wishes (depending on age), and each parent’s ability to meet their needs. The goal is always to ensure a safe, supportive long-term arrangement.
Yes, even if you agree to everything amicably, you should have the settlement approved by the court to make it legally binding. Without a court order either party can make a financial claim against the other years after a divorce, so a formal order is the only way to be sure of your long term security.
All assets are potentially on the table and this will include property, savings, pensions, investments, business interests and other assets. Debts and liabilities are also included, so that the full picture can be understood and a balanced and reasonable solution found.
Yes, most couples resolve financial matters through negotiation, mediation, or solicitor-led discussions. Court is generally a last resort for when parties are unable to agree. We will always seek the most cost effective and cooperative way forward in the first instance.
The time it takes to agree a financial settlement will vary. If your financial affairs are straightforward and you are in agreement with your spouse this can take a few months, however more complex matters that involve property, business assets or pensions will take longer. We aim to make steady progress with your case whilst ensuring your best interests are protected.
No. Prenups are not just for the super-rich – anyone can benefit from sorting out financial responsibilities, protecting family property and avoiding disputes. Even moderate levels of assets or savings can be put in the right hands with a prenup.
Key factors include: full and honest financial disclosure by both parties; independent legal advice for each person; the agreement being signed voluntarily (without duress); and being signed well ahead of the wedding (ideally at least 28 days before). Courts also consider whether the terms are “fair” and whether they leave either party or any children in serious hardship.
There are restrictions. You cannot enforce clauses about child custody, visitation, or child support – these are governed by the Children Act 1989, and the court retains discretion. Lifestyle clauses (e.g., who does chores, or infidelity fines) are generally not enforced. Also, any illegal clauses or those that significantly prejudice one party are likely to be invalidated.
Absolutely. One of the most common reasons for a prenup is to ring-fence inherited wealth, business interests, or property owned before the relationship so they remain outside the “matrimonial pot.”
Yes — judges retain discretion. Even a well-drafted prenup can be disregarded if circumstances have changed significantly, or if enforcing it would be unfair (for example, if a party was not properly informed, or if the agreement leaves children or one spouse in hardship).
Costs vary depending on complexity. For simpler prenups, you might pay a few thousand pounds; more complex situations (e.g., business interests, international assets) will cost more. According to some solicitors, it might start around ~£1,500 plus legal advice, but this is very case-specific.
If one party can show that they were coerced, under duress, or didn’t receive independent legal advice, a court may refuse to uphold the agreement. It’s very important both people get independent solicitors to draft and review the prenup.
Yes — reviewing the agreement after major life changes (e.g., children, business growth, inheritance) is wise. That way, the terms remain relevant and fair as your financial situation evolves.
Yes. It’s not just about divorce — your prenup can clarify financial expectations, protect your legacy for children, and avoid significant disputes later. Even with no intention to divorce, having a prenup can provide structure and certainty.
A prenup usually sets out how assets, property, savings, pensions, and debts will be divided in the event of divorce. It can also cover inheritance protection for children, business interests, or specific gifts. It cannot lawfully dictate arrangements for child custody or support, as these are decided by the court.
A prenup primarily deals with divorce, not death. To protect your interests if your partner dies, you should also consider a valid will. A prenup can complement estate planning by clarifying how jointly held or personal assets are treated.
Prenups are not automatically legally binding in England and Wales, but courts increasingly respect them if they are fair, both parties had independent legal advice, there was full financial disclosure, and the agreement was entered voluntarily. The landmark Radmacher v Granatino (2010) case set a strong precedent.
Yes. A prenup can outline how debts are managed during the marriage and who is responsible for specific liabilities in case of divorce. This can prevent disputes over credit cards, mortgages, or loans acquired before or during the marriage.
Yes, it is strongly recommended that both parties have independent legal advice. This ensures that both partners fully understand the agreement and increases the likelihood that a court will uphold it if challenged.
Ideally, a prenup should be signed well before the wedding, at least 28 days prior, to avoid any claim of duress. Giving enough time allows both parties to seek advice, discuss terms calmly, and ensure the agreement is fair and enforceable.
Yes, cohabitants don’t automatically benefit from the same tax advantages, pension benefits, or “next-of-kin” rights as married couples. For example, pension or account nomination should be set up proactively.
Yes. A cohabitation agreement often works alongside a will and declarations of trust. If either party has property, assets, or inherited wealth, it’s wise to formalise how these are managed or passed on.
Under some circumstances, a former cohabitant must bring a claim within one year of separation to make a capital claim. After that time, it may be more difficult (or impossible) to proceed.
No. Scotland has stronger statutory rights for cohabitants under the Family Law (Scotland) Act 2006, while England and Wales rely mainly on property and trust law for protection. Laws differ for inheritance and property disputes.
Only if you can prove a legal interest, such as contributions to mortgage payments, renovations, or a declaration of trust. Without this, you generally have no automatic right to the property.
Yes. Tools like cohabitation agreements or declarations of trust can specify who owns what share of a property. This ensures contributions and intentions are legally recognised.
No. If only one partner is on the title deeds, the other partner may have no legal claim, even if they paid for mortgage or improvements. To protect property interests, couples can set up a declaration of trust to reflect who owns what share.
Yes. If the primary carer wants to move, it may impact contact arrangements with the other parent. Courts will weigh the child’s welfare against the benefits of relocation for the primary carer.
Yes. If circumstances change—like the other parent taking on more caregiving—the primary carer status can be reassessed. Courts focus on what arrangement is best for the child.
Some benefits, like child tax credits or Universal Credit, may be affected if you are the main carer. Eligibility often depends on income, residency, and childcare responsibilities.
Sometimes. Courts may order the other parent to contribute if the dispute is about the child’s welfare, but it’s not guaranteed. Legal aid may also be available in certain circumstances.
Getting clear child arrangements in writing, seeking legal advice, and keeping detailed records of caregiving responsibilities all help. Mediation or family law agreements can also prevent future disputes.
When a partner dies, inheritance rules vary depending on the country where the assets are located. A UK will alone may not be enough to guarantee your rights to assets held abroad. It’s often recommended to have separate wills for different countries to make sure your wishes are respected. Failing to plan properly can lead to lengthy legal battles or unintended distributions. Consulting a solicitor experienced in international estate planning is highly advisable.
Yes, taxes on international assets can be complex. You may have to pay taxes in the country where the asset is held as well as in the UK. Capital gains, income, and inheritance taxes can all apply, depending on local laws. Proper planning and reporting can help minimise tax liabilities and avoid penalties. Professional advice is essential to ensure compliance with all relevant tax laws.
Yes, but it can be challenging. Courts can order full disclosure of all assets, including those held abroad, and forensic accountants may be involved to trace hidden assets. Enforcement depends on the cooperation of the foreign jurisdiction. Legal advice in both countries is usually needed to make sure your claim is valid. Transparency and early action are crucial to protect your financial interests.
Not necessarily. Some countries may not enforce UK agreements unless they comply with local laws. This means that a prenup protecting international assets may need to be validated under the laws of the country where the assets are located. Getting professional advice in both jurisdictions can prevent disputes and ensure your agreement is recognised. Planning ahead is the best way to protect your interests.
The first step is to make a full list of all your assets, including property, bank accounts, investments, and pensions held abroad. Then, seek legal advice both in the UK and in the countries where your assets are located. Early planning helps clarify what needs to be disclosed and how to protect your interests. Keeping clear records and financial statements can also make the process smoother. Taking action early is the best way to avoid complications later.
Yes, everything discussed in mediation is private and cannot be used in court if the talks break down. This allows both parties to speak openly without fear of it being held against them later. Confidentiality encourages honest discussion and creative problem-solving. It’s one of the key reasons mediation is popular.
If you cannot reach an agreement, you can still go to court for a final decision. Mediation doesn’t replace the court process but often helps narrow issues or make the court process simpler. Even if it fails, it can provide a clearer picture of each party’s position. Many families find the experience still helpful for future negotiations.
Usually, yes. Mediation tends to be less expensive because it avoids lengthy court proceedings and legal fees. It can also save time, stress, and emotional strain. Many couples consider it a practical first step before resorting to court.
They can, if turned into a consent order approved by the court. Otherwise, the agreement is a private arrangement and not automatically enforceable. A solicitor can help formalise it so it carries legal weight. This ensures both parties follow through on the decisions made.
Mediation works best when both parties are willing to communicate and compromise. It’s not suitable if there’s ongoing domestic abuse or serious power imbalances. Even so, many couples in high-conflict situations benefit from professional mediation guidance. The mediator ensures discussions are safe, structured, and focused on solutions.
Usually, yes. Because it avoids lengthy court schedules, you can reach an agreement in weeks or months rather than years. Meetings are scheduled to suit both parties, and solutions are crafted jointly. It’s often a quicker, less stressful, and more cost-effective approach.
Absolutely. The process is designed to encourage respectful communication and compromise. Unlike court, it focuses on understanding each other’s needs and interests. Many couples find they can maintain a better relationship post-separation, especially when children are involved.
Generally, it’s more expensive than mediation because each party has a lawyer, but it’s usually cheaper than full litigation. The investment often pays off by avoiding prolonged court battles. You also gain tailored solutions that better suit your family and financial situation. Many couples find the cost worthwhile for the peace of mind.
If no agreement is reached, the case can go to court, but you must hire new lawyers. The collaborative lawyers cannot represent you in court to encourage genuine commitment to the process. Even if it doesn’t fully succeed, it often clarifies issues and narrows disputes for litigation.
You start by hiring collaborative lawyers for both parties and signing a participation agreement. This sets out the process, confidentiality, and commitment to avoid court if possible. Then, you attend structured meetings to negotiate solutions. It’s a clear, supported path to resolving disputes without adversarial conflict.
Yes, you can leave gifts to friends, charities, or anyone you choose. A will gives you full control over who receives what. Proper legal guidance ensures your wishes are respected and legally enforceable. Our London solicitors can help structure these gifts correctly to avoid disputes.
Your will can include guardians for children and set up trusts to protect their inheritance. This is especially important if you have young children or dependents with special needs. Clear legal planning avoids future complications. Reach us to get expert advice and ensure your children’s future is secure.
The first step is to list your assets, beneficiaries, and any special wishes. Then speak to a qualified solicitor who can draft a legally binding will tailored to your circumstances. Professional guidance ensures everything is correctly documented and enforceable. Contact us in London today for trusted solicitors to help you prepare your will confidently.
Yes, you can update your will as your circumstances change, such as after marriage, divorce, or acquiring new assets. It’s important to review your will regularly to ensure it reflects your current wishes. Failing to update a will can lead to unintended consequences. Contact us in London to make updates quickly and securely with professional advice.
Executors are responsible for managing your estate, paying debts, and distributing your assets according to your will. You can choose family members, friends, or a professional solicitor. Many people use professional executors to ensure the process is smooth and legally correct. Our London team can act as experienced executors to manage probate efficiently.
Failing to pay inheritance tax can result in penalties, interest, and delays in administering the estate. HMRC can seize assets to recover the amount owed. It also increases stress for your loved ones during an already difficult time. Seeking professional advice early helps ensure everything is handled correctly and efficiently.
Yes, if you own property or investments outside the UK, they may still be liable for UK inheritance tax. Local tax rules in the foreign country may also apply, which can complicate matters. Planning with an expert familiar with international estates can prevent unexpected liabilities. We can provide guidance for dealing with cross-border inheritance issues.
Yes, there are several, including the spouse exemption, charitable donations, and reliefs for certain business or agricultural property. Using these exemptions correctly can make a big difference to your estate. Proper planning ensures that you take full advantage of what’s available. Our solicitors can explain all the options and tailor a plan for you.
The sooner, the better. Early planning gives you more options to reduce the tax and protect your family’s wealth. Even small changes in how assets are structured can have a big impact over time. We can help you get started with a clear, practical plan.
Yes, trusts are one of the most effective tools for managing inheritance tax. They allow you to control how assets are distributed while potentially reducing tax liability. Setting them up correctly requires professional legal guidance to ensure they are valid and enforceable. We can provide expert advice and support to create trusts tailored to your family’s needs.
Yes. Preventing access to money, controlling finances, or restricting your ability to work is recognised as abuse. Financial abuse can have long-term effects on your independence and safety. Legal measures can help you regain control and protect your assets. Our solicitors can explain the options available and help you take action.
Yes, domestic violence laws apply to cohabitants, partners, ex-partners, and other family members, regardless of marital status. Protection orders and legal remedies are available to anyone experiencing abuse. Early advice ensures you understand your rights and the steps you can take. We offer professional guidance to help you navigate these situations safely.
Evidence can include police reports, medical records, photographs, witness statements, and communications like texts or emails. Even small details can help the court understand your situation. Collecting evidence safely and legally is important. Our solicitors can advise on how to gather and present evidence effectively.
The court process is designed to protect victims, not put them at more risk. Measures like non-molestation orders aim to prevent further harm. Support services can also provide practical safety advice during legal proceedings. With the right guidance, legal action is often a vital step to regain safety and control.
A solicitor can guide you through protection orders, child arrangements, and financial remedies. They can help prepare court documents, provide representation, and advise on your rights. Professional advice increases your chances of a safe and fair outcome. Contact us for expert support and practical guidance in domestic violence cases.
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