FAQs
FAQs
Find answers to common questions regarding family law, divorce, child custody, and financial settlements. Our goal is to provide clarity and support.
What is the difference between a barrister and a solicitor?
A solicitor typically handles legal matters outside of court, such as providing legal advice, preparing documents, and negotiating settlements. A barrister, on the other hand, specializes in courtroom advocacy and litigation, representing clients in court proceedings. Barristers are often instructed by solicitors but can also be accessed directly through Direct Access in certain cases.
Can I instruct you directly without a solicitor?
Yes, through the Direct Access Scheme, you can instruct me without needing a solicitor. This means you can seek expert legal advice, representation, and document drafting directly from me, saving time and legal costs. However, in some complex cases, a solicitor may still be necessary, and I can advise you accordingly.
What is the process for child arrangements in court?
If parents cannot agree on child arrangements, such as custody or visitation, they may need to apply to the Family Court for a Child Arrangements Order. The process typically involves:
- Mediation: Encouraged before applying to court.
- Application: A C100 form is submitted to the court.
- First Hearing (FHDRA): The court reviews the case and may suggest resolutions.
- Further Hearings: If needed, the court gathers reports and evidence.
- Final Order: The judge makes a legally binding decision in the child’s best interests.
How are assets divided in a divorce?
The court aims for a fair division of assets, considering factors like:
- The length of the marriage
- Each spouse’s financial needs and contributions
- Any children involved
- Future earning potential and housing needs
Typically, assets include property, savings, pensions, and investments. Courts encourage settlements through negotiation, but if no agreement is reached, a Financial Remedy Order may be necessary to ensure a fair distribution.