Family Law FAQs | Clear Answers from a Specialist Barrister
Straightforward answers to the most common questions about divorce, financial remedies, children arrangements, international family law, Public Access and fees — from Seema Kansal, Family Law Barrister at FOURTEEN Chambers, London.
Your Questions Answered
Why Family Law Questions Matter
Family law is rarely simple. Divorce, the division of finances, arrangements for children, protection from domestic abuse, and cross-border issues all involve legal rules, court procedures and practical consequences that can feel overwhelming. Many people reach for answers online before they ever speak to a lawyer — and the quality of those answers can shape the decisions they make next.
This page is designed as a comprehensive, plain-English resource. It addresses the questions clients most often ask Seema Kansal, a specialist Family Law Barrister practising from FOURTEEN Chambers at 14 Gray’s Inn Square, London. The answers reflect the law of England and Wales and are written to be useful both to individuals considering Public Access (Direct Access) instruction and to those working with solicitors.
Nothing on this page is a substitute for tailored legal advice. Every case turns on its own facts. If you need advice on your specific situation, you can instruct Seema directly under Public Access or through a solicitor.
General Family Law
General Family Law Questions
What does a Family Law Barrister do?
A family law barrister specialises in advising and representing clients in disputes arising from family relationships. This includes divorce and financial remedy proceedings, child arrangement disputes, domestic abuse injunctions, international family cases and Court of Protection work. Barristers are advocacy specialists. They provide written and oral advice, draft key documents, negotiate settlements and appear in court before the Family Court, High Court and Court of Appeal. Seema Kansal practises exclusively in family law from FOURTEEN Chambers in London and accepts instructions from solicitors and, under Public Access, directly from members of the public.
Do I need a solicitor as well as a barrister?
Not always. Under the Public Access scheme you can instruct a barrister directly for advice, drafting and court representation without first instructing a solicitor. Many clients complete their cases this way. However, some matters involve extensive evidence-gathering, ongoing correspondence or complex case management that is better handled by a solicitor working alongside the barrister. Suitability for Public Access is assessed at the outset. See the Public Access page for more detail.
What is the difference between a solicitor and a barrister in family law?
Solicitors typically manage the day-to-day running of a case, gather evidence, correspond with the other side and prepare the file. Barristers specialise in advocacy and specialist advice. They present the case in court, provide formal opinions and draft complex documents. In traditional instructions a solicitor instructs a barrister for hearings or advice. Under Public Access the client can instruct the barrister directly for those elements of the work.
Can Seema represent me outside London?
Yes. Seema Kansal advises and represents clients across England and Wales. She appears in courts beyond London where the case requires it. Many conferences can also take place by video or telephone, making geographical distance less of a barrier.
What courts does Seema appear in?
Seema appears regularly in the Family Court, the High Court (Family Division) and, where necessary, the Court of Appeal. The level of court depends on the nature and complexity of the case. High-value financial remedy cases, complex children cases and international matters are often heard in the High Court.
Is family law advice confidential?
Yes. Communications between a client and their barrister are protected by legal professional privilege and confidentiality. Information shared for the purpose of obtaining legal advice is not disclosed to third parties without consent, subject to limited exceptions (for example, where there is a risk of serious harm).
How do I know if my case is suitable for Public Access?
Suitability is assessed at the enquiry stage. Cases that require extensive ongoing case management, complex multi-party correspondence or significant evidence-gathering may still benefit from a solicitor. Many divorce, financial remedy, children and injunction cases are suitable for Public Access. Chambers will advise clearly after receiving an outline of your situation.
What languages does Seema speak?
Seema advises and represents clients in English and is also able to assist in Hindi, Urdu and Punjabi. This can be particularly helpful for clients who prefer to discuss sensitive family matters in their first language.
What is FOURTEEN Chambers?
FOURTEEN Chambers is a specialist set of barristers’ chambers based at 14 Gray’s Inn Square, London. Seema Kansal practises from these chambers. Chambers provide administrative support, clerks who manage diaries and fees, and a professional environment regulated by the Bar Standards Board.
How do I start the process of instructing Seema?
Contact Chambers by telephone on 020 7242 0858, email clerks@fourteen.co.uk, or use the online enquiry form. Provide a brief outline of your situation. You will be advised on next steps, including whether Public Access is suitable and how to book a Strategic Legal Reality Check consultation.
Key Takeaway
A specialist family law barrister provides advice and court representation in divorce, finance, children and related matters. You can often instruct Seema Kansal directly under Public Access without a solicitor.
Divorce
Divorce FAQs
What does a Divorce Barrister do?
A divorce barrister advises and represents clients on the legal ending of a marriage or civil partnership and, more importantly, on the financial consequences that follow. While the divorce process itself has been simplified under no-fault divorce, the division of assets, pensions, maintenance and housing remains complex. Seema Kansal advises on strategy, drafts documents, negotiates settlements and appears at Financial Dispute Resolution hearings and final hearings. See the Divorce & Matrimonial Finance page for more detail.
How long does divorce take in England and Wales?
An uncontested divorce can usually be finalised in approximately six months from the date of the application, subject to court processing times. There is a mandatory 20-week period between the start of the divorce and the conditional order, followed by a further six-week period before the final order. Resolving the financial aspects of the marriage often takes longer, particularly if the case is contested or involves complex assets.
Do I need a reason for divorce?
No. Since the introduction of no-fault divorce, it is no longer necessary to prove adultery, unreasonable behaviour or separation. One or both parties simply state that the marriage has broken down irretrievably. This has reduced conflict at the start of the process, although financial and children issues can still be contested.
Can I finalise the divorce before the finances are sorted?
Yes, but it is usually unwise. Once the final order (formerly decree absolute) is made, certain claims (particularly under the Inheritance (Provision for Family and Dependants) Act) can be affected, and there can be practical and tactical disadvantages. Specialist advice is recommended before applying for the final order if financial matters remain unresolved.
What is a conditional order and a final order?
The conditional order (formerly decree nisi) is the court’s provisional confirmation that the marriage can be dissolved. The final order (formerly decree absolute) is the order that legally ends the marriage. There is a minimum waiting period of six weeks between the two.
Can I instruct a barrister for divorce without a solicitor?
Yes. Under Public Access you can instruct Seema Kansal directly for advice on the divorce process and, more commonly, for advice and representation on the financial remedy aspects of the case. Suitability is assessed at the outset.
What happens if my spouse will not cooperate with the divorce?
Under the no-fault regime, a sole application can proceed even if the other party does not engage, provided the procedural requirements are met. If the other party disputes jurisdiction or other technical points, specialist advice may be needed. Non-engagement on finances is handled through the financial remedy process and court directions.
Is mediation required before court proceedings?
Before making most family court applications (including financial remedy and children applications), applicants are required to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies (for example, domestic abuse or urgency). Mediation itself is voluntary, but the MIAM is a procedural requirement in most cases.
What is a consent order in divorce?
A consent order is a court order that records an agreed financial settlement and makes it legally binding. Once approved by the court, it prevents either party from making further financial claims arising from the marriage (subject to limited exceptions). Proper drafting is essential to ensure the order achieves the intended finality.
Can I get divorced if we live abroad or have overseas assets?
Jurisdiction depends on the parties’ connections with England and Wales. Overseas assets can still be taken into account in financial remedy proceedings, although enforcement against assets outside the jurisdiction may raise additional issues. International cases require careful strategic advice. See the International Family Law section for further information.
Key Takeaway
No-fault divorce has simplified the process of ending a marriage, but the financial consequences remain complex. Specialist advice is essential before finalising the divorce if finances are unresolved.
Financial Remedy
Financial Remedy FAQs
What is Financial Remedy?
Financial remedy is the legal process for dividing matrimonial assets after divorce or dissolution of a civil partnership. It covers property, pensions, savings, investments, businesses and income. The court has wide powers under the Matrimonial Causes Act 1973 to make orders for lump sums, property adjustment, pension sharing and maintenance. Cases can be resolved by agreement (recorded in a consent order) or decided by a judge after a contested final hearing.
How are assets divided in divorce?
There is no fixed formula. The court considers all the circumstances of the case under section 25 of the Matrimonial Causes Act 1973, including the needs of each party and any children, the length of the marriage, contributions (financial and non-financial), resources, and the standard of living enjoyed during the marriage. The aim is a fair outcome. In many cases the starting point is equal division of matrimonial assets, but this can be adjusted for needs, contributions or non-matrimonial property.
What happens if my spouse hides assets?
Non-disclosure can be addressed through court orders for further disclosure, third-party disclosure, forensic accountancy evidence and, in serious cases, adverse inferences or costs orders. The duty of full and frank disclosure is fundamental. Early and robust case management is critical where there are concerns about hidden assets.
Can pensions be divided on divorce?
Yes. Pensions are often one of the most valuable assets in a marriage. They can be shared by a pension sharing order, offset against other assets, or (less commonly) the subject of a pension attachment order. Different pension schemes have different valuation and implementation rules, so specialist advice is essential.
What is a clean break order?
A clean break order ends all ongoing financial claims between the parties. Neither spouse can later seek maintenance or a further share of assets. It provides long-term certainty and is often the preferred outcome where the resources allow it. Not every case is suitable for an immediate clean break; sometimes a term of maintenance is necessary first.
What is a Financial Dispute Resolution (FDR) hearing?
An FDR is a court hearing at which a judge gives an indication of the likely outcome if the case proceeded to a final hearing. The indication is without prejudice and the judge who conducts the FDR will not hear the final hearing. Many cases settle at or shortly after the FDR. Careful preparation and realistic advice are essential to make the most of this opportunity.
How are business assets treated in divorce?
A business or shareholding can form part of the matrimonial assets. The court will consider its value, liquidity, and the extent to which it was built up during the marriage. Valuation evidence is often required. Settlements may involve a transfer of shares, a lump sum funded by the business, or other structures designed to achieve fairness without destroying the business itself.
What is spousal maintenance?
Spousal maintenance (periodical payments) is ongoing financial support paid by one spouse to the other after divorce. It may be ordered for a fixed term or, less commonly, on a joint lives basis. The court considers needs, resources, earning capacity and the goal of achieving a clean break where possible. Maintenance can be varied if circumstances change significantly.
Do I need a consent order if we have agreed everything?
Yes. An informal agreement is not usually binding. A consent order approved by the court makes the settlement legally enforceable and prevents future claims. Without a court order, either party can potentially apply for financial relief years later. Proper drafting is essential.
What is Form E?
Form E is the standard financial disclosure form used in financial remedy proceedings. Both parties complete it, setting out their assets, liabilities, income, pensions and other relevant information. Full and accurate completion is a fundamental duty. Incomplete or misleading disclosure can have serious consequences.
Key Takeaway
Financial remedy determines how assets, pensions and income are divided after divorce. Full disclosure, realistic negotiation and, where necessary, robust court advocacy are essential to a fair outcome.
Children Law
Children Law FAQs
What is a Child Arrangements Order?
A Child Arrangements Order is a court order that sets out where a child will live and the contact arrangements with the other parent (or other significant people). It replaced the old concepts of “residence” and “contact” (and earlier “custody” and “access”). The court’s paramount consideration is the welfare of the child.
Who gets “custody” of the children?
The law no longer uses the term “custody”. The court decides child arrangements based on the child’s welfare. There is no automatic preference for mothers or fathers. Both parents usually retain parental responsibility. The focus is on practical arrangements that serve the child’s best interests.
What is parental responsibility?
Parental responsibility means the legal rights, duties, powers and responsibilities that a parent has in relation to a child. Mothers automatically have parental responsibility. Fathers have it if they were married to the mother or are named on the birth certificate (for births after a certain date). It can also be acquired by agreement or court order. Parental responsibility continues after separation unless removed by the court in exceptional cases.
Can grandparents apply for contact?
Yes. Grandparents (and other extended family members) can apply for a Child Arrangements Order, but they usually need the court’s permission first. The court considers the nature of the application, the applicant’s connection with the child, and any risk of disruption. Many grandparents succeed in obtaining defined contact arrangements.
What is a Specific Issue Order?
A Specific Issue Order resolves a particular dispute about a child’s upbringing — for example, which school the child should attend, whether the child should receive particular medical treatment, or whether the child can be known by a different name. The welfare of the child is again the paramount consideration.
What is a Prohibited Steps Order?
A Prohibited Steps Order prevents a parent (or other person) from taking a particular step in relation to a child without the court’s permission — for example, removing the child from the jurisdiction or changing the child’s school. It is often used as a protective measure.
Do I need a barrister for a child arrangements case?
Not every case requires a barrister. However, where the issues are contested, involve allegations of harm, or are likely to proceed to a final hearing, specialist advocacy and advice can make a material difference. Seema Kansal represents parents and other family members in both private and public law children cases.
What is the welfare checklist?
When deciding any question about the upbringing of a child, the court must have regard to the welfare checklist in the Children Act 1989. This includes the child’s wishes and feelings (considered in light of age and understanding), physical, emotional and educational needs, the likely effect of any change, age, sex, background, any harm suffered or at risk of suffering, and the capability of the parents.
Can I stop my ex taking the children abroad?
If there is a risk of unlawful removal, urgent applications can be made for prohibited steps orders, port alerts and other protective measures. If a parent wishes to relocate permanently abroad with a child, they usually need the consent of the other parent with parental responsibility or a court order. International relocation cases are complex and require specialist advice.
What happens in public law children cases?
Public law cases involve local authorities and concerns about significant harm. They can lead to care orders, supervision orders or other protective measures. Parents and other family members are entitled to legal representation. Seema Kansal has experience in public law proceedings and can advise on the process and representation options.
Key Takeaway
The court’s paramount consideration in children cases is the welfare of the child. Child Arrangements Orders set out living and contact arrangements; parental responsibility usually continues for both parents.
International Family Law
International Family Law FAQs
What is the Hague Convention on child abduction?
The 1980 Hague Convention on the Civil Aspects of International Child Abduction provides a mechanism for the prompt return of children wrongfully removed or retained across international borders. England and Wales is a contracting state. Applications are typically made to the High Court. Speed is critical. Specialist advice should be sought immediately if abduction is threatened or has occurred.
Can I relocate abroad with my child?
If the other parent has parental responsibility and does not consent, you will usually need a court order. The court applies the welfare principle and considers the proposed arrangements in detail, including the child’s ties to both parents and the practicalities of the move. These cases are often finely balanced and require careful preparation and realistic advice.
What happens in international child abduction cases?
If a child has been wrongfully removed to or retained in England and Wales, the left-behind parent can apply under the Hague Convention for a return order. The court acts quickly. Defences are limited (for example, consent, acquiescence, or a grave risk of harm). If a child has been taken from England and Wales to another country, the left-behind parent should seek urgent advice and contact the relevant Central Authority.
How does jurisdiction work in international divorce cases?
Jurisdiction for divorce in England and Wales depends on the parties’ domicile or habitual residence. Competing jurisdictions can arise when parties have connections with more than one country. Strategic advice is often needed at an early stage to determine the most advantageous forum and to avoid parallel proceedings.
Can overseas assets be included in a financial remedy case?
Yes. The English court can take overseas assets into account when deciding a fair financial settlement. Enforcement against assets outside the jurisdiction may require additional steps in the foreign country. Disclosure of worldwide assets is required.
What is habitual residence?
Habitual residence is a key concept in international children and jurisdiction cases. It is a question of fact, focusing on the place where the child (or adult) has their centre of interests. It is not the same as domicile or nationality. Establishing or challenging habitual residence can be central to jurisdiction disputes.
Do I need specialist advice for an international family case?
Yes. International cases involve additional layers of complexity: jurisdiction, applicable law, enforcement, and often tight time limits. Seema Kansal advises on jurisdiction disputes, Hague Convention applications and international relocation. Early specialist input can be decisive.
Can I get a mirror order in another country?
In some cases it is possible to obtain a mirror order in a foreign jurisdiction that reflects an English court order, aiding enforcement. The availability and procedure depend on the country involved. Specialist advice is required.
What should I do if I fear my child may be abducted?
Seek urgent legal advice. Protective steps can include prohibited steps orders, port alerts, and applications under the Hague Convention if removal has already occurred. Speed is essential. Contact Chambers immediately if you face this situation.
Are foreign divorces recognised in England and Wales?
Many foreign divorces are recognised under the Family Law Act 1986, subject to conditions. Recognition is not automatic in every case. Advice should be sought if there is any doubt about the validity or recognition of an overseas divorce, particularly before remarrying or dealing with financial claims.
Key Takeaway
International family cases involve jurisdiction, the Hague Convention, relocation and overseas assets. Early specialist advice is critical because time limits and procedural rules are often strict.
Public Access / Direct Access
Public Access FAQs
What is Public Access?
Public Access (also called Direct Access) is a regulated scheme that allows members of the public to instruct a barrister directly, without first going through a solicitor, for advice, drafting, negotiation and court representation in suitable cases. Seema Kansal is Public Access accredited by the Bar Standards Board. See the Public Access page for full details.
What is Direct Access?
Direct Access is another name for Public Access. Both terms refer to the same scheme that permits authorised barristers to accept instructions directly from the public.
Can I instruct a barrister without a solicitor?
Yes, provided the barrister is Public Access accredited and the case is suitable. Seema Kansal can accept Direct Access instructions in family law matters. Suitability is assessed at the enquiry stage.
Is Public Access cheaper?
It can be. By instructing a barrister directly you may avoid solicitor fees for work the barrister is able to do. Fees are quoted clearly in advance. Complex cases still require significant preparation, so the overall cost depends on the work involved.
What cases can Seema accept under Public Access?
Seema can accept Public Access instructions in divorce and financial remedy proceedings, children law, domestic abuse injunctions, international family law and Court of Protection matters, subject to a suitability assessment.
Will I still need a solicitor at some point?
Not necessarily. Many clients complete their cases under Public Access alone. If the matter develops in a way that requires extensive evidence-gathering or ongoing case management, a solicitor can be instructed to work alongside the barrister.
Can Seema represent me in court under Public Access?
Yes. One of the main advantages of Public Access is that the same barrister who advises you can also represent you at hearings in the Family Court, High Court and Court of Appeal.
How do I get started with Public Access?
Contact Chambers with a brief outline of your situation. Suitability will be assessed. If the case is suitable, you will receive a written quotation and a letter of engagement setting out the scope of work and the fees.
Is there a charge for assessing suitability?
The initial assessment of whether a case is suitable for Public Access is carried out without charge. You will only be asked to pay once a quotation has been accepted and the instruction confirmed.
What are the benefits of instructing Seema directly?
Direct communication with the barrister who will advise and represent you; potential cost savings; specialist family law expertise from the outset; flexible meetings (in person, video or telephone); and transparent fees agreed in advance for defined pieces of work.
Key Takeaway
Public Access allows you to instruct a specialist family law barrister directly for advice and court representation, often with greater cost transparency and direct communication.
Court of Protection
Court of Protection FAQs
What is the Court of Protection?
The Court of Protection makes decisions for people who lack the mental capacity to make those decisions themselves. It deals with health and welfare matters (for example, residence and care) and property and affairs (for example, managing finances and appointing deputies). Proceedings are often sensitive and involve vulnerable adults and their families.
When does someone lack mental capacity?
Under the Mental Capacity Act 2005, a person lacks capacity in relation to a matter if they are unable to understand, retain, use or weigh the relevant information, or communicate their decision, because of an impairment of or disturbance in the functioning of the mind or brain. Capacity is decision-specific and time-specific.
What is a deputy?
A deputy is a person appointed by the Court of Protection to make decisions on behalf of someone who lacks capacity. There are property and affairs deputies and health and welfare deputies. The court sets the scope of the deputy’s powers. Professional and lay deputies can be appointed.
Can Seema advise on Court of Protection matters?
Yes. Seema Kansal advises families, deputies and professionals on applications to the Court of Protection concerning health, welfare and property. These cases require careful handling and a clear understanding of the Mental Capacity Act framework.
How do I start a Court of Protection application?
Applications are made on prescribed forms and usually require medical evidence of incapacity. The process and the evidence required depend on whether the application concerns property and affairs or health and welfare. Specialist advice at the outset helps ensure the application is properly prepared.
Key Takeaway
The Court of Protection protects the interests of people who lack mental capacity. Decisions are made in their best interests under the Mental Capacity Act 2005.
Fees
Fees FAQs
How much does a Family Barrister cost?
Fees vary according to the complexity of the case, the volume of documentation, and the work required. A personalised written quotation is always provided before any chargeable work begins. The only fixed-fee service currently offered is the Strategic Legal Reality Check consultation. See the Fees page for full details.
How much is the Strategic Legal Reality Check?
The Strategic Legal Reality Check is a fixed-fee consultation priced between £350 and £500 (excluding VAT). The exact fee within that range depends on the complexity and volume of material to be considered and is confirmed before booking. It provides a professional legal assessment, case review, strategic advice and clear next steps.
Do you offer fixed fees?
Yes. The Strategic Legal Reality Check is offered on a fixed-fee basis. For other work (written advice, drafting, court representation), fixed fees are frequently quoted for defined pieces of work once the scope is clear. No chargeable work is undertaken until the fee has been agreed in writing.
Will I receive a written quotation before work starts?
Yes. A clear written quotation setting out the proposed work and the fee is provided before any chargeable work begins. This applies to both solicitor-instructed and Public Access work.
Is VAT included in the consultation fee?
The consultation fee of £350–£500 is stated excluding VAT. VAT is added where applicable. All quotations clearly state whether VAT is included or will be added.
Key Takeaway
The Strategic Legal Reality Check offers a fixed-fee entry point (£350–£500 excl. VAT). For all further work, clear written quotations are provided before any fees are incurred.
Contact & Process
Contact & Process FAQs
How do I book a consultation with Seema Kansal?
Contact Chambers on 020 7242 0858, email clerks@fourteen.co.uk, or use the online enquiry form. State that you wish to book a Strategic Legal Reality Check and provide a brief outline of your situation. The fixed fee (£350–£500 excl. VAT) will be confirmed before the consultation is arranged.
How quickly can I get advice?
Once an enquiry is received and suitability is confirmed, a consultation can often be arranged promptly. Urgent matters, including emergency applications for protective injunctions, are prioritised. Contact Chambers as soon as possible if your matter is time-sensitive.
What should I bring to a consultation?
Any relevant documents — for example, court orders, Form E, correspondence, financial statements, or a chronology of key events — will help Seema give focused advice. If you are unsure what to provide, Chambers can guide you when the consultation is booked.
Can consultations take place by video or telephone?
Yes. Consultations can take place in person at chambers, by video conference or by telephone, depending on your preference and circumstances. This flexibility is particularly helpful for clients outside London or with caring responsibilities.
What happens after the initial consultation?
You will receive clear advice on your options and recommended next steps. If further work is required (written advice, drafting, representation), a written quotation will be provided. You are under no obligation to instruct Seema for further work after the consultation.
Key Takeaway
Contact Chambers to book a Strategic Legal Reality Check or to discuss Public Access instruction. Early advice often protects your position and clarifies the realistic options.