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Frequently Asked Questions

Please note that the answers below are not meant to offer legal advice and we recommend you get in touch with one of our experienced solicitors to explain your issue.

My husband and I are getting divorced but we have already agreed that the children should live with me, although he will see them on a regular basis. Do we still need to get this formally approved by the court?

No you don’t need to. The courts will only get involved if you can’t agree on these issues, or if the child’s welfare is a matter of serious concern. However, we would still strongly recommend that you have your agreement put on a legal basis by getting a solicitor to draw up a document setting everything out formally.

My ex-partner and I are arguing about the level of contact with our children. How can we sort this out?

The next step may be for you to take independent action and apply to court for a contact order, which will set out how often and when the children can see the parent they don’t live with. The court will then decide what it thinks will be best for them.

Are prenuptial agreements legally binding in the UK?

Pre-nuptial agreements aren’t legally binding in the UK at the moment. But that’s not to say that they aren’t useful. A pre-nuptial agreement will still be taken into consideration in the event of divorce and can have a significant influence on the eventual settlement awarded.

Will my partner be able to claim a share of my house if we split up?

Whether or not your partner can in the future claim a share of your house will depend on a variety of factors including whether his or her name is added to the deeds. However, we would also recommend that you draw up a proper cohabitation agreement, setting out clearly who owns what and what would happen if you split up.

My ex-husband is from abroad and I’m worried that he will want to take my two children back to his home country with him. Is there anything I can do to stop this from happening?

There are a number of things we can help you do to prevent this from happening – and this is much easier than taking steps after the event. In some cases we can obtain an order preventing a passport being issued or preventing children being taken out of the country.

Our Family Law Solicitors are backed by four decades of experience. Our legal practice and team of London Solicitors have a strong track record of achieving favourable client outcomes. For expert legal advice use our contact form or call us on 0800 437 0322 today.

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