The family court has the power to grant protective orders to victims of domestic abuse, including Non-Molestation Orders and Occupation Orders. Such orders are more commonly referred to as "injunctions". More recently Domestic Abuse...
Frequently asked questions
Do I need a solicitor?
It is a matter for you as to whether you need a solicitor, but it is usually advisable to get some specialist advice particularly where there are financial matters which need to be resolved. A solicitor will be able to tell you where you stand and help you work out your options.
Can my husband/wife use the same solicitor?
It is better to each have a separate solicitor as we will only be able to advise one of you.
Can I avoid going to Court?
You still need to use the Courts to get a divorce but this rarely involves attending a Court Hearing.
As regards the financial matters then if an agreement is reached amicably either between yourselves or with the assistance of solicitors or in mediation then again you should not need to attend a Court Hearing. Instead a Financial Agreement will be prepared and submitted to the Court for the Judge’s approval.
Will it get nasty?
Many of our solicitors are members of Resolution which is an organisation of over 5000 lawyers and family justice professionals who believe in a constructive, non-confrontational approach to family law matters. All our solicitors and legal executives follow the Resolution Code of Practice.
What if I can’t afford it?
If you are struggling to afford your legal fees and your spouse has a more substantial income than yourself then it may be that we can negotiate for your husband or wife to pay your legal fees. Alternatively we have good connections with financial institutes and independent financial advisors who may be able to assist.
Can I make a will to exclude my husband/wife from getting any of my assets before I am divorced?
Yes, and it is important that you do this if you wish to ensure that your husband/wife does not inherit your estate under the intestacy rules because they are still your next of kin until the Decree Absolute has been pronounced even if you have separated.
