Family legal issues often arise at pivotal moments in people’s lives. While internet searches may offer an initial overview, the legal framework is complex, with significant implications for individuals’ future finances and arrangements for children. It is imperative that all aspects are properly considered. This article provides clear, practical answers to three of the most commonly asked family law questions under the law of England and Wales.
How long does a divorce take?
It is important to distinguish between the divorce itself and resolving the parties’ financial claims against one another.
Divorce dissolves the marriage. The process in England and Wales was reformed with the introduction of no‑fault divorce in April 2022. This made the process less inflammatory, but it also set minimum waiting periods between different stages in the divorce:
- A 20‑week period from the issue of the divorce application to the application for the conditional order; and
- A further 6‑week period before an application for the final order can be made.
In practice, the process will take significantly longer than 26 weeks and it is not uncommon for the divorce process to extend to a year or more.
When divorcing, both parties have the opportunity to make claims against the other’s assets, income and pensions. These claims can be resolved using several different methods, but ultimately they can be distilled into either asking the court to approve an agreement the parties have reached or asking the court to determine the outcome. The time period for resolving financial claims therefore heavily depends on which method the parties use. Broadly, the time can vary between six and 18 months.
Must parents go to court to resolve child arrangements?
Court proceedings are only required to resolve child arrangements if parents are unable to reach an agreement directly. It is far preferable, not least given the uncertainty of any court outcome, for parents to try and avoid court where possible.
In the event an agreement cannot be reached (and no exemption applies), then parents are required to attend a Mediation Information and Assessment Meeting (MIAM), before any court application. The purpose of the MIAM is to assess whether mediation, or another non‑court process, may assist in reaching agreement.
Given the lengthy court delays, parents should consider all alternatives to court. Legal advice at an early stage can assist in identifying realistic options and preparing for any necessary court process.
How much does a family lawyer cost?
There is no single answer to this question. Costs vary significantly, according to the nature of the issues, the level of dispute, and the processes required to resolve them.
Clients can keep their costs to a minimum by:
- Communicating with their lawyer in a clear, organised and concise manner
- Avoiding the use of inflammatory or accusatory language in their correspondence with the other party
- Completing documents themselves, where possible
- Being willing to compromise in order to avoid litigation.
Tees solicitors provide transparent cost information at the outset, including advising on the most cost-effective options to reach resolution and clearly outlining estimated costs for each. Early engagement often helps to contain costs by identifying priorities and preventing unnecessary escalation.
Giving you the full picture
Family law touches on matters of significant personal and financial consequence. While general information may provide a starting point, specific legal advice is essential to assess individual circumstances, risks and options.
At Tees, our family law team assists clients with clear, practical, and proportionate advice tailored to their needs. For bespoke guidance on divorce, children or financial settlements, please contact our team.
