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Common questions

  • They can vary and it is up to court, but usually they are in place for 6-12 months.

  • The length of an order depends on the circumstances of the case. We will explain what is realistic and advise if an extension or variation is needed.

  • It varies. Simple agreements may resolve in months, but court cases can take longer.

  • There is no fixed timeframe. It depends on the countries involved and whether issues such as finances or children are disputed, and we provide realistic guidance based on your situation.

  • It depends. If you agree early, it can take months. If the court is involved, it may take 12 to 24 months. We will keep things moving wherever possible.

  • Your first call is free. After that, we offer a range of flexible payment options — including fixed fees, monthly plans, and deferred costs in some cases. We’ll always be open about pricing before any work starts.

  • It depends on how complex your finances are. We offer transparent fees and will give you a clear estimate early in the process.

  • It is recommended that a Pre-Nuptial Agreement be finalised at least four weeks (ideally longer) before the date of the marriage or civil partnership. This helps ensure that both parties have adequate time to review the agreement and seek legal advice.

  • There is no time bar if you wish to remarry in England or Wales but you will need to check the country in which you intend to marry but you must have your Final Order (previously known as Decree Absolute).

    You should also check with your solicitor about any effect your remarriage might have on your financial entitlement after your divorce if you have not yet finalised your finances following your divorce/dissolution.

  • To protect your pension in a divorce, several steps should be taken, some of which include:

    1. Understand the Laws: The law and regulation around the division of pension assets is complex. Get the appropriate advice from your solicitor and financial experts to understand your rights and options.
    2. Consult a Solicitor: Engage a solicitor who specialises in family law and asset division and who has experience of cases involving pensions. They can offer tailored advice that will help you navigate the complexities of pension division.
    3. Pension Valuation: Obtain an accurate valuation of your pension and consider whether you need advice from a qualified actuary. This ensures that you know exactly what is at stake and what a fair settlement looks like.
    4. Consider Pension Offsetting: Sometimes, it may be beneficial to offset the value of your pension against other assets you might receive. For example, you may keep your pension, while your spouse gets the house but care needs to be taken to ensure this is genuinely a fair outcome and expert evidence may be required.
    5. Update Beneficiary Information: In the event of a divorce, you may want to review and possibly update who your pension benefits will go to in case of your death.
    6. Draft a Financial Agreement: To conclusively protect your pension, ensure you have a comprehensive consent order, which results in a legally binding financial settlement.
    7. Post-Divorce Review: Both during and after the divorce is finalised, consult with a financial advisor to revise your retirement planning strategy.
  • Every family is different, but the courts focus on children’s welfare above all else. We help parents understand how arrangements are approached and how to minimise disruption for children during a difficult time.

  • The process for the dissolution of a civil partnership follows the same process as the divorce.

  • If your ex-partner fails to comply with a spousal maintenance order, you can apply to the court for an enforcement order. The court has the power to enact various measures to ensure payment, including garnishing wages or seizing assets.

  • This is an injunction you can obtain from the family courts.

  • It applies only to divorce or civil partnership dissolutions. But if you are separating after a long relationship and have children or shared assets or have made contributions during the relationship then other options may be available.

  • Only certain law firms offer legal aid and to provide this they have to have a contract with the Legal Aid Agency. Legal Aid can provide people with financial assistance to help pay for their legal fees but certain conditions need to be met to be eligible for this.

  • A mandatory 20-week "cooling-off" period is built into the process, allowing both parties to consider their decisions carefully. Early legal advice becomes crucial in assessing the right time to initiate the divorce application, taking into account the waiting period. This means it is not necessarily quicker to get a divorce, but it is certainly less stressful.

    One of the significant advantages of no-fault divorce is that it does not require both parties to agree. You have the option to file the divorce application independently, and your spouse has 14 days to respond to the petition. It's important to note that they cannot contest the divorce unless specific legal grounds exist. This can make the process somewhat quicker than before.

    For those who have reached an amicable agreement, a joint no-fault divorce application is also available, allowing couples to mutually navigate the process with shared consent. This flexibility has made the divorce process more accommodating.

  • The legal timeframes are fixed, so there is no way to bypass them except in exceptional circumstances. While the process can feel long, early advice often helps things run more smoothly. Our solicitors focus on keeping matters efficient while ensuring everything is done properly.

  • No. In England and Wales, cohabiting couples do not acquire the same legal rights as married couples, regardless of how long they live together. Our family law team regularly helps clients who are surprised by this and want to understand how the law applies to their situation.

  • The simple answer is that it all depends on who you instruct. If you use a reputable firm/panel then the process should be both clear and organised. At Winston Solicitors the average time scale for our client’s from when their Application is submitted to a decision being made is 2 months compared to other firms who have a usual average of 8 months. It is important to note that not all firms/panels have a structured process which means the decision to grant a “Khula” can take up to a lengthy 8 months.

  • Following the panel meeting, if an Islamic Divorce is to be granted, the panel will issue you with a formal divorce certificate similar to that of a Decree Absolute. At Winston Solicitors we always hold a duplicate copy on file for up to 6 years.

  • Yes, the Islamic Divorce panel have to satisfy themselves that your case is significant enough for an Islamic Divorce to be granted. Certain panels require face to face meetings, however this isn’t necessary. At Winston Solicitors we arrange panel meetings by way of video call, it allows our clients to feel at ease and relaxed in their own environment.

  • At Winston Solicitors we have helped many clients obtain an Islamic Divorce even in the circumstances where they could not produce their Nikaah certificate. So do not worry, you just need to be proactive. You must first try and contact the organisation that carried out your Nikaah Ceremony as they would usually hold a duplicate copy of your Nikaah certificate for their records. If this isn’t possible, then you will have to provide sufficient evidence to the Islamic Divorce panel so that they can be satisfied that the marriage actually took place. Winston Solicitors can help you with this.

  • It is actually rather common for the ex-husband to intentionally not respond or acknowledge the Islamic Divorce papers when sent to him. This is why “service” of papers is important. As long as your solicitor can prove that your ex-husband received the paperwork or is aware the procedure has started, then the panel will move on to the next stage regardless of whether or not he responds.