Divorce process
Applications, service, conditional orders, final orders and procedural problems.
Fenton Marsh Legal Q&A
Divorce and Mediation
Divorce, financial arrangements, mediation, family homes, pensions, maintenance and child arrangements.
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Divorce itself, financial claims and arrangements for children are separate legal issues. A final divorce order does not automatically settle finances, and an informal agreement is not always the same as an enforceable court order.
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Financial settlements and orders
Financial remedies, consent orders, clean breaks and settlement terms.
Family home and property
Ownership, occupation, sale, transfer, mortgage and buying out a spouse.
Pensions
Pension sharing, pension attachment, valuations and retirement benefits.
Maintenance and income
Spousal maintenance, child maintenance and income after separation.
Children and child arrangements
Child arrangements, contact, living arrangements, Cafcass and court orders.
Family mediation
Mediation, MIAMs, agreements and when court proceedings may still be needed.
Financial disclosure and assets
Disclosure, Form E, hidden assets, businesses, bonuses, inheritances and valuations.
Unmarried and cohabiting couples
Property and financial issues where the couple were not married or civil partners.
Domestic abuse and protective orders
Domestic abuse, non-molestation orders, occupation orders and safety.
Prenuptial and postnuptial agreements
Prenups, postnups and agreements made before or during marriage.
Bankruptcy and divorce
How bankruptcy or insolvency can interact with family finances and the home.
More Divorce and Mediation questions
Additional practical questions that do not sit neatly inside one of the main topics above.
M
My spouse says they want a divorceMy spouse is refusing to respond to divorce papersMy spouse is deliberately delaying the divorceMarried abroad but now want a UK divorceMy ex has changed the locksMortgage is only in one spouse's nameMy spouse cannot afford to buy me outMoney disappeared before divorceMy spouse is hiding moneyMy spouse is hiding cryptocurrencyMilitary pension and divorceMy ex will not provide bank statementsMortgage debt after separationMaintenance when one spouse earns much moreMaintenance after a short marriageMaintenance after a long marriageMediation before divorceMy ex agreed something in mediation then changed their mindMediation when one person is controllingMortgage payments while divorce is ongoingMarriage was very short, do we still split everything?Moving in with a new partner before divorceMy new partner owns the house I live inMoving away with children after separationMedical decisions after separationMissed maintenance paymentsMaintenance arrears after divorceMarried in Scotland but living in EnglandMarried in England but now living in Scotland
C
Can my husband divorce me without my agreement?Can my wife divorce me without my agreement?Can I stop a divorce once it has started?Can we divorce without going to court?Can we stay living together while divorcing?Can I divorce someone I cannot locate?Can I divorce if my spouse lives abroad?Can we use the same solicitor for a divorce?Can my spouse force me out of the house?Can I change the locks after we separate?Can I make my spouse leave the family home?Can my ex enter the family home whenever they want?Can I stop paying the mortgage after moving out?Can I keep the house after divorce?Can my spouse force the sale of the house?Can I force the sale of the family home?Can the house be transferred into one person's name?Can I get another mortgage before divorce is finished?Can my ex claim the house years after separation?Can I take money from our joint account?Can the court find hidden assets?Cryptocurrency in a divorce settlementCan my spouse claim part of my company?Company shares and divorceCan a business be forced to sell in divorce?Can my spouse claim my pension?Can I claim my husband's pension?Can I claim my wife's pension?Can I protect my pension in divorce?Can financial disclosure be forced?Can we agree finances without going to court?Can my ex make a financial claim after divorce?Can financial claims stay open after divorce?Can I claim money years after the divorce?Can a divorce settlement be changed later?Can a consent order be changed?Can a financial order be set aside?Can I reopen a divorce settlement?Credit card debt after relationship breakdownCan creditors chase me for my ex's debt?Can I claim maintenance from my spouse?Can spousal maintenance be stopped?Can maintenance change if income changes?Can maintenance continue after remarriage?Can the court make me go back to work?Child maintenance after separationChild maintenance and shared careChild maintenance when income changesCan child maintenance be backdated?Child maintenance and private school feesCan child maintenance be included in divorce settlement?Can I cancel joint direct debits?Can I remove my spouse from household bills?Council tax after separationCan I claim single person council tax discount?Can I remove my spouse from a tenancy?Can one spouse end a joint tenancy?Can tenancy be transferred after divorce?Can we write our own separation agreement?Can a separation agreement protect my money?Can an estranged spouse inherit?Changing pension beneficiary during divorceCan I refuse family mediation?Can we mediate financial issues only?Can mediation deal with the family home?Can mediation deal with pensions?Can mediation deal with child arrangements?Can mediation agreements be made legally binding?Can a mediator force us to agree?Can my solicitor attend mediation?Can we mediate if there has been abuse?Can mediation happen if we live far apart?Can I get a MIAM exemption?Can I represent myself in divorce finances?Can my spouse make me pay their legal fees?Can I use joint money for legal fees?Can I borrow money for divorce legal fees?Can I get the final divorce before a consent order?Can the court delay final divorce because of finances?Can the court order temporary financial support?Can a prenup protect my house?Can a prenup protect an inheritance?Can we make a postnup now?Can pre-marital assets be protected?Can a new relationship affect financial settlement?Can my ex's new partner affect maintenance?Can my ex claim against my new partner?Can my spouse's new partner's income be considered?Can a financial agreement be challenged for coercion?Car is in my spouse's name but I paid for itCar finance after separationCan a court decide who keeps a pet?Can I collect belongings from former home?Can my ex stop me seeing the children?Can I stop my ex seeing the children?Child arrangements without courtChildren refusing to see one parentCan a child choose which parent to live with?Can my ex move to another city with the children?Can I move abroad with the children?Changing children's school without agreementCan divorce remove parental responsibility?Can my ex's new partner discipline our children?Can I stop my ex introducing a new partner?Child arrangements and domestic abuse allegationsCafcass involvement in family courtCan I represent myself in family court?Can child arrangements order be changed?Contact handovers causing argumentsCommunication with ex about childrenCan court order us to use a parenting app?Can I change my child's surname?Can court approve a settlement without agreement?Consent order after mediationConsent order after informal agreementCan a lump sum be paid in instalments?Can I enforce a pension sharing order?Can I recover old maintenance arrears?Can I claim UK assets after foreign divorce?Cross-border UK divorce questions
D
Do I need a solicitor to get divorced?Divorce when one spouse has moved overseasDo we have to explain why the marriage ended?Does adultery affect the divorce?Does cheating affect the financial settlement?Does unreasonable behaviour still matter in divorce?Do we have to sell the family home?Do I have to share an inheritance in divorce?Do we have to split savings equally?Do pensions have to be split equally?Do I need a pension expert for divorce?Do I have to disclose all my bank accounts?Do I have to disclose savings from before marriage?Do I have to disclose an inheritance?Do I need Form E if we agree everything?Do I need a consent order?Divorced years ago but finances were never settledDebt in one spouse's nameDebt secured against the family homeDebt management plan and divorceDo I have to pay maintenance to my ex?Does cohabiting stop spousal maintenance?Does remarriage stop maintenance?Does child maintenance affect spousal maintenance?Do we need a separation agreement?Does separation affect inheritance rights?Does separation affect my will?Do we have to try mediation?Do I need a solicitor during mediation?Do we have to attend MIAM?Do I need a barrister for a financial hearing?Divorce after retirementDivorce later in lifeDivorce with adult childrenDivorce when children have left homeDoes paying more mean I get more?Does childcare count as contribution?Does my ex have a claim on assets after we split?Divorce after domestic abuseDivorce and protective injunctionsDivorce and children living arrangementsDo we need a child arrangements order?Do children have to attend family court?Divorce where spouse refuses mediationDivorced abroad but property is in the UKDual nationality and divorceDivorce in ScotlandDivorce in Northern Ireland
H
How long does a divorce usually take?How long do we need to be separated before divorce?House is only in my spouse's nameHouse inherited before marriageHow is a business valued in divorce?How long does spousal maintenance last?How is child maintenance calculated?How much does divorce mediation cost?How do I start a financial claim?How much can financial proceedings cost?Homemaker contribution in divorceHarassment from ex during divorceHoliday abroad without other parent's permissionHoliday home abroad and divorce
S
Separated but still living in the same houseSpouse left the family home suddenlyShould I leave the family home during separation?Spouse stopped paying the mortgageSavings held in one spouse's nameSpouse moved money before separationSpouse emptied our joint bank accountShould I freeze a joint bank account?Spouse closed our joint accountSpouse transferred money to family membersSpouse gave assets away before divorceSelf-employed spouse hiding incomeSpouse says the business is worth nothingShould I get a pension sharing order?State pension and divorceSpouse refusing to disclose pension informationSpouse refusing financial disclosureSpouse hiding assets on Form ESpouse won the lottery after separationSpouse ran up debts before leavingSpouse threatening bankruptcy during divorceSpousal maintenance after divorceStay-at-home parent and divorce settlementSelf-employed parent and child maintenanceSeparating finances before divorceShould I open my own bank account?Separation agreement before divorceSeparation agreement and future divorceShould we legally separate rather than divorce?Separated but not ready for divorceShould I change my will after separation?Shuttle mediation after separationShould I finalise divorce before finances are settled?Spouse wants final divorce before sorting moneySpouse has stopped giving me moneySchool fees while divorce is ongoingSecond marriage and protecting assetsSavings built up before marriageShort marriage with no childrenSavings earned after we split upSpouse controlled all the moneySpouse refuses to give me money after separationSpouse threatening to leave me with nothingSpouse demanding I sign financial agreement quicklySigned settlement while under pressureShared care after separationSchool choice after separationSocial services involvement during separationSpecial occasions and Christmas arrangementsSchool holidays after separationSurname change for children after divorceSpouse refusing to negotiate financesSpouse ignoring solicitor lettersSpouse refusing to sign consent orderSpouse lives abroad and refuses disclosureScottish separation agreementScottish divorce and family homeScottish aliment after separationScottish matrimonial property questionsScottish pension sharing on divorceScottish divorce after one year separationScottish divorce when spouse will not cooperateSeparated in Northern Ireland and moved to England
W
Which country should we get divorced in?Who can stay in the family home after separation?Who pays the mortgage after separation?Who gets the house in a divorce?What happens to the mortgage after divorce?What happens to savings when we divorce?What happens to a business in divorce?What happens to workplace pensions on divorce?What happens if someone lies on Form E?We agreed finances ourselves, is that enough?What is a clean break order?Who pays debts after separation?What happens if my spouse goes bankrupt?Who pays school fees after divorce?Who pays university costs after separation?Who pays nursery fees after separation?Who claims Child Benefit after separation?Who gets child-related benefits after divorce?Who pays household bills after separation?Who stays in rented property after breakup?What happens if a spouse dies during divorce?Who keeps life insurance policies after divorce?What happens at family mediation?What happens if mediation fails?What happens at a first financial hearing?Who pays legal costs in divorce?Who pays legal costs while proceedings continue?We separated years ago but never divorcedWho owns household furniture after separation?Who keeps the car after divorce?Who keeps the dog after divorce?Wedding gifts after divorceWho decides where children live after separation?What happens at a child arrangements hearing?Who gets the children on birthdays?We agreed everything but spouse will not signWhich UK court should deal with my divorce?
O
N
Non-molestation order during separationNHS pension and divorceNeed money while waiting for financial settlementNew business started after separationNew partner during divorceNo access to bank accounts during marriageNew partner and children after separationNorthern Ireland separation agreementNorthern Ireland family home after separationNorthern Ireland pension division on divorce
E
Ex-partner keeps coming back to the houseEx has remarried before finances were settledEx lied about money during the divorceEx has moved in with someone newEx refusing to pay child maintenanceExtra costs for children after separationEconomic abuse after separationEx constantly messaging after separationEx turning up at my homeEx threatening to expose private informationEx threatening to destroy my financesEx refusing to return personal belongingsEngagement ring after separationEx refusing access to my possessionsEx changing agreed child arrangementsEx refusing to hand over children's passportsEx ignoring a court order about the childrenEx has not paid agreed lump sumEnforcing a divorce financial orderEx ignoring financial court orderEx refusing to transfer propertyEx refusing to sell family homeEnforcing financial settlement against an exEx moved abroad without paying settlementEnforcing UK divorce order overseas
A
I
I paid towards a house that is in my spouse's nameI think my spouse has hidden bank accountsInformal financial agreement after separationInheritance received after separationIVA during divorceIs a separation agreement legally binding?I cannot afford a divorce solicitorInterim maintenance while divorce is ongoingIs a prenup legally binding?I was pressured into signing a prenupI paid the whole deposit on the houseI paid most of the mortgageIntroducing a new partner before divorce is finishedInternational pension and divorce
B
Buying my spouse out of the family homeBusiness owned by one spouseBusiness started before marriageBusiness started during marriageBonus received after separationBankruptcy during divorceBankruptcy and the family homeBenefits after relationship breakdownBeneficiary on pension after separationBeing pressured into a divorce settlementBreaching a child arrangements order
P
Property bought before marriageProperty inherited during the marriageParents gave us money towards the depositPension sharing after divorcePension earned before marriagePolice pension and divorcePublic sector pension and divorcePension already in payment and divorcePersonal injury compensation and divorceParent hiding income from child maintenancePre-nuptial agreement and divorcePrenup signed shortly before weddingPostnuptial agreement after marriageProperty owned before marriagePension built up before marriageProperty bought after separationPets after separationPersonal belongings left at family homePassports after separationParental responsibility after divorceParenting app after separationProperty transfer after divorce order
G
F
Family loan used to buy the marital homeFamily business and divorceFinancial disclosure during divorceFound hidden assets after divorceFinancial settlement when both of us have debtsFinancial settlement when one spouse never workedFinancial remedy proceedings after divorceFamily member paying my divorce legal costsFinancial settlement before final divorce orderFinancial abuse during marriageFamily heirlooms after divorceFalse allegations during child arrangements disputeFinancial settlement rejected by courtForeign divorce and UK financial claimsForeign bank accounts in divorceFinancial settlement after Scottish divorceFinancial settlement after divorce in Northern Ireland
R
J
L
Loan taken out by spouse without telling meLandlord says one of us must leaveLiving apart without divorcingLife insurance after separationLegal services payment orderLegal aid for divorce or separationLegal aid for mediationLong marriage and financial settlementLong separation before divorceLump sum payment in divorce