01225 326 417  reception@crallans.co.uk

Divorce Solicitors in Bath - Divorce and Family Law Specialists

FAQs

How much will my divorce cost?

Unfortunately, it is very difficult to state how much a divorce will cost because no 2 cases are ever the same. However, we are happy to deal with the dissolution of the marriage itself for a fixed fee.

Fortunately, about 90% of divorce finance cases settle long before trial and in many cases court proceedings will not even have to be issued.

In order to help you budget for the cost of the financial side of the divorce we always provide a cost estimate at the outset of your case and we always keep you fully informed of the costs to date as the matter progresses.

What is the difference between a solicitor and barrister?

A BARRISTER (also known as Counsel) spends most of their working hours in court conducting trials and other hearings. Barristers also provide specialist advice to solicitors and their clients over the likely outcome if a particular case ended up being fought out in court.  A barrister has the right to appear in all courts, both higher and lower. Clients can only approach a barrister through a solicitor.

A SOLICITOR spends most of their working hours in an office. They usually instruct a barrister to represent their clients in court. Solicitors only have the right to appear in the lower courts (magistrates courts, Family Proceedings Courts and county courts) not the higher courts (Crown Court, High Court, Court of Appeal and House of Lords).

A SOLICITOR ADVOCATE is a solicitor who has been granted permission to appear in the higher courts.

What is ancillary relief?

ANCILLARY RELIEF - The process that has to be used to divide up the assets, liabilities and pensions of a marriage or civil partnership. It can only happen after the Divorce or Dissolution has commenced.

What is the ancillary relief procedure?

ANCILLARY RELIEF PROCEDURE

  • A case is started off by issuing an application in your local county court (the same county court that is dealing with the Divorce / Dissolution)
  • The court then sets a date for the First Appointment (FA)
  • Before the FA you must fill in a Financial Statement (Form E)
  • Both sided exchange their Forms E on the same day
  • Once you have had a chance to study the other side's Form E, the court sets a deadline for each side to compose a draft Questionnaire
  • You attend the FA. The judge decides if all the questions in your draft questionnaire are really relevant and then approves the final version. A date for the Financial Dispute Resolution Hearing (FDR) is set.
  • You have a fixed time within which to answer the other side's questionnaire. This will involve attaching numerous supporting documents.
  • You attend the FDR hearing. The judge asks what offers each side is prepared to make and will often give an opinion that one side or the other is being unreasonable. The judge will ask the parties to go outside and continue negotiating.
  • If an agreement cannot be reached the judge will set a date for the Trial and Pre-trial Hearing. The judge will also set deadlines for the filing of witness statements and other evidence.
  • You will attend the Pre-trial Hearing. The judge (not the same judge as at the FDR) will want to know whether the case is ready for trial and will want clarification of the issues that must be decided.
  • You will attend the trial. Each party ( and any witnesses they call) will give evidence and be cross-examined by the other side's barrister (or by the other party themselves if they are not represented)
  • The judge will decide who was telling the truth and who lied. The judge will then decide what really happened by making findings of fact. The judge will then divide up the assets as he or she feels fit after taking into account those factors set out in section 25 Matrimonial Causes Act 1973.

What is a consent order?

CONSENT ORDER - If an agreement can be reached over the matrimonial finances, that agreement must be incorporated into a court document known as a Consent Order. A solicitor needs to draw up the Consent Order and a second document called a Statement of Information. The other spouse / civil partner needs to obtain independent legal advice before signing them. The documents are then sent to the county court where the judge decides whether the agreement is fair to both sides.  If they decide it is the Consent order is formally sealed by the court and then becomes, binding, enforceable and unalterable (save in relation to aspects of spousal maintenance which can be varied up or down at a later stage).

What is the difference between divorce and dissolution?

DISSOLUTION - is the process by which a civil partnership is brought to an end. The Dissolution itself does not divide up the matrimonial finances. A separate case must be brought to divide up the finances  (See Ancillary Relief).
DIVORCE - is the process by which a marriage is brought to an end. The Divorce itself does not divide up the matrimonial finances. A separate case must be brought to divide up the finances. (See Ancillary Relief):

  • The Divorce or Dissolution is started off by filing a Petition.
  • The Petition is then served on the other side by the court by post
  • The other side then have to file an Acknowledgement of Service to formally record the fact that they have been served and are aware of the proceedings
  • The Petitioner then files an Affidavit in Support of their Petition asking the judge to decide whether they are entitled to a divorce/ dissolution.
  • If the judge decides that they are, s/he will grant a Decree Nisi
  • 6 weeks later the Petitioner can apply for a Decree Absolute. If the petitioner does not do so, 3 months later the Respondent can apply for the Decree Absolute instead.

What is a "litigant in person"?

LITIGANT IN PERSON - Is a person going through the court process in one of any of the following applications without being formally represented by a solicitor:

  • Ancillary Relief
  • Contact with a child
  • Dissolution of civil partnership
  • Divorce
  • Residence of a child

The court looks to the Litigant in person to comply with the rules of court including deadlines for filing documents. The Litigant in person is allowed to have a Mckenzie Friend in court with them who can provide support and assistance but the Mckenzie Friend may not address the judge or cross-examine witnesses.

What is a McKenzie Friend?

A MCKENZIE FRIEND is a non-lawyer who provides help and assistance to a litigant in person. In the family courts they need the judge's permission to enter the court room. Permission is almost always granted. The McKenzie Friend, in particular:

  • Provides moral support.
  • Provides sensible (non-legal) advice.
  • Speaks quietly to the litigant in person during the hearing.
  • Take notes during the hearing.

What is representation?

REPRESENTATION - Is the traditional and still the usual basis of the solicitor / client relationship. The solicitor stands in the shoes of their client and acts for them. The court looks to the solicitor to comply with the rules of court including deadlines for filing documents.