Caroline Payne answers Family Law questions for Living Edge Magazine

Caroline Payne, specialising in Divorce and Family Law,  has a wealth of experience in high net divorce cases and complex children matters including international cases.

Caroline answers some of your questions relating to divorce and children matters

1.    My wife tells me that if I leave I cannot see my children. Is this correct?

Your wife cannot stop contact with your children just because you have separated It is desirable for contact to take place with both parents. An agreement should be reached for a level of contact which is appropriate for the child’s age. If an agreement cannot be reached you can ask the court to step in and make an order. Unless there are concerns about the child’s safety and wellbeing whilst in your care the courts will ensure contact takes place.

2.    Ive been told that a divorce can take years and cost thousands. Is this true?

Not really. A divorce usually takes between three and six months to complete. A financial settlement which runs alongside the divorce is often what slows down the process. However, a financial agreement can be reached without court proceedings and therefore without incurring high costs. At BPS we are willing to work on a ‘work now pay later basis’ relieving your financial pressures during your divorce.

3.    My husband and I have reached an agreement in relation to our divorce and finances. Do I need a solicitor? 

You are in a very advantageous position. With an agreement in place legal costs can be minimal and a legally binding settlement can be reached without any animosity. Professional advice is wise as early as possible to ensure you are protected and your agreement is recognised by the law. The law is complex and whilst the agreement you have reached between you may be a perfectly suitable agreement it is essential you protect your rights and legal advice should be sought.

4.    My wife has left me for another man. Am I able to divorce her on this basis?

Yes. You will need to be able to prove to the court that your wife has had consensual sexual intercourse with this man. Adultery is easily proved if your wife admits this formally to the Court. However, if your wife denies Adultery there can be costly consequences in arguing the same through the courts. As an alternative you could issue proceedings on the grounds of unreasonable behaviour and include the affair as an example. This can be less costly and can avoid contested court proceedings.

5.    My husband has left me and the kids, can I make him pay towards the mortgage and bills now he has gone?

This is a very complex area of the law and is determined by your individual circumstances. The answer will depend on your income and outgoings as well as your husbands. I will be able to answer this question for you once I have all those details. In many circumstances the deserting spouse can be forced to make regular payments towards household bills. In relation to your children if your husband has an income he must pay maintenance either voluntarily or via the Child Support Agency.

6.    My husband and I have reached an agreement in relation to our divorce and finances. Do I need a solicitor? 

You are in a very advantageous position. With an agreement in place legal costs can be minimal and a legally binding settlement can be reached without any animosity. Professional advice is wise as early as possible to ensure you are protected and your agreement is recognised by the law. The law is complex and whilst the agreement you have reached between you may be a perfectly suitable agreement it is essential you protect your rights and legal advice should be sought.

Written by Caroline Payne. Contact Caroline.