BridgeMcFarlandSolicitors

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Bridge McFarland can offer you practical, uncomplicated advice, support & guidance when you need it most. Whether it be an employment dispute, family advice, an accident or negligence, life planning or moving house, let us help you.
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Our commercial team in Lincoln, Hull, Market Rasen and Grimsby prides itself on its sound business sense, commercial insight, local knowledge and first class understanding of the relevant legal disciplines ranging from employment law, business contracts, dispute resolution to agriculture and property development. From company formation to sale, succession, dissolution or dispute resolution, you can trust our team to deliver first class service and results.
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Chris Green
Senior Solicitor
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Janet Wilson
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Rob Ripley
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Lee Whiting
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Lisa Moore
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Frequently Asked Questions

Looking for some answers? Check out our helpful FAQs section.

Frequently Asked Questions
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Family Law

 

We can offer legal advice on all aspects of life, from pre-nuptial agreements to mediation, separation, divorce or injunctions.

 

Family Law
Can you act for both of us in the divorce?
No, we are only able to act for one party in the proceedings.
Does a divorce/civil partnership dissolution automatically resolve financial issues?
No, financial issues are not resolved automatically, but it is something that we recommend you look into at the time of the divorce/civil partnership dissolution, and we can provide advice about that.
How long will a divorce take?
A divorce or civil partnership dissolution will generally take between 4 and 6 months. This however may not be the case if there are complicating factors that need to be taken into consideration, for example personal service of papers, or where one party is out of the country.
How much will it cost?
A simple divorce/civil partnership dissolution will generally cost around £500 plus court fees, which are presently £410. The costs will increase if there are issues relating to children or financial matters.
Is a Prenuptial Agreement legally binding?
They can have persuasive legal status, as long as certain steps have been taken and there have been no significant alterations to either party’s circumstances.
Is there an alternative to divorce/civil partnership dissolution?
Yes, you can apply for a Judicial Separation, which is the same procedure as for divorce/dissolution petition, and enables you to resolve financial issues, with you still remaining married/in a civil partnership at the end, or if terms are agreed they can be embodied in a Separation Agreement.
We are not married, what am I entitled to financially if we separate?
This will depend on whether there are children of the relationship, and what assets have been accrued jointly between the two of you.
What am I entitled to financially if divorce/civil partnership dissolution proceedings commence?
When considering financial matters, there are a variety of factors that need to be taken into account, such as length of relationship, children and contributions.

The general rule of thumb is that with a long relationship, the starting point will be a 50/50 split of assets, and with a short relationship the parties will be put back into the position they were in prior to the marriage.  We would stress that this is not the case all of the time, and each case revolves on its own merits and facts.  To enable us to advise you fully we would need financial disclosure from both parties.

What are the grounds I can use to divorce my spouse/civil partner?
There is only one ground for divorce in English law, and that is the irretrievable breakdown of the marriage. This breakdown has to be proven by one of five facts:

- the other party has committed adultery

- the other party has behaved in such a manner that it is unreasonable for you to be expected to live with them

- the other party has deserted you for a period of two years or more

- you have been separated for a period of two years or more and the other party consents to a divorce

- you have been separated for a period of five years or more, in which case the other party’s consent is not required.

It is the same for a civil partnership dissolution other than the fact of adultery cannot be relied upon. 

What is collaborative law?
Collaborative law is where both parties instruct their own individual collaborative lawyer to deal with matters on their behalf.

Matters are dealt with by way of face to face four way meetings, so that each party has the benefit of support and legal advice from their solicitor all the time.  The parties will sign an agreement with their lawyers at the start of the process, confirming that they will all work to resolving the issue without the need for Court proceedings and prevents the solicitors from representing either party at Court.  This is to prove to the parties that the solicitors are committed in resolving the issues on behalf of their clients.

What is mediation?
Mediation is the opportunity for you and your spouse/civil partner to meet together with an independent Mediator who will not advise either of you on the legal issues but will assist you both in trying to reach a settlement.
What is Parental Responsibility?
Parental Responsibility is defined as all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property. In reality, it gives the parent responsibility for taking all the important decisions in the child’s life, including education, religion and medical care.
What rights do I have to see my child(ren)?
If you are the absent parent, the view of the Court is that it is the child(ren)’s right to have as full a relationship as possible with both parents so long as there is no risk of harm to the child, whether physical or emotional.
Will I have to attend court?
If the divorce/civil partnership dissolution is straight forward there is usually no need to attend Court, however, Court appointments can be listed if there additional factors such as financial or children matters.