Frequently asked questions
Your questions, answered
Short, honest answers to what our clients ask us most. If yours is not here, ask us on a free call.
Divorce and separation
How long does a divorce take in England?
Usually seven to eight months. The law requires 20 weeks between the application and the conditional order, then six weeks and one day before the final order.
Do I have to prove that my spouse is at fault?
No. Since April 2022 divorce is no-fault: you only state that the marriage has broken down irretrievably. Your spouse cannot contest it on that ground.
We married in France. Can we divorce in England?
Often yes, if one of you is habitually resident here. Where you divorce can change the financial outcome a great deal, so get advice before either of you files, in England or in France.
Does our French marriage contract apply?
An English court takes a French contrat de mariage into account, but it is not automatically binding here. We explain how it is likely to be treated in your case.
Children and finances
Does a divorce settle our finances?
No. Financial claims stay open until a court makes a financial order, even years later. A consent order closes them for good.
Who will the children live with?
There is no automatic rule. Parents decide together, through mediation if it helps; the court only decides when they cannot agree, always in the child’s best interests.
Can I move to France with my children?
Not without the consent of everyone with parental responsibility, or the court’s permission. Leaving without it can be child abduction, so speak to us first.
Is mediation compulsory?
Attending a MIAM is required before most applications to the family court. Mediation itself is voluntary, but it is usually faster and far cheaper.
Working with us
Can we meet by video?
Yes. About half of our clients never visit the office: we meet by video and sign documents electronically.
Do you really speak French?
Yes. Claire Dubois is a native speaker and Priya Shah is fluent. Letters and documents can be explained in French at no extra cost.
Is the first call really free?
Yes: 20 minutes, with a solicitor, with no obligation. If we cannot help, we will tell you who can.