Do you offer any free advice?
At Maxwell Hodge we offer a 1 hour consultation with an experienced family lawyer at an inclusive fee of £198.00. At this consultation, we will be able to advise you where you stand and provide you with guidance on the next steps needed.
Do you provide legal aid?
We do not offer legal aid.
DIVORCE
Do I have grounds for divorce?
The law changed on the 06 April 2022 and there is no longer a need to prove grounds. Applications for divorce can be made solely or jointly and takes approximately 6 months for a divorce to be finalised.
How much is a divorce?
Here at Maxwell Hodge we charge £500 plus VAT for a divorce. The court fee is currently £593.00
Can my ex make a financial claim after we are divorced?
Yes. Even though you may be legally divorced, unless you have both agreed and signed a Clean Break Consent Order then financial claims can still be made against you in the future.
SEPARATION & FINANCES
We are cohabiting, what happens if we separate?
If you are not married but own a house together or have joint finances, then you should seek legal advice as to how the assets could be divided. Unless an agreement was put in place such as a Deed of Trust, then all jointly owned assets should be divided equally.
What is mediation and do I have to attend?
Mediation is an independent third party who can negotiate and help both parties to try to reach a solution. You do not have to attend mediation if both parties have already come to an agreement. If issues can be agreed between you both through mediation then this will save the cost of going to Court for them to make the decisions for you.
What am I entitled to?
What you are entitled to depends upon your circumstances and whether you are married, living together and have children. It is best to obtain legal advice on this from a family law solicitor.
What happens if my partner will not disclose all of their financial assets?
This usually happens on a voluntary basis, but where one party will not cooperate it can be directed through the Court. Within divorce proceedings, you can make a financial application. The court will then direct the information as a requirement of the proceedings by way of a financial Information disclosure form, called Form E.
CHILDREN
Who should have custody of the children?
It is a child’s right to have a relationship with both parents. Both parents owe a duty of responsibility to a child regardless of who the children live with. Time should be divided for the children to spend time with both parents.
What if we cannot agree on child arrangements?
If parties cannot agree on child arrangements then the parties can go to an independent mediator or if that fails apply to the court for a Child Arrangement Order. A judge will look at your case and decide what is in the best interest of the children and produce a document for parents to abide by.
CHANGE OF NAME
How much is it to change my name?
Here at Maxwell Hodge Solicitors we provide a Change of Name Deed at the cost of £198.00.
Can I change my child’s name without a parents consent?
No. Both parents must consent to the change of a child’s name and both parents must be present for signature or provide written consent. Although once a child reaches the age of 16 years then they do not require any consent and can legally change their name independently.
If you have any queries, please do not hesitate to contact the Family Department
for more information.
