Frequently Asked Questions

 
 

This section is to help answer some questions you may have and also to direct you to our tissues and to our testimonial page.

Have Other Questions? Contact Us »

 

can i get legal aid?

Fortunately, our firm offers Legal Aid services for Court action to those who qualify. In order to do so, your case has to meet certain criteria. On a merits basis, you have to show that you are or have recently been the victim of abuse and that it is reasonable for public money to be spent on your case. If it involves children, any Application to place your children in care, should invite automatic Legal Aid. In other cases, you may need to show that your children have been the subject of care proceedings, protection orders or that you or they have been the victim of abuse. On a means basis, you have to show that you are financially eligible and on a low income in order to qualify. This is not necessary if you are the parent in care proceedings.

How much will my case cost?

We expect to try to settle cases involving divorces and agreed financial settlements in a figure that is between £1,500 to £3,500. If your case requires financial negotiation, and has not already settled through Mediation or through discussions between yourselves, you may incur costs of up to £5,000. Taking a case to a final hearing may incur you in three or four times that amount, particularly if it is complicated or if your opponent is unreasonable.

These figures might be frightening but all the decisions you make at this time are life changing. If you are making any financial decisions they will be the biggest financial decisions that you may ever have to make.

Fortunately, we help you with the burden of these costs by providing an interest free instalment payment scheme. We also help put you in control of your costs by providing you with detailed breakdowns of any work incurred for you

how long will my case take?

Divorce proceedings can often resolve within three to four months. Children’s proceedings will usually take no more than twenty six weeks particularly in care cases where these limits are carefully regulated by the Court. Financial proceedings will go at your pace. If you need time to collect up documents for example, we can ask for that from the other side. If we issue proceedings we would expect matters to reach a final hearing within four to six months.

Again these time estimates may seem daunting but they are only guidelines and they are meant to take into account the unforeseeable input of Courts and/or your opponent.

What do your tissues smell of?

Well we’re glad you asked that. We try to obtain the lavender scented versions but rosemary and bay is proving a firm favourite.

am i doing the right thing?.

Only you really know the answer. What we can do is help you navigate that question by offering you our free half hour consultations. You need to make informed decisions. The half hour provides you with that information.

what does all this jargon mean?

As lawyers, we often use legal speak, particularly to each other and to the Court. Wherever possible, we try to avoid jargon when speaking to our clients.

Here is a list of the top five contenders for legalese …..

Decree Nisi (DN) - an Order that is literally decreed in Court by a Judge which does no more than indicate that you have proved that your marriage has broken down.

Decree Absolute (DA) - the final Decree of Divorce which in fact is not decreed at all but sealed and sent out in the post, often to be displayed in a frame and in toilets. It is the divorce.

Conditional Order and Final Order - these are the Orders made by Court for the dissolution of Civil Partnerships and correspond respectively to the DN and DA.

FMH - shorthand for former matrimonial home i.e. the home.

Process Server - the private detective who might be hired on your behalf to serve any papers that require personal service, such as an Injunction.

Notice - some Applications in divorce proceedings or family breakdowns have to be heard by a Court “on Notice”. This is intended to show that each party is given the date and details of the hearing in advance. If it is not heard on Notice, it is heard “ex parte” which means without the other side and is only rarely used, usually if there is a threat of violence or abuse. All ex parte hearings eventually have to be heard on Notice because everyone has to have the chance of being able to tell their side of the story.

how do i address a judge?

Usually you don’t. That’s what you have solicitors for. If you find yourself giving evidence however, you address a District Judge (DJ) as Sir or Ma’am or even Judge. If you address a Circuit Judge (CJ) in their Chambers (office), you address them as for a District Judge. Usually however, you would only address them if giving evidence, when you call them “Your Honour” if they ask you a question.

just how good are you?

Oh you, you do make us blush. We are of course very humble and hate to blow our own trumpet. All we can do is refer you to our testimonial page …