Whether you intend to separate or divorce, have problems concerning finances, the home or children, you have instructed our firm to assist you in dealing with your claim.

Whatever your circumstances we appreciate that the process can often be stressful and sometimes lengthy and complicated. Although individual circumstances are of course different and will be considered carefully by the Solicitor or Legal Adviser acting on your behalf, there are nevertheless common areas which we believe it will be useful for you to know about in order that you can understand some of the procedures involved in your case:

Do I have to go to Court?
In the majority of matrimonial proceedings dealt with by this firm, there is no need for a Court hearing. We always try to deal with all cases without actual Court attendances, by achieving a fair settlement of issues ratified by a Consent order. This avoids unnecessary emotional and financial hardship to you.

How long will it take?
It is often very difficult to give a realistic estimate of how long your case can take. However as a rule of thumb an undefended divorce ought to take four or five months. Questions of finances can take considerably longer depending upon the complexity of the particular finances and the attitude of the other party. Disputes over children can be the most difficult and lengthy if not approached with care.

What if I have children?
The Court will be concerned with any child who was born to you and the other party, or has been treated by you as though they had been born to both of you provided the child is either under 16, or between 16 - 18 and still at college or school full time. These children are referred to as children of the family which includes children you have both adopted but does not include foster children. The Court must consider the arrangements you propose for the children if you are going through a divorce to ensure the arrangements are satisfactory. However the Court will not make a Court Order concerning the children unless it considers it will be better for the children to make an Order than not to make an Order. Most applications for child maintenance are now dealt with by the Child Support Agency, but in some cases capital or even income provision for children will still be dealt with by the Court. In other words, if possible, the Court prefers you to agree things together, without the Court having to make an Order. Your Solicitor will advise you on this. Mediation can help many parents come to workable solutions on child contact issues, and there is a national mediation network at reasonable cost to help you. In some simple cases, mediation can also help you resolve financial issues. We can assist in referring you to a mediator.

What do I have to do?
Obviously your Solicitor or Legal Adviser will need to keep in close contact with you. They will need to take evidence from you as to the circumstances and make sure that you understand the case as it proceeds. For your part, you must be absolutely clear on what you tell your Solicitor and give the Solicitor as much information as you can. The Solicitor will be writing to you regularly throughout the case. If you are unhappy with any part of the case, or do not understand what the Solicitor has told you at an interview you must feel absolutely free to ask the Solicitor to explain it again. We realise that this case is very important to you and we will do our utmost to ensure that you understand not only the cost side, but as much about the process as possible.

Penny Raby & Co Solicitors, Harmony House Church Street Pershore WR10 1DT

Copyright December 2005