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United Kingdom Family Legal Questions answered by Lawyers

Browse our 3 legal questions about Family in United Kingdom and the lawyer answers, or ask your own questions for free.

Divorce/chid custody and responsibility
Divorce & Separation Family Child Custody
A judgement is passed that the mother has custody of a child while the father has visitation rights and is responsible for the child welfare, maintenance, education etc. but the father is only responsible for the child's education leaving other responsibilities for the mother, is it possible for the mother... Read more →
Lawyer answer by CIMA LEGAL CORPORATION

En temas del derecho de menores, no es posible que, de forma unilateral, la madre pueda decidir sacar al niño del país sin consentimiento del padre. Dependiendo de la legislación del país donde se encuentre, existen varios requisitos para hacerlo....

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1 answer
What are my rights as a daughter if m other sister trying to disconnect me from.my mother
Family
My sister is trying to cut off my communication with my mother. She started living with my mother in Sept 2024 when she retired and came home to Davao from the USA. What are my rights? Can I arrange equal rights to see my mother?
Lawyer answer by SJ Law Experts

In Pakistan, civil law, including family and personal rights, is governed by a combination of Islamic law, statutory law, and judicial precedents. Your situation involves the right to maintain contact with your mother, which falls under personal rights, family law,...

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1 answer
if the husband is living abroad and wants to divorce his wife then how it will be?
Divorce & Separation Family
I am living in England.if the husband is living abroad and wants to divorce his wife then how it will be?
Lawyer answer by Franklyn & Partners

Good day. It is not a complex situate and we can help. We are a law firm that has license to practice in England.

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1 answer

1. About Family Law in Exeter, United Kingdom

Family law in England and Wales governs relationships and children. In Exeter, residents typically work with a solicitor or, if necessary, a barrister for court advocacy. Key areas include divorce or dissolution, child arrangements, parental responsibility, adoption, and protection from domestic abuse.

Most cases in Exeter are handled within the county and family courts across Devon and the South West region, with many proceedings now using online hearings where appropriate. A local solicitor can guide you through both the legal process and the practical implications for your family. Understanding the correct court route and the right orders to pursue is essential for a successful outcome.

For official guidance on how family law operates in England and Wales, you can consult GOV.UK and the relevant legislation portals. These sources explain process timelines, court procedures, and what to expect when engaging a solicitor or barrister in Exeter.

Source: GOV.UK guidance on divorce and child arrangements and legislation overview. Divorce - GOV.UK

2. Why You May Need a Lawyer

Engaging a solicitor or legal counsel in Exeter is often essential to protect your legal rights and secure clear outcomes for your family. The scenarios below reflect common, concrete reasons people seek expert family law help in the area.

  • Complex divorce with substantial assets or business interests: If you own a business, pension rights, or international assets, a solicitor can negotiate a financial settlement and advise on asset division and tax implications.
  • Disputed child arrangements after separation: When parents disagree on where a child should live or how much time they spend with each parent, a lawyer can help you pursue a Child Arrangements Order or respond to one, while safeguarding the child’s welfare.
  • Domestic abuse and protective orders: If you face coercive control, harassment, or violence, you may need urgent protection orders, such as a non-molestation order or a Domestic Abuse Protection Order issued by the court.
  • Adoption or step-parent adoption in Devon: Adoption cases involve background checks, welfare assessments, and court approval, requiring specialist guidance from a solicitor or barrister.
  • Parental responsibility and consent issues: Issues such as obtaining parental responsibility for a child, or changing arrangements after remarriage, benefit from legal advice to avoid unintended consequences.
  • Living arrangements for cohabiting couples without marriage: Cohabitation disputes, domestic agreements, and future planning often require tailored agreements and court references.

3. Local Laws Overview

Exeter residents are subject to the same national laws that govern family matters across England and Wales. The following statutes and regulations have a direct impact on family cases in Exeter and the surrounding Devon area.

  • Matrimonial Causes Act 1973 - Governs divorce and related financial remedy proceedings. This Act remains the core framework for ending marriages and securing financial settlements in England and Wales.
  • Children Act 1989 - Establishes the welfare framework for children, including parental responsibility, child arrangements, and safeguarding considerations. It remains a foundational statute for courts deciding where a child should live and how they should be cared for.
  • Domestic Abuse Act 2021 - Introduces enhanced protections for victims, including new protective orders and clearer definitions of domestic abuse. The Act received Royal Assent in 2021 with measures rolled out over the following years to strengthen safeguarding in family matters.
Source: Legislation.gov.uk entries for the Matrimonial Causes Act 1973 and the Children Act 1989; GOV.UK summary of the Domestic Abuse Act 2021. Matrimonial Causes Act 1973, Children Act 1989, Domestic Abuse Act 2021
Source: GOV.UK overview of family law processes and timelines. Divorce - GOV.UK

4. Frequently Asked Questions

What is a Child Arrangements Order?

A Child Arrangements Order determines where a child should live and how much time they spend with each parent. It can also set specific contact arrangements and restrictions.

How do I start divorce proceedings in Exeter?

You typically file a petition with the court and complete the required forms, with your solicitor guiding you through proofs, financial disclosures, and final orders.

When can I apply for a protective order against domestic abuse?

You can apply as soon as you feel at risk. A court may grant relief such as a non-molestation order or a Domestic Abuse Protection Order to ensure safety.

Where do I file family law applications in Exeter?

Most applications are filed with the county or family courts serving Devon. Your solicitor can file on your behalf and coordinate with the court for hearings.

Why should I hire a solicitor instead of handling matters myself?

A solicitor provides legal expertise, negotiates on your behalf, prepares court documents, and helps achieve predictable outcomes while safeguarding your rights.

Can I change parental responsibility for my child?

Yes. Applications can modify parental responsibility or clarify who has responsibilities for major decisions regarding the child.

Should I consider mediation before going to court?

Mediation is encouraged to resolve disputes amicably. It can reduce costs and time, but some issues may require court intervention.

Do I need funds or legal aid for family cases in Exeter?

Legal aid is limited for private family matters but may be available in certain domestic violence or safeguarding cases. A solicitor can assess eligibility.

Is a prenuptial agreement enforceable in the UK?

Prenuptial agreements are not automatically binding, but they are given weight by courts if entered into properly and fairly, with full disclosure.

How long does a child arrangements case typically take in Devon?

Timeframes vary by case complexity. A straightforward agreement can take several months, while contested cases may take longer depending on court schedules.

What is the difference between Decree Nisi and Decree Absolute?

Decree Nisi is the initial conditional divorce order; Decree Absolute finalises the divorce and ends the marriage.

5. Additional Resources

Use these official resources to inform yourself and locate professional help in Exeter and the wider Devon area.

6. Next Steps

  1. Clarify what you want to achieve - Write down your goals for divorce, child arrangements, or protection orders. Set private and financial objectives. (1-2 days)
  2. Identify potential solicitors in Exeter - Search for family law specialists, check reviews, and verify qualifications. Schedule initial consultations. (1-2 weeks)
  3. Check credentials and memberships - Look for membership in the Law Society Family Law Panel or Resolution accreditation for credible experience. (2-3 weeks)
  4. Prepare documents - Gather marriage certificates, birth certificates of children, bank statements, pension records, and any existing court orders. (1-2 weeks)
  5. Discuss funding options - Ask about hourly rates, fixed fees for specific tasks, and any eligible legal aid or mediation funding. (During consultations)
  6. Book a detailed consultation - Bring your documents and a summary of your goals. Expect to receive a plan and cost estimate. (2-3 weeks)
  7. Decide on a strategy and sign an agreement - Choose a solicitor and sign a terms of engagement and costs agreement. (Within 1 week after consultation)
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.