Divorce Guide

Despite your partner residing in the British Virgin Islands, you may still be able to initiate divorce proceedings in the UK given certain conditions. However, legal advice tailored to your situation is crucial. There are support networks and legal aid may be available to help guide you through this process, especially when it comes to child custody, financial support, and the divorce itself. For more information, please contact us on 02039599123 or click here 

If you’ve entered the UK on a dependent visa, the cancellation or withdrawal of a dependent visa isn’t a decision solely within the rights of the sponsor without valid grounds. While your spouse, as the sponsor, might have some influence over the visa status, demanding money or threatening to cancel your visa without justifiable reasons isn’t within their rights. The decision ultimately lies with the Home Office, and they may consider various factors when reviewing your application, including the reasons for your absences and your ties to the UK. For more information, please contact us on 02039599123 or click here 

You may be able to apply for an order such as a Specific Issue Order or a Prohibited Steps Order, that can address matters regarding children, including permission to take a child abroad. A Specific Issue Order is used to address a particular issue concerning a child’s upbringing when parents cannot agree, such as whether a child should travel abroad.

However, before applying for such an order, it’s advisable to attempt to reach an agreement with the other parent regarding the proposed travel plans. If an agreement cannot be reached and there are concerns or disagreements about taking the child abroad please contact us regarding the next steps on 02039599123 or click here 

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You do not mention if the family home is owned by your husband or is owned by you or in your joint names. If your husband owns the family home, it is important that you register a matrimonial homes right notice to protect your interests. The notice will expire with the decree absolute of divorce but can be extended if you have not reached a financial settlement or you can delay applying to finalise the divorce proceedings.

If you cannot reach agreement on whether you should continue to live in the family home then if one of you starts divorce proceedings then either one of you can start financial court proceedings and ask a judge to decide how your assets, including the family home, are split. When deciding on whether it is feasible for you to stay in the family home the court would look at a range of factors, including your housing needs and the options of the house being sold or transferred to you.

We would need more information about the family home and your other assets before being able to advise you on the likely financial settlement options , for example information on the equity in the family home as well as details of other investments.

You do need family law advice on starting divorce proceedings, the likely prospects of your staying at the family home and your financial settlement options. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.

Please note the answer provided above is for information purposes only. It does not constitute legal advice. In order for OTS Solicitors to provide legal advice you would need to instruct OTS Solicitors family law team. If you would like to proceed with legal advice and consult with our family law solicitors please call us on 0203 959 9123.

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Although there are no children court orders in place to stop you from taking the children abroad (a prohibited steps order) the law says that if you take the children to Pakistan without the agreement of your former wife or a UK court order giving you permission to take the children abroad on holiday you are “abducting” the children .

You should therefore not take the children out of the UK without first getting the agreement of your former wife in writing to any planned trip or a court order giving you permission to take the children out of the UK for the purposes of a holiday.

It may be the case that your former wife is objecting to the trip for the children to see your parents if the children spent the whole summer in Pakistan last year? If that is the case you could agree that the children spend longer with her during the week or during other shorter school holidays or that the children will go to Pakistan every year but for say three or four weeks or on alternate years for the full summer holiday.

If you cannot resolve matters with your former wife then you will need advice on starting children court proceedings for an order to let you take the children to Pakistan. When deciding whether to make an order the court will look at what it considers to be in the best interests of your children.

You do need family law advice on taking your children abroad on holiday. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.

Please note the answer provided above is for information purposes only. It does not constitute legal advice. In order for OTS Solicitors to provide legal advice you would need to instruct OTS Solicitors family law team. If you would like to proceed with legal advice and consult with our family law solicitors please call us on 0203 959 9123.

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Under current English divorce law you normally have to be married for at least one year before you can start divorce proceedings. You could separate from your husband now and get divorced in six months if you have the grounds to start divorce proceedings. We would need to speak with you to discuss whether you have the grounds to start divorce proceedings.

It is important that you are aware that you do not always need a spouse’s agreement to get a divorce. Agreement is only necessary if you start divorce proceedings based on two years separation with your spouse consenting to a divorce. There are other ways or grounds to get a divorce.

If you decide to separate now it may be sensible to sign a separation agreement. At the time of the divorce proceedings, the separation agreement could be converted into a financial court order to prevent either you or your husband making any further financial claims against one another.

If you are not a UK citizen, it is important that you take immigration law advice before you separate from your husband or start divorce proceedings. This is because your immigration status could be affected by the separation or divorce.

You do need family law advice on a separation agreement or divorce proceedings and your financial settlement options. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.

Please note the answer provided above is for information purposes only. It does not constitute legal advice. In order for OTS Solicitors to provide legal advice you would need to instruct OTS Solicitors family law team. If you would like to proceed with legal advice and consult with our family law solicitors please call us on 0203 959 9123.

Thank you for your enquiry. We are sorry to hear about the problems you are experiencing in seeing your children as much as you would like after your separation from your former partner.

If you cannot reach an agreement with your former partner over the amount of time the children should spend with you then you could apply to the court for a child arrangements order. This order is the new name for an access order or contact order. A child arrangements order will set out how much time the children should spend with you each week and can cover holiday contact as well.

When the court is deciding on an appropriate child arrangements order and contact the court will take into account the children’s wishes.

In relation to costs, the general rule is that a mother and father will pay their own legal costs of applying for a child arrangements order or responding to an application for a child arrangements order. It is very rare for in a children court case for a judge to order that one parent pays all or a share of the other parent’s legal fees. The conduct of one parent would need to be quite extreme for the court to consider making a costs order.

If you take legal advice, you may be able to agree an increase in contact with your children with your former partner through solicitor negotiations. That would avoid the need for a court application.

To discuss your situation and your children law options we would need to see you. We can give you expert children law advice and advise you on the best way forward and the cost of applying for a child arrangements order. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.

Please note the answer provided above is for information purposes only. It does not constitute legal advice. In order for OTS Solicitors to provide legal advice you would need to instruct OTS Solicitors family law team. If you would like to proceed with legal advice and consult with our family law solicitors please call us on 0203 959 9123.

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If you have decided to separate from your civil partner, you can apply to the family court to dissolve your civil partnership. Dissolving a civil partnership is like starting divorce proceedings, as it is a very similar court process.

Under current English family law, it is not possible to get a no fault divorce or dissolution of civil partnership. That means that in order to start dissolution of civil partnership proceedings you would need to prove one of a number of grounds to dissolve the civil partnership. We would need to meet you and discuss your situation in order to advise you on the relevant ground for the dissolution of your civil partnership.

When the court dissolves a civil partnership, the court also has the power, on the application of either civil partner, to make financial court orders. These orders can be made either by agreement or after a court hearing when the judge decides how family assets should be split. A judge can order the sale or transfer of property, cash or lump sum payments, pension sharing orders or maintenance.

It is important that you take legal advice on your financial settlement options and if civil partnership dissolution proceedings are started that you secure a financial court order. This is important as without a financial court order either you or your civil partner could bring future financial claims against one another.

You do need family law advice on your civil partnership dissolution and financial settlement options. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.

Please note the answer provided above is for information purposes only. It does not constitute legal advice. In order for OTS Solicitors to provide legal advice you would need to instruct OTS Solicitors family law team. If you would like to proceed with legal advice and consult with our family law solicitors please call us on 0203 959 9123.

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Under current UK family law, a prenuptial agreement is not a legally binding document. That means the contents of a prenuptial agreement will not be automatically upheld by a divorce court should you marry your fiancée and subsequently divorce and financial court proceedings are started.

However, a well-prepared prenuptial agreement will carry weight with a divorce court when the court is considering what financial award to make in divorce and financial court proceedings. Therefore, it is important that you do sign a prenuptial agreement prior to your marriage to your fiancée.

If you marry without a prenuptial agreement in place, the divorce court could award your fiancée far more than the court would have done if a prenuptial agreement had been signed before the wedding.

In order for the prenuptial agreement to carry weight in any future divorce proceedings the agreement will need to be prepared well in advance of the wedding date and you will both need to take legal advice on the contents of the prenuptial agreement document. In your situation, there may also be jurisdiction issues.

The first step is to discuss what you would like to put in your prenuptial agreement. A solicitor can guide you on the options taking into account your personal and financial circumstances.

Please note the answer provided above is for information purposes only. It does not constitute legal advice. In order for OTS Solicitors to provide legal advice you would need to instruct OTS Solicitors family law team. If you would like to proceed with legal advice and consult with our family law solicitors please call us on 0203 959 9123.

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If the house is owned in the sole name of your boyfriend then he is the legal owner. This could be changed as he could agree to transfer the property into your joint names. At the same time as the transfer of the property into joint names, the two of you could draw up a cohabitation agreement to set out the percentage of the equity in the house that you would each receive if you split up and the house is sold or transferred into your sole name or back into your boyfriend’s sole name. The percentage split in the cohabitation agreement could reflect the amount of equity in the property at the time of the transfer into joint names and the amount that you will both contribute towards the mortgage or home improvements.

If the property continues to be owned in your partner’s sole name, you could make a claim against the property if you split up and you can establish a ‘’beneficial interest ‘’ in the property. Alternatively, housing claims (known as schedule one claims) could be made if you have children together.

Whether the property is transferred into joint names or not a cohabitation agreement should be drawn up to avoid expensive court proceedings if you do split up. The cohabitation agreement should avoid arguments about the extent of your interest in the growth in equity in the property.

The family law team at OTS Solicitors can help you prepare a cohabitation agreement. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.

Please note the answer provided above is for information purposes only. It does not constitute legal advice. In order for OTS Solicitors to provide legal advice you would need to instruct OTS Solicitors family law team. If you would like to proceed with legal advice and consult with our family law solicitors please call us on 0203 959 9123.

Thank you for your enquiry.

It is possible to start divorce proceedings without including your address in the divorce petition or in any of the court paperwork sent to your husband by the divorce court.

If you need to resolve financial claims, for example ownership of the family home or maintenance for yourself or a share of your husband’s pension, it is possible to start financial court proceedings without having to disclose your address to your husband.

If you have ongoing domestic violence or harassment concerns, you could also consider the option of applying to the family court for an injunction order. This type of court order is called a non-molestation injunction. The injunction order would prevent your husband from harassing you.

If you have children and are worried about their safety or welfare then the family court can also make orders to protect your children.

As you do need expert divorce advice we would ask you to call us on 0203 959 9123 to arrange an appointment with a member of the family law team to discuss your divorce options and to see how we can help you.

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If your separation is amicable, you and your husband should talk about what you want to do with the joint savings account. If the separation is amicable and you take all the savings or half the money out of the joint savings account without first discussing your plans with your husband then this may make it harder to reach an agreed financial settlement.

As your savings account is a joint account, either you or your husband could take the savings from the bank account. In addition, if the account has an overdraft facility potentially either of you could take money out on overdraft. This means that if your separation is not amicable your husband could withdraw all the money. If money is taken out on overdraft then because the account is a joint one you and your husband are both jointly and severally liable for the whole of the overdraft.

Accordingly, if there are trust issues between you and your husband and you are worried that the account has an overdraft facility on it you could ask the bank to freeze the account. That means neither one of you could take any money out of the account nor use the overdraft facility until the account is unfrozen.

Whether you should take out money from the joint savings account depends on your detailed personal and financial circumstances. You should therefore take legal advice on your separation, including whether you are both going to continue living at the family home during the divorce proceedings and your financial settlement options. This discussion will help determine what steps you should take about the joint savings account, although if you fear that your husband will quickly withdraw the money without his discussing it first with you then you could chose to freeze the account to preserve the funds and then take legal advice.

You do need family law advice on starting divorce proceedings and your financial settlement options. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.