You can contact our family law solicitors in Manchester for any matter related to this field, such as: marriage, divorce, child alimony, the division of assets etc.
Our team can offer legal advice and legal representation in front of local courts. Our lawyers can also help British citizens getting married with a foreign citizen. We can provide assistance to those who want to enter a civil partnership as well, as this is recognized under the UK law.
| Quick Facts | |
|---|---|
| Legislation regulating family law | Family Law Act 1996 |
|
Branches regulated by the law |
Divorce and separation, mediation in family matters, domestic violence, forced marriage, etc. |
|
Divorce law |
Divorce, Dissolution and Separation Act 2020 |
| Grounds for getting a divorce | As per the 2020 law, spouses can divoce in accordance with the rules of the no fault divorce, through which parties no longer have to provide a solid reason for the dissolution of the marriage. |
| How long does the divorce procedure take? |
It takes around 6 months to divorce in the UK. |
| Existence of divorce fee (yes/no) |
Yes |
| Who charges the divorce fee? |
There is a court fee of GBP 593. Additionally, spouses may need to pay to the family law solicitors in Manchester certain fees, which can vary depending on the type of service they require (divorce, custody, alimony, getting married, etc.). |
| Can foreigners get married in the UK? |
Yes |
| Basic conditions to get married in the UK |
Be at least 18 years old, provide evidence on not being already married and not being closely related to the future spouse. |
| Where can civil marriages be held? | At a Register office or another venue that is approved by the local institutions. |
| Laws protecting children’s rights |
The Children Act 1989, the Children Act 2004, the Children and Social Work Act 2017 |
| What is the definition of a child according to the UK laws? |
Any minor with an age below 18 years old. The parents have full legal responsibility towards their children up until the age of 16, an age when the child gains certain liberties in relation to his/ her parents. |
| Is there an age limit for child maintenance? |
Yes, legal arrangements for child maintenance have to be made if the child is under the age of 16. |
| How can child maintenance be established? |
By mutual consent between the divocing spouses, or with the assistance of the Child Maintenance Service (our family law solicitors in Manchester can provide legal advice on the formalities). |
| Can a parent appeal a child maintenance decision? | Yes |
However, family law in Manchester can cover multiple other aspects, including the dissolution of a marriage or the dissolution of a civil partnership (this also provides legal rights and has various consequences when the couple decides to separate).
Whatever question you may have related to the family legislation and various procedures prescribed by it, you can address our Manchester solicitors, who are ready to assist you with professional advice.
Table of Contents
What are the main services deriving from family law in Manchester?
The legal area covered by family law in Manchester refers to multiple aspects that can be of interest for a person who is getting married or is married, for a person who wants to divorce, for persons who are the children of married UK citizens and so on.
Below you can discover some of the basic areas of legal assistance :
- legal assistance referring to children upon the dissolution of a marriage (child maintenance, child custody, the rights of the parents based on the type of custody they received, the rights of the grandparents, the obligations of each party that must take care of minor children);
- legal advice on how to draw and sign a cohabitation agreement – a type of document that can secure each party’s assets in the case of unmarried couples;
- legal advice and legal representation on the dissolution of a civil partnership or of a marriage – generally speaking, our family law solicitors in Manchester will try to resolve such issues out of court, where possible;
- advice on how to start the judicial separation procedure, which is similar with the divorce, but it is much simpler and does not actually imply the end of the marriage;
- assistance in drawing and signing a prenuptial contract, which is recognized in the UK as a legal way to secure the manner in which the parties will separate their assets in the event of a divorce.
What is the no fault divorce in the UK?
The procedures on how a couple can get a divorce in this country were modified in 2022, as the no fault divorce entered into force on 6 April 2022.
The most important novelty of the new legal regulation is that the spouses are no longer required to provide a reason for the divorce – in general, the reason had to be a major one, where one spouse blamed the other for breaking one of the basic rules of a marriage.
Previously, there were 5 main legal grounds for getting a divorce and the spouses had to provide evidence on how a spouse did not act accordingly. Under the new law, spouses can simply initiate the divorce procedure solely based on the fact that they consider that the marriage has broken down.
Another matter that should be known is that the law no longer requires a single party to initiate the divorce proceedings. In the past, one of the spouses initiated the procedure (he or she was the petitioner), but now both parties can jointly initiate the divorce.
Still, the law provides the possibility for one spouse to initiate the divorce. These simpler rules are regulated under the Divorce, Dissolution and Separation Act 2020, which can be detailed by our team of solicitors in Manchester. Please mind that the new framework, which is applicable at a national level, states that spouses no longer have the possibility to contest the divorce.
Conditional Order for divorce, issued after 20 weeks
Once a party (or both) has initiated the procedure, a period of 20 weeks will pass, until a Conditional Order will be issued. This 20 week period is considered to be the timeframe in which the parties have the necessary time to change their views and back out of the divorce.
If the Conditional Order is issued, a period of another 6 weeks will pass until the court will issue the Final Order. Family law firms in Manchester can provide more details regarding these 2 documents.
We also invite you to address us to learn more about the fee policy system applied at our law firm, but also on the fees and taxes that you may need to pay to the UK courts when initiating this procedure. Our lawyer in Manchester remains at your service with advice on this matter.
The solicitors for family law in Manchester will deal with matters such as:
- where the child will live after the divorce;
- who will receive the custody;
- how much time will the other parent spend with the child and when;
- legal matters referring to the relocation of a child to a foreign country (provided that the parent who has received the custody wants to move or if the parent is a foreign national and wants to return to his or her home country).
Please address our family law solicitors in Manchester for more information how our team can help you. Where children are involved, the concern of the lawyers will always be to best represent the interest of the minor children, therefore it is always recommended to seek the best family law solicitors in Manchester. We invite you to read our infographic presenting the services of our solicitors for family issues:
Child maintenance
Another issue that has to be clarified upon the dissolution of a marriage is child maintenance. This refers to the amount of money that must be given by one parent to another, for the purpose of maintaining the day-to-day needs of the child.
In practice, the maintenance is usually paid by the parent who does not have to take care of the child every day. Our Manchester solicitors can help you out in establishing the right sum of money that must be paid to your child, based on the income and other factors taken into account by the applicable law.
The division of assets upon a divorce
One of the issues that must be settled during a divorce is the division of the couple’s assets. In the UK, this matter is resolved based on the personal circumstances of each case, which means that there isn’t a standard procedure that applies to all divorcing spouses.
The court will try to make a just decision, in which the assets are equally divided, but the division of these assets will take into account a variety of factors, such as the ones mentioned below:
- the financial resources each spouse has;
- the welfare of their minor children;
- the contributions made by each party during the marriage;
- disability of any type;
- the current financial needs and future responsibilities the parties will have, etc.
Thus, this matter can become a complex one and this is why it is advisable to address specialized Manchester law firms, that have court experience in asset division following a divorce. Of course, our attorneys have dealt with many cases and you can easily rely on us to best represent you in this issue.
Assets that can’t be split in a divorce
The legislation stipulates that only the assets that are considered matrimonial property can be divided during a divorce. Thus, only they will make the subject of a fair split, decided by analyzing the factors mentioned earlier.
However, there are certain types of assets that neither party can make claims for during the divorce. These are:
- any pre-marital assets owned by either party;
- inheritance that was received in the name of one of the spouses;
- income/assets deriving from business ventures;
- gifts received by a spouse from different persons;
- pensions (in general, they are seen as personal property, but in some cases, the other spouse may be entitled to a percentage of the other spouse’s income).
Family reunification to the UK
If you want to relocate to the UK with your family members, you can apply for a Family Reunion Visa, if you meet the basic requirements imposed for this visa type. There are other visa options for family reunification, based on your situation (working in Manchester, arriving here as a refugee, etc.). You can find out more on this subject from our immigration lawyers in Manchester.
If you want to bring to Manchester your spouse, partner, children, parents, you will be legally required to make proof of having sufficient financial funds to support the family member relocated here. Proof of employment will be necessary in most cases, and our employment lawyers in Manchester can present the documents you must prepare for the visa application process.
What is the divorce rate in the UK?
According to the latest statistics, between January and March 2024, there were 27,908 divorce applications, out of which 21,662 were issued with a Final Order.
You can find out any other matters regulated by the family law from our solicitors in Manchester city centre, so do not hesitate to contact us.
