Family Law · FAQs
Family Law FAQs
Answers to Common Questions About Family Law in Chester & Cheshire
Part of our wider Family Law services
No obligation — speak to us first.
Below are answers to some of the most common questions we receive about family law in Chester and Cheshire. If your situation is not covered, we are happy to talk things through.
Do I need a solicitor to get divorced?
You are not required to use a solicitor, but legal advice can help ensure financial and child-related matters are dealt with properly, avoiding disputes later. Many people find that early advice saves time and cost in the long run.
See our Divorce & Separation pageHow long does a divorce take?
Under the no-fault divorce process, there is a minimum 20-week period from application to conditional order, then a further 6 weeks before the final order. Most straightforward divorces complete in 6–9 months. Contested financial matters can take longer.
See the divorce process timelineHow much does a divorce cost?
The court fee is currently £593. Solicitor fees for a straightforward divorce start from £750 + VAT at PDA Law. A consent order (to make financial arrangements legally binding) costs from £500 + VAT. All costs are confirmed in writing before any work begins — no hidden extras.
See our full divorce cost guideCan I get divorced without a solicitor?
Yes, you can apply for divorce yourself online. However, most people benefit from legal advice — particularly regarding financial settlements, pensions and children. Many people who attempt DIY divorce encounter problems that cost more to fix later. We offer a free initial consultation so you can understand your options before committing.
Will the court automatically split assets 50/50?
No. Courts consider a range of factors, including needs, contributions and children. There is no fixed formula. We help you understand what a realistic outcome looks like for your specific circumstances.
See our Financial Settlements pageDo I need to go to court for child custody?
Not always. Many arrangements are resolved by agreement. Court involvement is usually a last resort. We always explore whether agreement is possible before recommending court proceedings.
See our Child Arrangements pageWhat is parental responsibility?
Parental responsibility is the legal right and duty to make decisions about a child's upbringing — including education, medical treatment and religion. Mothers automatically have it. Fathers acquire it if named on the birth certificate (for births after 1 December 2003), by agreement, or by court order.
See our Child Arrangements pageAre separation agreements legally binding?
They are not automatically binding like court orders, but courts often give weight to fair agreements entered into freely. A well-drafted separation agreement can provide important clarity and protection.
See our Separation Agreements pageAre prenuptial agreements legally binding?
Prenuptial agreements are not automatically binding in England and Wales, but courts may uphold them where they are properly prepared, entered into freely, and based on full financial disclosure.
See our Prenuptial & Postnuptial Agreements pageDo unmarried couples have the same rights as married couples?
"Common law marriage" does not exist in England and Wales. Unmarried couples have no automatic financial claims against each other on separation, regardless of how long they have lived together. Property disputes between unmarried couples are resolved through TOLATA claims.
See our Cohabitation Disputes pageHow quickly can I get a domestic abuse injunction?
In urgent cases, the court can grant an injunction on the same day — without the other person being notified first. This is called a without notice (ex parte) application. We can advise on whether an urgent application is appropriate for your circumstances.
See our Domestic Abuse & Injunctions pageWhat if I cannot afford legal advice?
We understand cost concerns. While legal aid is not available for most family law matters, we explain costs clearly and encourage early conversations to prevent matters escalating. We will always discuss your options before any work begins.
Can property be transferred after separation?
Yes. Property ownership can be transferred as part of a financial settlement or court order. We coordinate family law and conveyancing advice to ensure transfers are handled efficiently.
See our Transfers of Property pageDo fathers have equal rights?
The law does not favour one parent over another. Decisions focus on the child's welfare. Both mothers and fathers have the right to be involved in their children's lives. If you are a father concerned about your rights, we encourage you to speak to us early.
See our Child Arrangements pageShould I get advice early?
In most cases, yes. Early advice often reduces conflict, delay and cost. You do not need to be certain about what you want to do — a conversation with a solicitor can help you understand where you stand and what your options are.
Browse Our Family Law Services
Still Have Questions?
Family law issues are rarely straightforward. A conversation with a solicitor can help you understand where you stand.
You don't have to decide today — talk through your options first.