Frequently Asked Questions
Can I get Divorced?
Provided that you have been married for a period of at least one year, you can start divorce proceedings. A Divorce Petition is prepared and lodged with the County Court. Your spouse will then receive an Acknowledgement of Service form, when this has been returned to the Court you can then proceed to Decree Nisi stage. After a further period of six weeks, you can apply for the Decree Absolute which is the final order of divorce.
Makin Dixon offer a range of Online Fixed Fee Divorce Packages, designed to suit your specific needs. Our Gold Package will take you through from the start to the completion of your divorce.
How can I end my Civil Partnership?
Civil Partnerships can be dissolved provided that you have been registered as Civil Partners for a period of at least one year. Dissolution of a Civil Partnership follows almost the same procedure as divorcing couples; the main difference being that a Civil Partnership cannot be dissolved on the basis of adultery.
Makin Dixon’s Online Fixed Fee Packages are designed to suit your specific needs following the breakdown of your Civil Partnership. Our Gold Package will take you through from the start to the completion of the dissolution proceedings.
What will happen to the children?
When parents separate, it can be extremely difficult to reach agreement in relation to the arrangements for the children. The welfare of the children should always be the main priority and wherever possible arrangements for children should be reached by agreement. The Court will intervene in circumstances where an adequate agreement cannot be reached.
If you have been able to reach an agreement in respect of the arrangements for the children, as part of our Children Agreement Fixed Fee Package, we can formalise this into a written agreement to be signed by you and your former partner.
Alternatively, in the absence of an agreement, our Children Negotiation Fixed Fee Package can help you reach an agreement with your former partner by negotiating with them directly.
What about finances?
Reaching an agreement in relation to the financial aspects of your separation can be extremely difficult.
Our Fixed Fee Financial Negotiation Package is designed to help you reach an agreement with your former partner as to how finances and assets are to be distributed following separation. For a fixed fee, we will negotiate with your former partner on your behalf with a view to drafting a Schedule of Agreement / Disagreement outlining the agreed points and what remains in dispute.
When an agreement has been reached in relation to finances, we offer a Fixed Fee Package designed to formulate the agreement into a Consent Order which can then be approved by the Court.
What about finances?
If an agreement cannot be reached in relation to the arrangements for the children and the financial aspects of your separation, the cost will of course be greater. Makin Dixon are able to offer a variety of Fixed Fee Packages covering a range of situations which may arise within family disputes. Our Fixed Fee Packages are designed to offer a high quality service at competitive rates, the costs of which are clear at the outset.
Do I have to have a Solicitor?
Whilst it is not essential to instruct a solicitor in relation to your family disputes, it can help. At Makin Dixon we understand that the period following a family breakdown can be extremely stressful and emotional; and it can be very difficult to deal with these matters yourself. Our team of specialist family lawyers will advise you and guide you through the legal process at what can be an extremely difficult time and will work with you to achieve the best possible solution to the problems you face.
What is Parental Responsibility and do I have it?
Parental Responsibility is defined as all the rights, duties, powers, responsibilities and authority of a parent. If you have Parental Responsibility for a child, you have the authority to act as a parent. For example, it includes the right/responsibility to make welfare decisions for the child relating to matters such as education and health.
Mothers automatically have Parental Responsibility; Fathers who are married acquire Parental Responsibility and non-married fathers can acquire Parental Responsibility by marrying the mother or being put on a child’s birth certificate, or by entering into a Parental Responsibility agreement with the Mother. Step-parents can acquire Parental Responsibility be entering into an agreement with the child’s mother and birth father.
Makin Dixon offer Fixed Fee Packages in relation to both Parental Responsibility Agreements and Step-Parent Parental Responsibility Agreements. For the fixed fee, one of our specialist lawyers will draft the necessary agreement and register the same with the High Court.
Can I change my child’s name?
If you wish to change your child’s name, you must first obtain the consent of all those who share Parental Responsibility for the child. In the absence of an agreement, an application may be made to the Court. If your child is aged 16 or over, they must make the application and they do not need parental consent.
In the event that you are unable to reach an agreement with all those who share Parental Responsibility for your child, we offer a Children Negotiation Package designed to help you reach an agreement.