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Frequently Asked Questions

Family Department

How long does it take to get an Injunction?

If you attend our offices early enough in the day it is possible, depending on the severity of your case that we could attend court the same day and obtain an order without giving notice to the other side.

Otherwise, it is possible to obtain an order usually within a week.

It very much depends on the severity of the situation, it is always advisable to keep a record of any domestic abuse which makes the process far easier once you have consulted a solicitor.

Is there any such thing as Common Law Marriage?

No. Lots of couples who live together are unaware of the current poor state of the law relating to cohabitees and believe that the longer they live together the more claim they have against the other.

There has been recent case law in the case of Kernott v Jones which has made some changes to the previous law in relation to cohabiting couples, but unmarried couples are not treated in the same way as married couples.

Does everyone get 50% in a financial settlement?

Resolving finances in divorce is one of the most difficult and complicated matters arising from a separation and is usually the most emotive.

Many people think that marital assets are simply split 50/50. The reality us that there are a number of complex factors that the court will consider on a case by case basis. The aim of the court is to achieve fairness in each case. The factors which the court considers are :-

  • The welfare of the children

  • The parties’ needs

  • The parties’ contribution to the marriage

  • Age of the parties

  • Length of marriage

  • Health of the parties

  • Income and earning capacity

  • Standard of living

  • Occasionally the court will look at the parties conduct

Therefore whilst an equal division is a starting point, the end point can be somewhat different once the court has considered all the factors above.

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Thurstan Hoskin Solicitors, Chynoweth, Chapel Street, Redruth, Cornwall, TR15 2BY
Tel: 01209 213646 - Fax: 01209 210069 - info@thurstanhoskin.co.uk


Principal: Thurstan Hoskin BA
SRA Number:
558629; VAT No 913479414
This firm is regulated by the Solicitors Regulation Authority
Member of Lawyers for Your Business, The Society of Trust & Estate Practitioners