My partner has threatened to take the children in the past and has now booked a holiday to take them abroad but I am frightened he may not bring them home – what can I do?

You can stop your partner from doing this by applying to the Courts for a prohibited steps order to prevent him from taking the children away. The Courts also have the power to order the surrender of his passport where necessary.

My partner and I have decided to separate – do we need to go to Court?

You do not necessarily need to go to Court but if you do not agree over divisions of property and the children for example, then a judicial separation will sort this out. The main difference between a judicial separation and a divorce, is that judicial separation does not actually bring the marriage to an end.

If you do agree on issues like care for the children and money, then your solicitor can draw up a “Deed of Separation” which documents this and would not involve the Court.

My husband says I would not be entitled to any of his pension in a divorce – is this right?

Not necessarily, you can make a claim against your husband's pension. However, you are not automatically entitled and it will be balanced against many factors. This area is very complex and we would recommend that you consult your solicitor in more detail.

My children have been taken into care by Social Services – can I get them back?

If you want to try to get your children back you must contact a solicitor. Social Services should apply to the Courts for an Order that they can take your children into care. You can oppose the Order and even after the Order has been imposed you may be able to have it changed.

At what age can you adopt?

You must be 21 or over to adopt, although step-parent adoptions can be done at a younger age.

I am suffering violence from my partner, can I make him leave the house?

If you are suffering domestic violence we can apply to the Courts for an Injunction to prevent further violence. We can also apply for an Order to remove him from the house. We would recommend that you contact us immediately. In certain circumstances we are able to obtain an Injunction on the same day if there is evidence to suggest that you are in real imminent danger of serious injury.

I'm not sure about divorce, are there any other options?

There are many options such as marriage counselling and mediation. Note though that mediation is not counselling - this is where a qualified mediator will listen to what you and your partner want and try to help both of you come to some sort of compromise or find the best result for both parties and any children involved. There is also judicial separation where care for the children and money details are formally agreed but at the end of it you are still married.

What is parental responsibility?

This was defined in the Children Act 1989 as “all the rights, duties, powers, responsibilities and authorities which by law a parent has in relation to a child and his or her properties.” Basically it is being involved in your child's/children's lives day to day e.g. this gives you the right for example to consent to medical treatment for you child/children when necessary and the right to consult with your child's school.

I am now remarried and wish to change my child's surname to the name of my new husband – can I do this?

To change a child's surname you need to obtain your former husband's (their father's) consent in writing. However, if he does not agree, you would then need to apply to the Courts who will carefully look at the reasons you are giving for wishing to change their surname.

I signed a pre-nuptial agreement before our marriage and my partner is now trying to use this in our divorce – will it make any difference?

Presently pre-nuptial agreements are not binding in the Courts, but they will take it into account, particularly if the marriage was relatively short.