Frequently Asked Questions
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
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
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.
WILLS PROBATE & TRUSTS
Recent News & Advice
Free & Fixed Fee Advice
Local Area Links
Thurstan Hoskin Solicitors, Chynoweth, Chapel
Street, Redruth, Cornwall, TR15 2BY
Tel: 01209 213646 - Fax: 01209 210069 -
Principal: Thurstan Hoskin BA
558629; VAT No 913479414
This firm is regulated by the
Solicitors Regulation Authority
Lawyers for Your Business,
The Society of Trust &