We understand that when considering divorce it can be an emotional and often a challenging time, particularly if you are unsure of what divorce entails, who to speak to, and where to start.
As solicitors dealing with divorce, we have gathered a list of frequently asked questions to help you.
How long will it take?
This varies depending on your situation. If you are both in agreement or if mediation is successful then a straightforward divorce can be completed in around four months.
If you can’t agree and the communication has broken down between you, following the issue of court proceedings it can take about 6 months. The usual major delay is between break up and the issue of proceedings.
Under what grounds can I divorce?
You will need to show that your marriage has permanently broken down. You can do this through establishing one of the following:
- Unreasonable behaviour – Whereby your husband or wife behaves so badly you can no longer live with them. This could include physical violence, verbal abuse, , drug taking or refusing to pay for house keeping.
- Adultery- If your partner has had sexual relations with another person and you have sufficient circumstantial evidence or your partner admits this to the courts, you have grounds for divorce. If you continue to live with your husband or wife for more than six months after you found out about their adultery, you could no longer use adultery as grounds for divorce.
- Desertion (for at least two years) – In this situation your husband or wife has left you without your agreement or good reason.
- Two years separation with agreement from both spouses to the divorce- If you have both lived apart for more than two years and both agree to divorce.
- Five years separation-If you have lived apart for more than five years, in this instance you do not need the agreement of your husband or wife to begin proceeding for divorce.
What happens to our children?
Providing the safety and general welfare of the child/ren is not at risk, living and visiting arrangements are encouraged to be resolved between the parents by themselves. If an agreement cannot be made, or the child/ren are at any risk, a decision will be made through the courts.
Who get’s what and how is it decided?
Firstly, you need to take into account whether you have any children and how long you have been in a financially co-dependant relationship. Then the following will be taken into consideration to determine who will receive what:
A. the income, earning capacity, property and other financial resources which each of the parties to the marriage has, or is likely to have in the foreseeable future, including in the case of earning capacity and any increase in that capacity which it would be, in the opinion of the Court, reasonable to expect the parties of the marriage to take steps to acquire.
B. the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.
C. the standard of living enjoyed by the family before the breakdown of the marriage.
D the age of each party to the marriage and the duration of the marriage.
E. any physical or mental disability of either of the parties to the marriage.
F. the contributions which each of the parties has made or is likely to make in the foreseeable future to the welfare of the family, including any contribution by looking after the home or caring for the family.
G. the conduct of each of the parties, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it.
H. in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit (for example, a pension) which by reason of dissolution or annulment of the marriage, that party will lose the chance of acquiring.
I. as regards the exercising of the Court's powers in relation to the child/ren in the family the Court shall have particular regard to:
i. the financial needs of the child/ren;
ii. the income and earning capacity (if any), property and other financial resources of the child/ren;
iii. any physical or mental disability of the child/ren;
iv. the manner in which he/she was being * and which the parties to the marriage expected him/her
to be educated or trained;
v. the considerations mentioned in relation to the parties' marriage in paragraphs a), b) c) and e)
above.
Will we have to go to court?
Only in circumstances where safety (primarily domestic violence and/or abuse) is an issue, otherwise, you will have to go through mediation. The Mediation Information Assessment Meeting became mandatory under the Family and Children Act 2013 to reduce the amount of divorce cases resulting in a court ruling. This allows both parties to have more control over the outcome as opposed to leaving the final decision to a judge.
During the mediation meeting, a legal representative will be present to offer support and advice, with the hope that you and your partner can come to an agreement. Once you have an agreement, speak to one of our solicitors about making it binding by way of a court order.
If one or both parties do not co-operate during mediation and are generally not committed to the resolve, the case will most likely end up in court.
Here at Preston Redman our team of solicitors offer support to you when going through this challenging time. We are able to provide advice and assistance to all members of the family and understand this can be a worrying time for everyone involved.
We also understand the difficulties of relationship breakdown and do all that we can to ensure that when you visit us, all focus is on ensuring that as an individual your experience of divorce is as pleasant as it can be. Our solicitors are available to support and discuss your options; you can contact us here if you wish to speak to someone regarding any of the above.
