Need a divorce, but have so many questions? The ten most common queries answered.
Separating from your long term partner is already stressful enough, and divorce is something most people only contemplate once or twice in their lifetime, so navigating the divorce process can be a real minefield. Here are our answers to all those questions you may have and don’t know who to ask!
How long does it take to get divorced?
There is no set timescale for a divorce, but under the current law, a divorce will take a minimum of 6 months from the point of issue to the granting of a final order of divorce. Generally speaking, a straightforward divorce will take 7-8 months. Sometimes, however, when there are other issues to be resolved such as finances, it can take longer than this. In many cases, we would advise you to hold off finalising your divorce until financial matters are fully resolved and there is a sealed order from the court.
How much does it cost to get a divorce?
Currently the court fee to commence proceedings is £593. If you instruct a solicitor to deal with the divorce for you costs can vary but generally are approximately £500 to £1000 plus VAT depending on whether you are instigating the divorce or simply responding to an application made by your former partner.
Do I need a solicitor?
You do not need to be legally represented to commence divorce proceedings or respond to them. It is, however, frequently important to obtain advice from a family lawyer, particularly in relation to financial and children matters. A family lawyer will act in your best interests and aim to ensure that your position is as protected as possible.
I don’t want to go to court. Do I have to?
In the vast majority of cases, you will not need to attend court and the divorce will be deal with ‘on paper’ (or rather via electronic means!). In rare cases, a divorce may be contested in some way. You may need to attend court if it is not possible to reach agreement with your husband or wife about financial or children matters, or if there is an allegation of domestic abuse which needs to be dealt with, but these are dealt with outside of the divorce process itself.
It’s my fault the marriage has ended. Can I still get divorced or do I have to wait until my husband or wife decides they wish to divorce?
Under the current law, it is no longer necessary for one party to be shown to be responsible for the breakdown of the marriage. You can commence divorce proceedings if you come to the conclusion, for whatever reason, that the marriage has ‘irretrievably broken down’.
I started divorce proceedings but I want to get back together with my husband/wife. Can I do that?
There are a few different stages in the divorce process. Until a final order of divorce is made, you remain married and you can withdraw or seek to discontinue with your application for a divorce. It is advisable, however, to be sure that the marriage is at an end and that you have explored all prospects of reconciliation with your husband or wife, but sometimes, particularly in cases of domestic abuse, this is not always appropriate.
How will we resolve the other issues, such as the children and finances?
Ideally, you should try to come to an agreement with your husband or wife about these issues but sometimes this is simply not possible. Couples can attend mediation in an effort to reach an agreement. Mediators are trained professionals experienced in facilitating agreement between couples. If mediation is not suitable or does not work, then a family lawyer can assist you to hopefully reach agreement, and/or an application can be made to the court to seek resolution.
Should we sort out financial and children matters and then get a divorce?
It is possible to start divorce proceedings and deal with any other issues alongside and at the same time as the divorce. As divorce proceedings do take a minimum of 6 months, it is usually advisable to start the proceedings and deal with financial and/or children matters at the same time so that there is no delay in completing matters once agreed. There can be some situations when it may be better to hold off commencing divorce proceedings – a family lawyer will advise you appropriately if this is the case.
How do I know what I am entitled to?
Each case is different. A good lawyer will be able to advise you as to what the law says and what courts’ view is likely to be in your circumstances. If you are unsure as to what would be a fair outcome in your case, it is always best to seek advice from a specialist family lawyer.
We have already sorted everything and agreed the split of assets, so do I have to get a financial order?
Even if you manage to reach agreement, it is always advisable to embody that agreement into an order which is sealed by the court. This will, in most cases, prevent dispute in the future and allows both parties to have some certainty about their future arrangements.
If you require more detailed advice, please contact E J Coombs Solicitors.
