10 Common Divorce Questions & Answers
What are the 10 common divorce questions and answers in the UK? According to statistics, almost 50% of marriages in England and Wales end in divorce. Divorce is the legal process between a married couple to dissolve their marriage and the divorce proceeds through the family courts.
Divorce law is complicated so, if you are considering getting a divorce from your spouse you may have questions about what it involves and how to proceed etc. In this article, our experienced Divorce and Family Law Solicitor, Noelle Heath covers the top 10 common divorce questions and answers.
10 Common Divorce Questions and Answers
Here are 10 common divorce questions and answers in the UK:
- How to get a divorce in the UK?
- What are the main grounds for divorce?
- How long does a divorce take?
- What do I need to get a divorce?
- Can you get a divorce without having to go to court?
- Does divorce have to be mutual?
- What is a divorce Financial Agreement?
- How is the house dealt with in a divorce?
- What are my options other than divorce?
- When will I be able to remarry after my divorce?
1. How to get a divorce in the UK?
In order to apply for a divorce in the UK you must have been be married for at least 1 year. It is recommended you use a solicitor to represent you in the divorce proceedings as it is a fairly complicated process. A solicitor will ensure that the procedure is carried out efficiently to avoid any delays or holdups.
To proceed with the divorce procedure, you need to choose one of five grounds for the divorce and file a divorce petition citing that ground.
The divorce petition will be sent to your spouse by this the court along with will send your spouse an acknowledgement of service form, which they will need to complete and return within 7 days. Provided the court is satisfied that the paperwork is in order a date will be set for the pronouncement of the Decree Nisi which is the first stage in the divorce. Then six weeks and a day after the pronouncement of the Decree Nisi the petitioner can apply to court for the decree Absolute of the divorce and this is the formal document confirming that you are formally divorced.
For further information on how to divorce and what costs are involved get speak to Morrish Solicitors today. Our experienced Divorce and Family Law Solicitors will support you throughout the entire process, ensuring it is as clear, straight forward and as hassle-free as possible. To obtain a divorce our solicitors will:
- Outline your options
- Explain the divorce process and what is required at each stage
- Start the divorce process by completing the required forms
- Give advice and support with related legal issues. For example, living arrangements, finances and future arrangements for any children.
In the event your case does go to court, your solicitor will represent you in court, they will then explain what is required from you and what the judge’s decision means for you.
2. What are the main grounds for divorce?
Currently in the UK, there is in fact only one ground for divorce which is that the marriage has “irretrievably broken down”. Although there is only one ground for divorce, you must be able to prove that the marriage has broken down by backing it up with one of the following 5 reasons:
- Unreasonable Behaviour
- Adultery
- Living apart for 5 years
- Living apart for 2 years (and both partners agree to the divorce)
- Desertion
There are major changes to the divorce law expected in Autumn 2021 with the introduction of “No Fault” Divorces. Whilst there will still only be one ground for divorce, the new act will change how this ground is established. The need to evidence unreasonable behaviour, adultery or desertion will no longer be required instead you must provide a statement of irretrievable breakdown. This new divorce law will put an end to the “blame game” and reduce family conflict.
3. How long does a divorce take?
A straightforward uncontested divorce usually takes between 4-6 months. However, it can take longer if it is delayed due to certain situations for example, issues with children, property or money. These issues need to be resolved between the two parties to avoid delay.
4. What do I need to get a divorce?
To start the divorce process, you need the following:
- Your spouse’s full name and address
- Your original marriage certificate or a certified copy
- Proof of your name if you’ve changed it since you got married
5. Can you get a divorce without having to go to Court?
The application process is made to the local family court and is only in those rare cases where the divorce is defended that you would need to attend a court hearing.
6. Does divorce have to be mutual?
A Divorce does not have to be mutual. Unopposed divorces proceed through the courts quicker and easier than ones that are opposed by the other spouse.
7. What is a Divorce Financial Agreement?
When you divorce your spouse, it is advisable to agree on how to separate your finances this is known as a Financial Order on Divorce these agreements include details of how property, pensions, savings and investments will be divided. They may also cover regular maintenance payments to help with children or living expenses.
8. How is the house dealt with in divorce?
In many marriages, the family home is the main asset. Agreement will need to be reached as to agreed upon whether the person who stays in the home should buy the other’s share, whether the house will be sold and proceeds split or if the primary carer of the children stays in the house until the youngest child turns 18.
9. What are my options other than divorce?
If your marriage has broken down, but you’re not sure whether you want to end your marriage then there are options other than divorce. The 3 options other than divorce are:
- Informal basis – You and your spouse decide to separate on an informal basis and settle between you the financial agreements that are going to be in place during your separation.
- Separation Agreement – You and your spouse decide to separate supported by a separation agreement drawn up a solicitor which establishes the agreed financial arrangements for the period of separation. Usually the agreement would outline how you would like your finances to be divided should you decide subsequently to divorce. On a subsequent divorce, the court is not compelled to follow the terms on the agreements. However, it is a factor the court would take into consideration.
- Judicial Separation – This is a formal separation sanctioned by the court. Although applications for judicial separation are rare it basically means you are still married but, it’s legally recorded that you are no longer a couple. The process is similar to divorce, in that a petition for judicial separation is submitted based on one of the same 5 reasonings for divorce. However, you don’t need to prove that the marriage has irretrievably broken down as in the case of divorce.
10. When will I be able to remarry after my divorce?
In the UK, you are able to remarry almost immediately after receiving your Decree Absolute certificate. The Decree Absolute certificate is a legal document which concludes the divorce process. You need to keep this certificate safe because it confirms that your marriage has officially ended and you’re able to remarry, if you wish.
Divorce and Family Law Solicitors
At Morrish Solicitors, we have a team of highly trained and experienced Divorce and Family Law Solicitors who are able to provide you with support throughout the entire divorce process. They will provide sensitive advice and work effectively to achieve the most practical solution taking into account your needs now and in the future.
As one of Yorkshire’s leading Law Firms, we aim to achieve a constructive and amicable solution in order to keep the cost down and stress to a minimum. When a marriage breaks down it is ’s important that you seek high quality and comprehensive advice. Our solicitors will guide you through the process and advise you on the options available to you.
Our Divorce and Family Law Solicitors can advise on the following:
- Divorce
- Property and Financial Affairs
- Disputes Concerning Children
- Prenuptial and Postnuptial Agreements
- Civil Partnerships
All of our Divorce and Family Law Solicitors follow the Resolution code of practice, which means we take an approach that is sensitive, constructive, cost-effective and most likely to result in an agreement.
If you are seeking a divorce from your spouse, please contact Morrish Solicitors on 033 3344 9600 or email [email protected] with your request.
