Divorce

Divorce

At Price Slater Gawne, we recognise that contemplating or beginning the process of Divorce can be daunting and will raise a number of questions. Our specialist team of Family Solicitors are therefore on hand to answer any questions you may have and to work with you throughout the process.

Here we answer some of the frequently asked questions regarding divorce:

What are the first steps of the divorce process and what is involved?

The first step of getting divorce is determining the reasons for the divorce. – At present, there is one ground for divorce in England and Wales, which is that the marriage has irretrievably broken down, however, one of five factors then needs to be specified for this. These are:

  1. Adultery
  2. Unreasonable behaviour
  3. Desertion
  4. Two years separation with consent from the other party
  5. Five years separation without consent from the other party

Once the reason for the divorce has been identified, a divorce petition is submitted to the courts, who will allocate a case number and send out copies of the petition to the other party.

At Price Slater Gawne, we deal with submitting all paperwork to the courts on your behalf and ensuring that any deadlines for response are met.

I have heard of no fault divorce, why do I still need to specify a reason for my divorce?

The Divorce and Separation Act 2020 which permits ‘No fault divorce’ (link to previous article on website) received Royal Assent on 25th June 2020. The Act is expected to come into force in Autumn 2021, at which time, one or both parties will then be able to apply for a divorce on the premise that the marriage has irretrievably broken down.

Further information regarding no fault divorce can be found here

How long does the process of divorce take?

On average, if both parties are in agreement to the divorce, it takes around 6 months to be legally finalised.

However, most Family solicitors will not apply for a Decree Absolute until all financial matters have been resolved / agreed.

If negotiations and discussions in relation to child arrangements and the division of property and assets are ongoing and in dispute, this can therefore extend the time between the Decree Nisi and Decree Absolute being applied for.

What documents will I need to provide in order to get divorced?

In order to start divorce proceedings, you will need your original marriage certificate. – This has to be sent to the court and therefore the original is a requirement. If you do not have the original, a formal copy can be obtained from the Registry where the marriage took place.

Will the arrangements in relation to my children form part of the divorce?

Going through the process of separation and divorce can be an extremely difficult time for both the adults and children involved in a relationship.

Setting out child arrangements is discussed in detail here

Will I have to go to court?

In most instances you will not be required to attend court when getting divorced.

How are property and assets split in divorce?

The division of property and assets is a complex matter. We have answered many of the frequently asked questions here

How much will a divorce cost?

The price of divorce is dependant upon your circumstances, and whether the divorce is contested or not.

How long do I need to have been married before getting divorced?

In order to get divorced, you need to have been married for a minimum of one year.

Whilst this covers some of the most frequently asked questions, it is likely that you will have still have a number of questions whether you are considering divorce or are ready to take the first steps.

Are there other factors from a legal perspective that I need to consider when getting divorced?

Yes, outside of the arrangements in relation to assets and children, you will need to make updates to any existing wills and lasting powers of attorney. The process of divorce can revoke or alter any provisions in wills.

If you would like to speak to a member of the Price Slater Gawne in relation to divorce, please contact Kara Webster or Nicholas Clough on 0161 6155554, by email to Kara.Webster@psg-law.co.uk or Nicholas.Clough@psg-law.co.uk or via our livechat tab.