1. Can I get a divorce?
You can start divorce proceedings if you have been married for 12 months. The grounds for divorce is that the marriage has irretrievably broken down which is evidenced by one of five “facts”. We can advise you on the most appropriate for your circumstances.
2. What am I entitled to if I get divorced?
Your entitlement will depend on a number of factors such as the length of the marriage, your age, whether you have any dependent children and the family resources available. There is no one size fits all and each case is different.
3. Would a separation work better for me?
If you do not wish to be divorced then there are other options such as a separation agreement which regulates the financial arrangements between you. Whether or not this is better for you will depend on your individual circumstances.
4. How long will it take to get a divorce?
The Divorce itself can be completed quite quickly assuming co-operation on both sides, say 6 months. A financial settlement can be agreed at any time and approved by the court after the decree nisi stage. If agreement is not reached and a court application is necessary, this can take up to 12 months to conclude.
5. What happens to the kids?
The arrangements for the children are separate to any financial settlement and should be determined in accordance with what is in the children’s best interests. We always strive to reach agreement in relation to the children without separate court proceedings being necessary, however if there is a continuing dispute between you and your partner then ultimately the court may need to decide what is best for them.
6. What is a “consent order”?
A consent order is a financial agreement reached between you and your partner that has been approved by the court and is therefore a binding final order.
7. What is a “clean break”?
A clean break means that after a financial order has been made, whether by consent or following a dispute, neither you nor your partner can make any financial claims against the other during your lifetime or against their estate after their death.
8. How much will it cost?
We charge a fixed fee for uncontested divorces of £750 plus VAT plus the court fee of £550. Financial settlements are charged on a time basis. We provide you with costs estimates each month to make sure you have a clear picture of your previous and future costs and can budget accordingly.
9. Can I claim any of the cost back?
If you are divorcing your partner you can sometimes seek a contribution to your costs of the divorce. The circumstances where you can claim the costs of the financial settlement back are more limited. We can advise you on the various options which are relevant to you.
10. What happens to the pensions if we divorce?
Pensions need to be considered as part of the overall financial settlement. Pensions can be shared between you or one person can receive more of other available assets to off set any pension. Pensions are complex and must not be overlooked. We can provide specialist advice in relation to your options to make sure you are looked after in retirement.