Answering the 7 most common divorce questions

As professional divorce solicitors based in Coventry, Warwickshire and Banbury, Oxfordshire we have put together 7 of the most frequently questions that we get asked by our clients and our Head of Family Law, Jackie Lee has come up with some informative, clear, and concise answers to help you to:

• Reduce stress
• Avoid misunderstandings
• Empower you to make informed decisions through what is a difficult process

Q1: Do I legally need a solicitor for a divorce?

A: The short answer is no. If there are no complex issues, then it’s possible to manage the process yourself. But we recommend that you seek legal advice. Not only can a solicitor help you to understand your rights, ensure a fair agreement and make your financial settlement legally binding, but they are also highly experienced in handling complex situations.

Q2: What are the grounds for divorce?

A: You have to be married for at least a year before you can apply for a divorce and following a reform in Divorce Law in 2022, the only grounds you need to provide is the irretrievable breakdown of your marriage. Also called a no-fault divorce, couples can now divorce without pinning the blame on one party, or fitting selected separation criteria.

Q3: How long does it take to get divorced?

A: This is a difficult one to answer, because the timeline will depend on the complexity of your divorce, whether there are child arrangements, financial arrangement and your unique personal circumstances. However, we usually say if your matter is straight forward, there is an agreement in relation to the child arrangements and financial arrangements and your former partner is cooperative, the Divorce can take around 8-12 months.

Q4: What processes are involved in getting divorced?

A: There are three main areas of divorce. Each is a separate process that requires an application, and are handled through different legal processes, but often at the same time.

• The legal dissolution of the marriage – this involves making a divorce application and obtaining a Conditional Order (formerly Decree Nisi) and then a Final Order (formerly Decree Absolute).
• Child arrangements – this focuses on how children will be cared for and includes decisions about where they should live and how often they should spend time with the other parent. If an informal arrangement with your former partner is impossible, you may need to try mediation if this is suitable or make a formal application to the Court for a Child Arrangement Order.
• Financial and asset division – this looks at how to divide assets, debts, and pensions.

 Q5. Will I have to sell the family home?

A: This will depend on the financial resources available to each of you and if the housing needs of all of the family can be met without the need to sell the family home and the needs of everyone in the family.

There are other options, one spouse could buy the other out, one spouse could stay in the family home until the youngest child of the family reaches the age of 18 or ceases full time education.

Q6: Who decides who our children live with?

A: In the first instance, parents should cooperate, be flexible and decide on an arrangement that is in the children’s best interests between themselves. If you cannot agree, you can use a family mediation service, or failing that you can apply for a court order, called a Child Arrangements Order, which will decide the arrangements based on the children’s welfare. It’s worth pointing out that when making their decision, the courts consider the children’s wishes, needs, and feelings, and how they will be affected by a change in circumstances.

Q7. How are assets divided in a divorce? And what’s the difference between matrimonial and non-matrimonial assets?

A: In a divorce, assets are divided into matrimonial (acquired during the marriage) and may include the family home, savings etc, and non-matrimonial (pre-existing the marriage) and may include gifts/inheritances etc. The former are subject to distribution between both parties, whilst the latter could be ring-fenced, unless the asset needs to be shared to meet the needs of the parties/children of the family.

Assets are generally divided with the goal of achieving a fair and reasonable and equitable financial settlement that meets both parties’ and the children’s needs. This may, or may not, be an equal split. The court will consider the specific circumstances of every case when determining how assets are divided, this includes each party’s needs, earning capacity, financial resources available, financial obligations, duration of the marriage, age of the parties, standard of living, contributions and more.

Initial consultation meeting for support and advice

We offer an initial consultation appointment at a fixed cost of £360 inclusive of VAT, where we can give you some initial advice based on the information you provide and the action you need to take. And thanks to our network of offices covering Banbury, Coventry, Leamington, Nuneaton, Stratford-upon-Avon and Southam we are very accessible too. For timely and quality advice and support when it comes to receiving a fair financial divorce settlement, please call 01926 356000 to arrange an initial consultation with a member of our team.