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Relationship
Disputes

Divorce FAQs - Call 0121 355 0011

1: How do I get a divorce?

This is covered in our divorce process section.   Please telephone Jennifer Brook, on 0121 355 0011 to discuss matters further.

2: Can I apply for divorce?

You need to have been married 12 months.  You will need your original marriage certificate or certified copy together with a translation if this is not in English.

3: How long will it take to get a divorce?

The divorce process can be concluded in approximately 6 months, although the financial settlement may take longer to finalise.  The divorce process can be delayed if the forms are not completed correctly, which is why it is sensible to instruct a qualified solicitor.  We will complete all the documents on your behalf and correspond with your spouse or their solicitor to progress matters for you as quickly and as amicably as possible.

4: What about the old grounds for divorce, what do I need to prove to get a divorce?

Blame for the breakdown of the marriage no longer needs to be placed on one party or the other.  You will simply need to sign a statement that the marriage has irretrievably broken down. 

5: What if my former partner says they will contest or refuse to divorce?

The new law removes the ability to defend the divorce.   If your former partner does want to challenge the divorce they will need to complete a separate application and pay a fee. It is unlikely this will stop the divorce.

6: Will I have to go to Court to get a divorce?

No. However, if you cannot agree the financial and property arrangements, or matters concerning your children, then you may need to attend Court.  But again, these matters are normally settled without the need for a Court hearing.

7: How much will it cost me to get a divorce?

We charge £400 plus VAT, plus the cost of the Court fee, which is currently £593, this totals £1073.  In order to stop costs exceeding this sum, it is important that you give us the correct information right at the start.  Costs will increase if we need to amend your Application form.  Assisting you with legal advice on the financial aspects of your divorce, including joint assets such as the family home and pension can be dealt with at the same them.  However we do charge separately for this.

8. My wife and I are getting divorced. Everyone knows that the Court always favours the wife and awards her at least 70%. Will I lose everything?

No.  Divorce awards or settlements are not reached by set formulas.  The aim is to meet the needs of both parties and achieve fairness.  The starting point is often an equal division, unless there is a good reason to depart from this.  If you have children then their needs have to be the first priority.   

9. We are having some marital difficulties. The house is in my spouse's name. Can they make me leave if we split up?

No.  As long you are married and the property has been your marital home you have the right to remain there, known as your “matrimonial home rights”.  It is possible to place a notice at the Land Registry setting out your right to reside there.  The only way you can be forced to vacate the property is by an Order of the Court, which only occurs in very limited circumstances.  It is best to take early advice on your own individual situation, and certainly before taking any steps to leave the property. 

10. I have recently married but unfortunately this has not worked out and I want a divorce. My friend has told me that I have to be married for a certain period before getting a divorce. Is this true?

Parties need to be married for one year prior to issuing divorce proceedings. They can apply for a legal separation within the one year period, which they may be advised to do in some circumstances. If your marriage breaks down within the first year you should seek advice as to whether it is beneficial for you to seek a judicial separation prior to seeking a divorce.

11. My ex and I agree what will happen with our finances. We don’t need a Court Order, do we?

The only way to stop an ex-spouse from making a claim against your income, pension or capital in the future is to obtain an order approved by the Court, stating your agreement is in full and final settlement of all financial claims.

Even if you are divorced and have a Final Order, if you do not have a final financial order approved by the Court, there is the risk that your ex may make a claim against assets that were not even in existence when you divorced.

At Bell Lax we can assist you to obtain a final financial order, even if you are already divorced, provided you have not lost your right to make a claim by re-marrying.

12. Do I still need a solicitor to help me with my divorce?

Even “friendly” or “straight forward” divorces can be difficult.  There are practical matters to be resolved concerning the family home, immediate arrangements for children and finances.

As solicitors our duty is to protect your interests and see that your legal and financial matters are taken care of as quickly and cost effectively as possible.  Early advice removes some of the emotion and enables you to focus on decisions that need to be made to meet the best interests of you and your family, particularly when complex issues arise.

Call Jennifer Brook on 0121 355 0011 to discuss matters further.

 

 
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