Frequently Asked Questions
No.
The current divorce process in England and Wales is based on the marriage having irretrievably broken down and does not require you to prove adultery, unreasonable behaviour or another specific ground of fault.
There is a minimum 20-week period from the divorce application being issued before you can apply for the conditional order.
After the conditional order, you must normally wait at least 6 weeks and 1 day before applying for the final order. The overall time can be longer depending on the circumstances of the case and whether other matters, such as finances or children, need to be resolved.
Yes.
A spouse does not generally have to agree to the divorce for the process to continue. Depending on the circumstances, you may make a sole application rather than a joint application.
No.
Divorce and financial matters are separate issues. You and your former spouse need to agree how your finances will be dealt with or, if agreement cannot be reached, seek an appropriate financial order from the court.
It is generally important to formalise an agreed financial settlement properly.
A private agreement is not automatically legally binding. A consent order approved by the court can make the agreed financial arrangements legally binding and may provide for a clean break where appropriate.
There is no single automatic outcome.
Depending on the circumstances, options may include selling the property and dividing the proceeds, transferring ownership, postponing a sale or making another appropriate arrangement.
The right approach will depend on factors including the parties’ financial resources, housing needs, mortgage position and the needs of any children.
Pensions can form an important part of financial arrangements following divorce.
Depending on the circumstances, pensions may be dealt with through options such as pension sharing or other financial arrangements. Professional advice is particularly important where significant or complex pension assets are involved.
Parents can usually agree arrangements themselves concerning where their children live and when they spend time with each parent.
If parents cannot agree, mediation or other dispute resolution may be appropriate, or a court application may be necessary. Any court decision concerning children will focus on their welfare.
Not necessarily.
The divorce process itself does not normally require you to attend a court hearing. Financial and child-related matters may also be resolved without a contested hearing if an agreement can be reached.
Where financial matters cannot be agreed, however, court proceedings may be necessary.
Legal separation allows a married couple to live separately and formalise certain legal and financial arrangements without ending their marriage.
It may be an option for people who do not wish to divorce immediately or do not want to end their marriage. The appropriate approach depends on your circumstances.
It is possible to deal with financial matters after the divorce, but delaying financial arrangements can have important consequences.
For example, GOV.UK guidance highlights that there can be financial consequences, particularly concerning pensions, if financial matters are dealt with only after the final divorce order. Obtaining legal advice before finalising your divorce can therefore be important.
Yes.
Where domestic abuse is involved, we can advise you about your Family Law options, including protective orders, child arrangements and financial matters.
Domestic abuse can also affect whether certain mediation requirements apply and may be relevant to the way family proceedings are handled.
