I'm Getting a Divorce | Tips From a Divorce Lawyer

Understanding Your Legal Options

Going through a divorce can be an overwhelming and complex process. In the UK, divorces are governed by the Matrimonial Causes Act 1973. It's essential to understand your legal rights and options. Consulting a specialist family lawyer can provide clarity on issues like property division, child custody, and spousal maintenance. A lawyer can help you navigate this emotionally and legally challenging time with expert advice and support.

Communicate and Document Everything

Good communication is critical during a divorce. Ensure all communications with your spouse are respectful and to the point. Additionally, document every interaction and keep records of any agreements made. Written documentation could be invaluable should disputes arise during the divorce proceedings. Maintaining this documentation can provide a solid basis for your case in negotiations or court.

Focus on Your Financial Health

One major aspect of divorce in the UK is the financial settlement. This involves dividing matrimonial assets fairly, which can include property, pensions, savings, and investments. It's crucial to gather all financial documents and understand your financial position. A lawyer can help you present your financial disclosures accurately, ensuring you get a fair settlement. Keep in mind that trying to hide assets is illegal and can seriously jeopardize your case.

Prioritise Children’s Welfare

When children are involved, their welfare should be the top priority. UK courts always seek to act in the best interests of the child. Parental responsibilities and child arrangements, including living arrangements and visitation rights, need to be carefully considered. An amicable co-parenting agreement is always preferred, but if this isn't possible, a lawyer can help advocate for your and your children's rights.

Seek Emotional Support

Divorce is not just a legal battle but an emotional one as well. Seeking professional emotional support, such as counselling or therapy, can be beneficial. Emotional resilience can significantly impact how you cope and recover throughout and after the divorce process. Support groups and trusted friends and family can also offer comfort during this distressing time.

Plan for the Future

Finally, once legal proceedings are underway, start planning for your future. This could mean re-evaluating your living arrangements, career, or personal goals. Your lawyer can help you understand the long-term implications of your divorce decisions, ensuring you are prepared for life after divorce.

Frequently Asked Questions

What is the legal process for getting a divorce in the UK?

In the UK, the legal process for getting a divorce involves submitting a divorce petition to the court, providing evidence of the marriage breakdown, and obtaining a decree nisi followed by a decree absolute, which finalizes the divorce.

How long does it take to get a divorce in the UK?

The time it takes to get a divorce in the UK varies, but it generally takes between 6 to 12 months from the filing of the divorce petition to the granting of the decree absolute.

What are the grounds for divorce in the UK?

The sole ground for divorce in the UK is the irretrievable breakdown of the marriage, which must be demonstrated by one of five facts: adultery, unreasonable behaviour, desertion, two years of separation with consent, or five years of separation without consent.

Do I need a solicitor to get a divorce?

While you are not legally required to have a solicitor to get a divorce, it is highly advisable to seek legal advice to ensure that the process is handled correctly and to protect your interests, especially in complex cases involving finances or children.

How much does it cost to get a divorce in the UK?

The cost of a divorce in the UK includes court fees, which are £593 to file for a divorce, and additional costs for legal advice or representation, which can vary widely depending on the complexity of the case.

Can we get a 'no-fault' divorce in the UK?

Yes, as of April 2022, the UK has introduced 'no-fault' divorce, allowing couples to divorce without having to apportion blame for the breakdown of the marriage.

What happens to our assets in a divorce?

During a divorce, assets and liabilities are divided as part of the financial settlement. The court aims for a fair distribution, taking into account factors such as the length of the marriage, each party's financial needs and contributions, and the welfare of any children.

How is child custody decided in a divorce?

Child custody, or child arrangements, are decided based on the best interests of the child. Courts encourage parents to agree on arrangements, but if they cannot, the court will make a decision based on factors like the child's needs, the parents' ability to meet those needs, and the child's own wishes.

What is mediation and do we need it?

Mediation is a process where an independent mediator helps you and your spouse reach agreements on issues such as finances and child arrangements. It is often required before you can go to court, except in certain circumstances like domestic abuse.

Can I stay in the family home during the divorce?

Whether you can stay in the family home during a divorce depends on various factors, including both parties' financial situations and the needs of any children involved. Legal advice can help you understand your rights and options.

Will I have to go to court for my divorce?

Not all divorces require going to court. If both parties agree on the divorce and financial/child arrangements, you may only need to submit paperwork. However, unresolved disputes might require court involvement.

What happens if my spouse contests the divorce?

If your spouse contests the divorce, the process may take longer and involve court hearings. It's advisable to seek legal representation to navigate the contested proceedings effectively.

Can I get spousal maintenance after divorce?

You may be eligible for spousal maintenance if there is a significant financial disparity between you and your spouse. The court considers factors such as the length of the marriage, your financial needs, and earning capacity when deciding on maintenance.

What if my spouse doesn't comply with the financial agreement?

If your spouse does not comply with the agreed financial settlement, you can take legal action to enforce the agreement. It's important to have court-approved consent orders to ensure enforceability.

How will divorce affect my pension?

Pensions are considered marital assets and can be split during a divorce. Options include pension sharing orders, offsetting, or earmarking orders, depending on the specifics of the case and court orders.