The topic of divorce, while experienced by many who get married, still remains a taboo that many people don’t actually know about.
Many people who are experiencing a divorce are unaware of exactly how the process works, how long it takes and how they can receive support. At Bennett Smith Solicitors, we don’t want you feeling judged or confused going into divorce, as it can already be an extremely stressful experience, so we have complied a helpful guide to divorce.
As a North Wales solicitors firm, we understand that finding expert legal aid can be difficult when it comes to family problems. Having one of our trusted lawyers represent you when it comes to the process of divorce will give you the support and advice you need to feel confident during this troubling time.
Can I divorce?
According to the UK Government website, you are eligible for divorce as long as your marriage has lasted over one year at least, there has been a permanent breakdown in the relationship and it is recognised legally as a marriage in the UK.
From there, one spouse must apply for a divorce petition or a joint application can be made. This is an application that is sent to the court and will ask them to dissolve the marriage. In the UK, this petition has a fee of £593, but low-income individuals or those receiving benefits can apply for funding, either partial or full. You or your lawyer can apply for this online. Next, a series of forms will be sent to the petitioner and their spouse (the respondent), or their respective lawyers.
How long does divorce take?
Divorces are known for taking a long time. They can play out over months and be particularly stressful, especially if you have kids. Typically, divorce happens in three stages or processes.
The stages will be the initial agreement to separate, followed by moving out then sorting a temporary plan before divorce. The processes are to end the marriage, divide property and finances and making arrangements for any offspring. Each stage and process must be complete individually, not simultaneously, which is a common misconception. This means that completing each step one-by-one will be a lengthy process.
When it comes to financial matters, ‘past behaviour’ is a listed factor for decisions made of money division. However, from a legal perspective there are no rewards given for good financial behaviour, or punishments for bad behaviour. To decide the division of money fairly, Form E must be filled out. This summarises your situation financially and can be useful in acquiring a favourable settlement. At Bennett Smith, we can aid in the completion of forms such as this in complete accordance with the law.
Typically, the court will decide that children from the marriage stay in the family home with their mother, whilst the father gains assets to ‘offset’ this imbalance, for example, his pension in full value. A lawyer may help both parties agree on other arrangements.
Divorce cases don’t always go to court, which can elongate the process even further. However, a lawyer is still strongly recommended. Financial settlements can be extremely complex. Therefore, in order to reduce stress and time taken, it is advisable to utilise the help of a solicitor.
How soon can I get a divorce?
You cannot file for divorce until you have been married for at least one year. In this case, or if you have been married longer than a year but require time for reflection and mediation, you may get a legal separation. This allows a separation of spouses to be officialised and judicially recognised, but is not an official divorce. In special cases, annulment may be valid.
What are the grounds for divorce?
As of 2022, the UK introduced a no-fault law. This means that you no longer need to find a reason for divorce, such as adultery or unreasonable behaviour. However, the main reasons for divorce in the UK are two-year separation (with consent), 5 year separation or desertion, in addition to adultery or unreasonable behaviour. Unreasonable behaviour is an umbrella term for behaviours such as domestic violence, drinking to excess, neglect, etc.
At Bennett Smith solicitors, our accomplished legal experts specialise in areas such as divorce. We will listen to your needs, help you understand and discuss options for the future and be a trusted advice-giver and mediator over your family, home and financial security. Reach out to a member of our team today to get started.
