The top 10
most common questions asked about Divorce
From 6th April 2022, the Divorce, Dissolution and Separation Act 2020 reformed the legal requirements and process for a divorce. The act removes the need of proving fault by the other party and has developed to allow couples to end their divorce jointly by filing a joint application.
Here at UK Family Law Solicitors our solicitors have handled a great range of divorce matters, and these are our most asked questions below:
01
What are the criteria for filing for a divorce?
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Your relationship with your partner must have permanently broken down.
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Your marriage is legally recognised within the United Kingdom.
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You have been married for over a year.
02
What documents are required to file for a divorce?
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Your original marriage certificate or a certified copy (Should your marriage certificate not be in English then a certified translation will be required).
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Details of your spouse; their full name and current residence – if you do not have your spouse’s address our solicitors are at hand to discuss your options. Contact us today to discuss.
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Proof of name change (Marriage certificate or deed poll) – this is required if you have changed your name since you got married.
03
What are the grounds for a divorce?
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Under the new law, you are no longer required to provide a reason for the breakdown of your marriage. You may now apply for a divorce solely on the basis that the marriage has irretrievably broken down
04
How long does a divorce take to be finalised?
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This usually takes between 6-7 months.
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In some cases, it may take slightly longer if you need to sort out issues with property, money or children.
05
Will I have to go to court?
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Many couples can divorce, sort their finances out and make child arrangements amicably, without having to go to court. However, you may wish to seek independent legal advice to understand what your rights and obligations are and to help assist you in the legal process. Arrange a free initial consultation with our family solicitors today to help you through this process.
06
Will I automatically retain 50% of my spouse’s assets?
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Not Necessarily. You will need to obtain legal advice on this matter. A solicitor will need to advise you as to the certain factors the court will consider before making a decision. Contact us today to discuss this.
07
Me and my spouse have discussed matters and agreed on a split of assets, should I still get a financial order?
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Here at UK Family Law Solicitors, we always advise our clients to embody an agreement into a court order, to ensure it is legally binding. This helps to prevent any disputes in the future.
08
What happens with child maintenance in a divorce?
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The rate of child maintenance is governed by the CMS. They have an online calculator to help assist separating parents in determining the minimum level of child maintenance payable. https://www.gov.uk/calculate-child-maintenance.
09
How often will my solicitor communicate with me?
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This depends. Many lawyers may only contact you when your divorce is to move onto the next stage. However, here at UK Family Law Solicitors we keep our clients informed regularly as to the progress of their case.
10
How much will it cost?
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This depends on the complexity and duration of your matter, whether you are initiating the divorce or responding to the divorce and whether you are to resolve your finances. Get in touch with us today and we shall give you a quote.
Contact us today!
At UK Family Law Solicitors our solicitors have handled a great range of child matters.
Contact us today to get started and our specialist family law solicitors will guide you through every step of the process.