19.01.2016

We tend to think of the New Year as a time for new beginnings but, sometimes, these have to start with an ending.

It’s well documented that divorce rate enquiries rise significantly in January as people look to make changes in their lives.  The Monday of the first full working week after Christmas has even been dubbed ‘Divorce Day’ as there is often a spike  in enquiries to divorce lawyers from couples seeking legal advice to instigate proceedings as quickly as possible once the festive season is over.

Whilst couples might be fired up to take action as the new year starts, it can still be a daunting prospect taking those first steps towards a new life apart.

If you are considering separation or divorce, our advice would be to speak to a solicitor as soon as possible so they can help guide you through the process, but here are a few answers to commonly asked questions to get you started.

Can I get a legal separation rather than a divorce?
You need to know if separation and a legally binding document is the best option for you financially, and in terms of legal fees, or if you should divorce. You need legal advice to help you make this decision.

Can I just get a divorce?
No. You need to have been married for at least 12 months and then be able to rely on one of five facts to prove that the marriage has irretrievably broken down.

What are grounds for divorce?
To illustrate your marriage has irretrievably broken down, you must cite one of the following as grounds for divorce: adultery; behaviour which you find unreasonable; desertion; separation for 2 years with your spouse’s consent; or separation for 5 years.

How long does the divorce process take?
From the date the divorce petition is issued by the court it takes approximately 6 months to reach a conclusion. This is only a very general guide. Some divorces take longer than this, but some can be quicker.

What will happen to the children if we separate, but don’t immediately divorce?
You can make arrangements for the children between you if you can agree on how this will be managed.  You may want to prepare your own written document that you both sign setting out your plans.  If this isn’t an option, issues relating to children can be dealt with by a court without there being any divorce proceedings. If need be, you can ask for maintenance through the court without divorcing, and can apply for child maintenance for any children you have.

What will I need?
You will need to surrender your marriage certificate (the original document, not a photocopy). Where financial agreements are to be made, you will also need details of all your accounts, savings and investments, outstanding debts and mortgage if applicable and pension information.

What are the costs of divorce proceedings?
The court charge a fee of £410.00 to issue proceedings. Under certain circumstances, you may get help with court fees or have this reimbursed.  Solicitors also charge a fee for their services.  We offer a fixed fee divorce determined by the complexity of the case and can advise you of this following your initial enquiry.

I am in a civil partnership, can I formally bring this to an end?
Yes. The process follows a similar route as for divorce.

I am not married but we are “common law husband and wife”.
There is no such thing as a “common law husband and wife”. If you are not married then you will not need to go through the divorce process.  If financial matters are an issue then this will not be dealt with in the same way as a married couple.

I am not married, do I have any rights to the property I live in?
This will depend upon whose name the property is in and whether or not you made a financial contribution towards the property.

The parent of the child is restricting my contact do I have to accept this?
No. Arrangements for a child should be reasonable. If you do not believe that the other parent is being reasonable then you should seek legal advice.

For more information, please call our family and divorce law experts on 01922 639080.