What You Need to Know About Divorce and Separation

Divorce and Separation

Joanna Illingworth, the Head of our Family Law team, has answered some of the most frequently asked questions about divorce and separation.

What reason do I need to get a divorce?
If you, or your spouse, consider that your marriage has broken down irretrievably and there is no prospect of reconciliation, divorce proceedings may follow. At present, you or your spouse would need to show that there is a reason for the divorce. Those reasons can either be based upon periods of separation, adultery or unreasonable behaviour. It is important that you discuss reasons for divorce with a specialist family lawyer.

Does it matter how long you have been married before getting a divorce?
The law as it stands at present is you need to be married for a period of one year before you can commence divorce proceedings, however, you may wish to consider separating from your spouse within one year of being married with formal arrangements entered into.
I want a divorce but my partner does not, what can I do?
You can obtain specialist legal advice at the earliest opportunity to discuss options in terms of divorce. If you want to get divorced and your partner does not, that would not necessarily preclude you from proceeding with a divorce.

How will a Court split our joint assets on divorce?
Whilst a division of financial assets on divorce can be determined by a Court, with a Judge making a decision as to how the assets are divided, there are a number of options available to assist people to reach an agreement between them, by consent.

How long will a divorce take from start to finish?
The overall timeframe would depend upon the timeframe of the Court and could be between 6 to 12 months or more. There may be wider aspects such as financial matters involved which could impact upon the overall timeframe for divorce proceedings.

Get in touch with us today for advice on Family Law matters, and to find out how we can help you.

[Disclaimer – all opinions expressed are for information only and do not constitute legal advice.]