Embarking on the journey of divorce is a complex and emotionally charged process, often accompanied by numerous questions. In this concise frequently asked questions guide, we aim to shed light on common queries surrounding divorce, covering everything from initiating the process and legal grounds to property division, child arrangements, and the financial impact.

Whether you’re contemplating divorce or already navigating its intricacies, join us as we provide straightforward answers to help you better understand this transformative legal journey. Let’s unravel the complexities and offer insights to empower you during this challenging time.

What is divorce?

Divorce is a legal process that officially ends a marriage or civil partnership, dissolving the legal ties between the couple.

How do I start the divorce process?

The process typically begins by filing a divorce application with the court. This document outlines the reasons for the divorce and initial details about financial and childcare arrangements.

Download our information sheet on the divorce process here.

What are the grounds for divorce?

As of 6 April 2022, the law on no-fault divorce in the UK brought long-awaited reforms to an area of law that had not previously changed since 1973. Under the law, separating couples are no longer required to rely on one of the ‘five facts’ to prove the ground for divorce – the irretrievable breakdown of the relationship. Instead, the law encourages a more constructive approach to separation, promoting reconciliation and reflection where possible but ultimately trusting the judgment of the couple involved.

A no-fault divorce is a type of divorce where neither party is legally required to prove that the other spouse did something wrong to justify the divorce. It is based on the grounds of irreconcilable differences or an irreparable breakdown of the marriage.

How long does the divorce process take?

The duration varies, but an uncontested divorce usually takes about 10-12 months.

Do I need a lawyer for divorce?

While it’s possible to handle an uncontested divorce without a lawyer, legal advice is recommended, especially for complex cases or disputes over assets and child arrangements.

Can I get a divorce if my spouse doesn’t agree?

Yes, one party can initiate a no-fault divorce, and contesting the fact that the marriage is irretrievably broken is typically not possible. The other party may, however, contest certain other related aspects, such as child arrangements or property division.

How are assets and property divided in a divorce?

Assets and property division depends on various factors. The starting point for negotiations is an equal division, but that there are many factors to take into account that may make this division inappropriate, tipping the balance. These include meeting the needs of any children of the family, any disparity in income, earning potential, financial resources (now and in the future), length of marriage, and the ages of parties and any disabilities. The court aims for a fair division.

What about child arrangements?

Child arrangements are determined based on the child’s best interests. Factors include the child’s age, preferences, and the ability of each parent to provide a stable environment.

Can I change my name after a divorce?

Yes, you can revert to your maiden name or any other name you choose during the divorce process or afterward. If you do not wish to revert to your maiden name then you will need a Change of Name Deed, which we can also assist with.

How does divorce impact finances?

Divorce can have significant financial implications, affecting assets, debts, and spousal support. Seeking financial advice is crucial to navigating these changes.

Is mediation an option for divorce?

Yes, mediation is an alternative dispute resolution method that helps couples reach agreements on divorce-related issues outside of court. It can be less adversarial and more cost-effective.

Can I remarry immediately after divorce?

Once the divorce is finalised, you are free to remarry. However, you should bear in mind that financial claims can be lost if you remarry before a financial agreement has been reached.

What if I want to reconcile after filing for divorce?

If both parties agree, a divorce process can be halted, and reconciliation attempts can be made. However, once the divorce is finalised, remarriage would require starting a new legal process.

Remember, while these answers provide general information, seeking legal advice specific to your situation is crucial when considering or going through a divorce.