In this article
%
of UK marriages end in divorce.
Divorce is becoming a more and more common occurrence each year. This statement is certainly true for 2022, as sadly the numerous lockdowns have brought more divorce inquiries to our firm than ever before. As a result, our solicitors felt it’s fitting to list 8 of the things you must know before applying for a divorce.
If you’re going through a divorce and seek legal advice, please visit our divorce and separation page or call our trusted solicitors directly on 020 3007 5500.
1. A divorce is never cheap or quick.
You may see ‘divorce in weeks’ or ‘quick divorce for £30’ as you’ve been searching around the internet. You may be thinking a quick divorce for just £30 is too good to be true, and you’d be right.
When you see these adverts, what you get for this price is usually the drafting of a divorce application. In short, a divorce application is a legal document that is sent to your partner to notify them that you want a divorce. A divorce application does not mean you’re divorced.
To become divorced, you will need to complete all five of the following stages:
- The application
- The response
- Applying for a conditional order (which will be made at least 20 weeks after the application was received)
- Conditional order & costs order
- Pronouncement of final order (which will be made at least 6 weeks after receiving the conditional order)
If you and your partner can’t agree to the financial and child settlement, it will result in much higher legal costs as you will need solicitors and the courts’ assistance. Therefore, it’s essential to keep an open mind. For example, even small arguments over finances can result in days in court at a significant expense, which is dwindling the very assets you’re arguing over.
To give you an idea of the cost and time-frame of divorce, a straightforward divorce between a couple who has no complications with children or the financial settlement will cost around £5,000-£10,000 and take 4-6 months.
Remember...
Financial settlement and child arrangements are separate proceedings running parallel to the divorce proceedings. Due to the finances and children being separate proceedings, they both entail independent costs to the divorce proceedings.
2. Making arrangements outside of court can cause future problems.
If you are considering getting a divorce or going through the divorce process, you have likely heard that informal agreements over the financial and child settlement will save a lot of time and money. An informal agreement is where a husband and wife agree outside of court. This statement may be correct in the short term, but this isn’t necessarily the case in the longer term.
An informal agreement over the finances and children will mean the agreement isn’t legally binding. For example, in an informal child arrangement, if one party later decides they don’t want to abide by the agreement, there’s no legal enforcement. These instances cause severe stress and heavy financial burdens down the line. Furthermore, you will need to bring the matter to court and gain a formal (enforceable) agreement.
Talk to us now. Save costs further down the line.
Save yourself potentially thousands of pounds by seeking advice now. Speak to us today for more information.
Lines open 24/7
020 3007 5500
3. You cannot contest a divorce.
A partner who wishes to get divorced needs only to solely submit an application, which you can also do jointly as a couple. Once the application has been made, there will be a 20-week period of reflection to allow the couple to co-operate and set their affairs in order.
If one partner is still unhappy with the application, there is very little they can do to prevent it – other that trying to convince their partner to reconsider. Once you have the conditional order, you then wait another 6 weeks before receiving your final order.
Before the new laws of no fault divorce came into play on 6 April 2022, you would have had to give evidence for your grounds for divorce, to which your partner could seek to contest if they were not in agreement.
You can now only make a dispute case if:
- Neither of you lives or has any connection with England & Wales
- The marriage or civil partnership is not valid
- It has already come to end an, perhaps in another country
4. You no longer need to provide a reason to get divorced.
The laws on divorce have recently changed, allowing couples or individual spouses to apply for a divorce without blaming the other partner. The new laws on divorce allow you to make an application without the need to state your grounds.
This saves getting caught up in long-winded, stressful legal battles in court, which historically was a common occurrence. One simply needs to state that the marriage has broken down, and the court will grant you your divorce.
5. It’s essential to disclose all information.
Regardless of whether you feel your partner deserves a share of your financial assets in the divorce, you must declare everything. Failure to disclose all your assets can put you at significant risk of being exposed by the other party. Sometimes even if your partner doesn’t know about specific assets, solicitors have methods of discovering hidden assets. An example is a solicitor conducting a financial asset search.
The court takes the duty of disclosure exceptionally seriously. If there is evidence suggesting that a party has deliberately or recklessly withheld information, at the very least the court may hold this against you in later hearings. Being in an inferior position with the court can prove costly, as they make vital decisions over your finances and children. Furthermore, in a more extreme case, that party may face criminal proceedings.
Struggling with divorce?
Don’t worry, we’re here to give the advice you need when you need it. Just contact us to arrange an appointment.
Lines open 24/7 020 3007 5500
6. Assets aren’t always split 50/50.
It’s a common misconception that assets are automatically split straight down the middle. While most negotiations start as a 50/50 split, multiple factors can alter marital assets’ division in the divorce settlement.
The UK courts aim to ensure that the assets are split equally and fairly, depending on each spouse’s needs. A few factors the court will consider in the division of assets are:
- Relative needs of each party. An economically weaker spouse may receive a larger portion of the financial assets.
- Child custody. The judge may award a more considerable amount to the party who has to look after the children. The justification of giving a party a larger share in this instance is to ensure the children’s wellbeing.
- Future earnings. A party who sacrificed a career progression for the marriage, and therefore future earnings, may be entitled to more in the divorce financial settlement to compensate for this sacrifice.
- Domestic violence. If extreme domestic violence was prevalent and resulted in a lasting impact on one party’s health and ability to work the judge may alter the division of the assets favouring the victim.
7. A prenuptial agreement isn’t legally binding.
A prenuptial agreement (prenup) is a contract created by two people before they are married. Typically a prenuptial agreement lists all of the property each person owns and specifies each person’s entitlements in the case of a divorce.
However, contrary to popular belief, a prenuptial agreement isn’t legally binding. But, saying this a prenuptial agreement can hold some weight when a couple can’t agree on finances. In this instance, the judge will decide whether the agreement is fair. Furthermore, the judge will determine if the agreement has been regularly revisited during the marriage.
As highlighted earlier in the article, the court’s main priority is fairness. If the prenuptial agreement is an unfair financial divide, the courts will take matters into their own hands. Furthermore, factors such as how old the prenuptial agreement is can determine how much weight it has in court. For example, suppose a prenuptial agreement was untouched by a couple who were married 25 years. In that case, it’s unlikely to have much weight as the courts can view the agreement as outdated.
8. Pets are classed as property.
Pets are members of the family. Therefore, you won’t be surprised to know that some of the most common questions people ask are “who gets custody of the pets?”.
Sadly, although we see our furry friends as a family member, the courts don’t share the same view. A pet is legally deemed as an ‘item of personal property’. Other things also defined as an item of personal property includes furniture, artwork or jewellery.
As a result, when it comes to arguments over who gets to keep the pets, it can come down to who purchased the pet and financially maintained it. Unfortunately, this may seem unfair, especially if you’ve been the one who has spent more time looking after the pet. However, when it comes to claiming pets, there is almost no room for manoeuvre in the eyes of the law.
Why contact our solicitors about a divorce matter?
Divorce is a highly complex area of law, and without an experienced professional guiding you through the various stages, there’s a high chance that costly mistakes will be made.
For more information please visit our divorce and separation page or contact our solicitors directly on 020 3007 5500.
0 Comments