5 common questions about Divorce
Can I get Divorced?
The first question we’re normally asked by people who are coming to see us about a divorce is can I start the divorce? Am I able to file a petition at the court? Normally the answer is yes, you can. Provided you’ve been married for 12 months, you can file a divorce petition at the court.
What are the first steps?
The next question we ask is, do you believe your marriage has broken down irretrievably? If you believe that marriage is broken down irretrievably, we then have to consider which ground they would like to use? There are five main grounds for divorce. The two quick divorces if you’d like to terminate it that way, are that we would look at the grounds of unreasonable behavior or adultery. If, however, the parties want to wait for two years, or indeed five years, those are two further grounds that we can consider. With a two-year separation, the parties do have to give consent. But quite often, that’s just an amicable way of dealing with matters if the parties don’t want to divorce immediately.
What is the process?
We often then get asked what the process is for getting a divorce. Once the petition has been issued, it is then for the other party to respond to that confirming their agreement. Once that’s been undertaken, we then would advise you as to how you apply for the next stage, which is known as the decree nisi. Once the decree nisi has been pronounced, we then wait for a period of six weeks and a day before applying for the decree absolute
How long will it take?
People usually ask how long will it take for us to get divorced? We do say it depends on the other side, and it also depends on the court and how quickly the courts can deal with matters. Generally, I would give a timescale of between six and eight months to get the divorce from start to decree absolute where you are officially divorced.
Other legal implications?
Divorce effects a number of other issues, we would always recommend that you should either review any existing Will and perhaps change the terms of that, or alternatively make a Will so that wishes can be carried out on your death. Another practical tip is to review any personal insurance policies or any pensions, it might be that your spouse was named as a beneficiary in the event of your death, and you may want to take steps to change that at this stage. It’s also important if you’ve got children together that you’re going to give some thought to how you’re going to share their care in the future. And finally, also quite significantly, maybe that there are some financial assets that we need to look at how they’re going to be split and divided between you as part of an overall financial settlement.
If you’d like to discuss matters further with any of the team at Chadwick Lawrence, please feel free to contact us today.
