The Top FAQs About Divorce Answered
It is considered one of the most stressful things that anyone will go through in their life.
So, if you are looking to be legally separated from your partner, it is well worth knowing what to expect.
But, it is safe to say that even if a divorce is straightforward, it can be needlessly complicated to navigate, meaning that even a simple separation can cause both parties to have an array of questions about the process.
To help you to make sense of divorce law in the UK, divorce solicitors in Guildford answer five commonly asked questions about the process.
1. How do I file for a divorce?
To start the divorce process, one spouse (the petitioner) must file a divorce petition with the court and serve it on the other spouse (the respondent).
If the respondent agrees to the divorce, the parties can proceed with an uncontested divorce. If the respondent disputes the divorce, the parties may need to attend court hearings to resolve the issues in dispute.
You must have been married for at least one year and be able to prove that your marriage has broken down.
The grounds for divorce in the UK include:
- unreasonable behaviour
- and separation for at least two years (with the consent of the other spouse).
Although, now, you can file for a no-fault divorce, which many people find preferable.
2. What is a no-fault divorce?
A no-fault divorce is when no one is held responsible for the divorce, and it is seen as a more amicable option.
In the UK, a no-fault divorce can be due to an irretrievable breakdown of the marriage; this is established by showing that the parties have been living apart or separated for at least two years and that the respondent consents to the divorce.
In a no-fault divorce, the parties do not need to provide evidence of wrongdoing or fault on the part of either spouse; this seeks to speed up the process and not cause as much emotional distress.
Related: Signs You Are in a Healthy Relationship
3. How are assets divided during a divorce?
In the UK, the court will divide the parties’ assets in a way that it considers fair, taking into account the circumstances of the case.
This may include the financial needs of each spouse, including their income, earning potential, and any financial responsibilities they have towards children or other dependents.
Furthermore, the contributions made by each spouse to the marriage, including any contributions to the other spouse’s career or education, and the value of any assets owned by the parties, including: property, savings, and pension plans, will be explored.
4. How will child custody and support be determined?
In the UK, the welfare of the child is the most important consideration when determining child custody and support arrangements.
When making a decision about child custody, the court will consider the child’s wishes and feelings, taking into account their age and understanding, as well as their physical, emotional, and educational needs.
Also, there is the need to explore any physical or psychological harm that the child has suffered or is at risk of suffering.
Related: Should You Stay Married for the Kids?
Articles on this website do not constitute legal advice. Please consult with a local attorney, solicitor, lawyer, advocate or any such legal counsel should you have further queries about divorce or other legal matters.
Over to you
Are you considering a divorce in the UK or have you been divorced in the UK? Were we able to answer all your FAQ’s about divorce? If you’d like to contribute to the conversation, please leave us a comment below.
Further reading: Common Legal Issues and What to Do If You Find Yourself Stuck