FAQ’s
Please click the question that is closest to your query for details…
No, if the Divorce is contested or costs disputed, personal attendance at Court is not required.
Yes, however the Court has to be satisfied concerning the living arrangements, before the time separated can be considered for the purposes of Divorce. We recommend that you consult one of our specialist family solicitors for further advice
No. Decree Absolute of Divorce must be obtained from the Court to end a marriage with no exceptions.
You must have been married for a minimum of 12 months before divorce proceedings can be started.
Divorce Proceedings take between 3 - 6 months to complete. However, the obtaining of a decree absolute may be delayed if children or financial issues are not resolved within that time scale. Of course, each divorce is unique and so you would be given specific advice in accordance with your specific circumstances.
In most cases the grounds for Divorce does not affect the share of matrimonial assets. The Court has specific factors it must consider before making an order concerning finances. Whilst conduct may be considered, it is very rare for it to be of such a ‘gross and obvious’ nature as to warrant a punitive award.
It is important to seek the advice of a Solicitor in order to ensure that you understand the legal implications of the settlement. A solicitor can also incorporate the financial agreement into a Court Order to prevent either spouse making any future claims either in later life or in death. This would be an ‘order by consent’ as apposed to an order that is imposed upon you by a judge following a court hearing.
Yes. By virtue of the marriage you are entitled to make a claim on the matrimonial assets including any property . Non- financial contributions towards a marriage will be taken into account by a Court when considering the division of matrimonial assets. You should speak to one of our specialist family solicitors for further advice to ensure no disparity of treatment between the so called ‘home maker’ and ‘breadwinner’.
You can contact your local mediation service who will contact your ex-husband/partner and
arrange an appointment for you both to meet to discuss the children. You can also attend the
Parenting Information Programme to get more information about how separation is affecting
your children and what to do about it. Please see our section about children for more information
and links to the relevant website.
