It is something that most couples do not envision happening to them when they walk down the aisle, divorce.
However, it is a sad reality that in some instances, a marriage will deteriorate, and you will need to divorce your partner. This is a very stressful process and unless you have extensive knowledge of family law in the UK, it is likely that you will have more than a couple of questions about the divorce process.
At Andrew and Andrew, our family solicitors Emsworth will always aim to represent you throughout a divorce procedure with compassion and care. We will ensure that any questions that you have will be answered and will liaise with your former spouse’s solicitor to ensure that your legal needs and rights are met during the process.
So, back to those burning questions about divorce. In this article, our family solicitors Emsworth aim to answer 5 of the most common questions that we receive about this from our clients.
How does divorce start?
The process of divorce starts when the applicant (either you or your spouse) submits a divorce application to a court. Our family solicitors Emsworth will aim at this stage to complete the required documents for you. After this, you will need to meet with our team which is required by a code called the Family Law Protocol, to consider the issues that may arise through the process, and potential fallouts revolving around children, shared houses and joint bank accounts.
The reason the person starting the divorce is now called the applicant rather than the petitioner is due to a change in the law since the 6th of April 2022, and divorce in the UK is now based on a no-fault option.
How long does it take?
If all goes to plan, a relatively straightforward divorce will take between 6 to 8 months provided that you both deal with paperwork promptly. It may be possible to speed up this process, such as if one of you wants to get remarried, but this will increase the overall costs. If there are discrepancies or disagreements about financial issues, then the negotiations can prolong the process.
Will we need to go to counselling first?
In the UK if you are divorcing, you are expected to consider mediation before proceeding with the divorce. Our team at Andrew and Andrew can oversee this, but you are not legally required to try mediation or counselling. However, they do have their advantages so they are recommended.
Will we need to go to court?
It is very unlikely that you will need to go to court to have a divorce in the UK, and this will definitely be a last resort. In the majority of cases, divorces are settled outside of court and are based on meetings between the two solicitors representing you and your partner.
What happens if my spouse refuses the divorce?
It is highly likely that the prospect of divorce is going to stir up some negative emotions, and this is why we are here to negotiate on your behalf. If this fails, we may recommend negotiation meetings to smooth the process over, but be aware that under the new law, your partner cannot refuse to divorce.