The most recent divorce statistics published by the ONS cites that in 2022, 80,057 couples got divorced in the UK. Although this figure has in fact declined over recent years, it still becomes the reality for many couples. Divorce can put immense strain on individuals and families, causing turbulence in a variety of different areas of everyday life.
At Eric Robinson Solicitors, we are here to support our clients from beginning to end, ensuring that, should you enter into divorce proceedings, you are fully informed at every stage. With this in mind, if you are searching for quick answers to some common divorce questions, we have put this post together which explores the top 10 FAQs around divorce and separation.
If you would instead prefer more comprehensive answers or specific advice, we’re pleased to offer free, 30-minute consultations to discuss your personal circumstances and requirements. Contact your closest branch today.
1. How do I start divorce proceedings?
If you have made the decision to start divorce proceedings, you will need to consider whether it is a joint, or a sole application that you wish to move ahead with. Following this, we recommend researching and choosing a family law solicitor to help guide you through the process and act as mediator if required. Both parties will need to instruct separate solicitors.
If you do not wish to instruct a representative, you can start proceedings by submitting an application to the Court through the GOV.UK website. A court fee will apply. Ideally, you’ll have already considered how you and your partner will split joint finances and large assets, what your living arrangements will be and where any children you share will live, but these considerations are not a necessity to begin divorce proceedings.
2. What are the grounds for divorce?
Pre-2022, there were five different reasons cited as grounds for divorce, and one of these needed to be evidenced. These were:
- Adultery – your spouse had been unfaithful.
- Unreasonable behaviour – a spouse’s behaviour was such that the other couldn’t reasonably be expected to continue living with them (examples include, but are not limited to, physical and verbal abuse, carelessness with money and substance abuse).
- Separation for more than 2 years.
- Separation for more than 5 years.
- Desertion – for situations when a spouse leaves for a continuous period of two years or more, without consent.
Following updated legislation introduced in April 2022, couples can now complete a ‘no fault’ divorce. This doesn’t require a specific reason for the end of the marriage, you’ll just need to confirm that the relationship has broken down beyond repair. You are still able to cite one of the reasons above if it is relevant to your personal circumstances, but it is no longer a necessity to do so.
3. Do I need a solicitor for divorce?
Although it is possible to complete the process of a divorce without a solicitor, due to its complicated and sometimes emotional nature, we would always recommend you consult with a professional. Using an expert divorce solicitor to help guide you through the divorce process has many benefits:
- We will take care of all the administrative work for you.
- We will apply to the court on your behalf and organise any hearings that need to be attended.
- We provide services such as mediation to ensure that any difficulties are addressed and resolved as efficiently as possible.
- We are fully trained to help with documentation that may need to be considered such as pre-nuptial or post-nuptial agreements.
- Our experience helps us speed up and simplify the process.
- We help couples understand exactly what needs to be decided and provide guidance on how to unpick complicated matters.
- We have a great deal of experience in helping couples finalise their divorce – no matter how complex the situation, we have likely dealt with something similar before.
4. What is a ‘do it yourself’ divorce?
A DIY divorce is the process whereby a couple decides not to take any legal support or guidance, instead applying to the court directly to finalise their divorce. DIY divorces, if successful, can save money, however, there are some serious considerations that should be made before moving forward with this option, such as:
- Is the divorce completely amicable? Have you officially agreed on every important element such as childcare, housing arrangements, joint finances etc?
- Have you planned for, and agreed on plans for the future? For example, if one party chooses to sell the family home, how will the equity be split?
- Have pensions, joint and personal savings, any businesses or shares been discussed and agreed?
- Do both parties agree that the terms you’ve set yourselves are fair, and will be abided by?
- Are you happy to do all the necessary paperwork and administrative work yourselves?
As there are many intricate parts to finalising a divorce, we always recommend that, even in amicable circumstances, a trained solicitor is employed. If both parties are completely satisfied with terms of the divorce, there’s a lot to be said for having complete peace of mind that proceedings are being dealt with professionally. Plus, should any issues arise during the course of proceedings, you have the efficient support available to you.
5. How long does a divorce take?
Finalising a divorce takes a minimum of six to seven months. Depending on your personal circumstances, and what you have/have not agreed with your spouse, this can take longer.
6. Who pays for a divorce?
Generally speaking, when a couple enters into divorce proceedings, they each pay for their own legal fees. You may agree to split the court fees associated with the process, or if there is only a sole applicant, they may need to cover the court fees independently. In some circumstances, the court may deem it necessary for one party to pay for the costs of their spouse, however this can only be determined by the court, and any decisions are based upon the divorcing couple’s individual situation.
7. Who gets custody of a child in a divorce?
Legally, ‘custody’ of a child no longer exists. Parents are encouraged to come to a decision privately about the joint care of any children within the relationship. If an agreement cannot be reached, it is recommended that family law solicitors assist with negotiations. A child arrangement order may also need to be applied for if an agreement is not possible, but your legal representative can talk you through this process if it is needed.
8. What am I entitled to in a divorce?
As part of the divorce process, you and your spouse will ideally need to discuss and decide how you are to split your joint assets. This includes finances, property, possessions and future assets such as pensions and inheritance. ‘Entitlement’ is avoided as every divorce is different; instead, it depends on your personal circumstances, and what is deemed ‘fair’ by a Judge, based on Section 25 criteria. There is no automatic entitlement for either party.
9. Should assets be split 50/50 in a divorce?
Similarly to question eight, if a couple cannot agree how their joint assets will be split, a Family Judge will evaluate criteria set out in Section 25 to decide on their behalf. Where in some cases it may be in both party’s best interests to split assets 50/50, if there are other important factors to consider, such as children, financial obligations, disabilities or future assets coming into play, a straight split down the middle may not be deemed fair by the Court, and other arrangements will be made.
10. What is a no fault divorce?
‘No fault’ divorces were legalised in April 2022. They provide couples with the option to proceed with a divorce without having to cite a specific reason for the separation. All you will need to do is confirm during the proceedings that the relationship has irretrievably broken down.
If you would like support with your personal divorce proceedings or would like to speak with a qualified solicitor, we offer free, 30-minute consultations at all our branches. Contact your closest branch to book an appointment.
Southampton, Hedge End, Chandlers Ford, Winchester, Lymington and Richmond Upon Thames.
