The Divorce Process – Fiction V Fact
Following a separation it is always helpful to obtain some initial advice to find out your options. When a marriage has broken down, the thought of a divorce may fill you with fear. This is a natural reaction given that nobody marries with the intention of later divorcing. However some of the fear can also come as a result of the unknown.
When meeting new clients and discussing a potential divorce it is evident that there is still a lot of uncertainty as to what the process does and does not involve. Having assisted clients with divorces for over ten years, I have seen how the process has changed along the way. I have become aware of misconceptions which are easily clarified during an initial meeting. A few of the most common can however be summarised and clarified as follows.
Fiction: Divorce is very expensive
Fact: Divorce does not have to be very expensive.
We offer fixed fee packages to represent you within your divorce as follows: For you to issue the divorce £660.00 plus court fee of £410.00For your spouse to issue the divorce £420.00
This gives you the peace of mind that the process is being expertly followed with the minimum of tasks for you to complete yourself.
Fiction: Divorce solicitors will be aggressive and argumentative increasing costs and hostility
Fact: All of our family experts are Resolution members. This means that we will act for you in your best interests but we take a non-confrontational approach to issues.
The aim is to reach an amicable resolution at the earliest opportunity wherever possible.
Fiction: Divorce takes years
Fact: Divorce is simply the process of bringing the marriage to a legal end.
The process is a fairly straightforward one and provided both spouses co-operate, from start to finish the process will take between 4-6 months.
Fiction: I will need to go to court
Fact: For the majority of divorces, there is no need for either party to attend court throughout the divorce process as everything is done by paperwork.
There are occasions when a court hearing will become necessary, often if you and your spouse cannot agree on specific issues and need the court to make a decision.
Fiction: If I start divorce I will need to also go to court about finances and the children
Fact: You are able to complete divorce proceedings without dealing with either any financial or children matters. This may however not be in your interests to delay such matters so you should take advice as to your options.
If you and your spouse can reach an agreement about finances and children matters, you will not need to go to court to ask the court to deal with these issues for you. You may however wish to formally record such agreements into the relevant legal document to give you the best possible protection for the future.
Fiction: If I start divorce proceedings I will be entitled to receive a certain financial settlement from my spouse
Fact: As soon as a couple marry, they each gain the right to pursue a financial claim against the other’s capital assets and income should they later separate.
This does not however mean that either person must pursue such a claim, or that they will be successful if they did.
The right to pursue a claim does not entitle anybody to receive a certain financial settlement. The outcome of financial claims will be dependent on the available assets and various personal factors to the couple.
I hope this explanation clears up the most common misconceptions. If you are interested in finding out about your options following a separation or if you are considering a separation, please contact us to book a no obligation meeting.
All of our family experts offer initial 30 minute free interviews at our local offices.