Thursday, March 31, 2016

The most popular divorce questions

Other than how much a divorce costs, which really does depend on the specifics of the case, here are the most poplar questions that we receive about divorce proceedings that we thought we would share.

Can we get a ‘quick’ divorce? 

Enticing as that prospect may sound, the answer is no. All divorces must go through a court and there are certain timescales that have to be adhered to. It is appropriate that this is the case because there needs to be time for the divorcing couple to reflect on the action their taking to make sure that this is a step they definitely want to take. Putting financial settlements to one side, a typical divorce can take between 4 and 6 months.

Can we get a divorce because our marriage has simply run its course?

Once again, the answer is no. There have been calls to introduce a ‘no-fault’ divorce arrangement but at the moment, nothing has been passed. There is a requirement to prove that the marriage has irretrievably broken down because of adultery, long-term separation of two years or more and you both agree to the divorce, separation for five years or more irrespective of agreement, desertion or unreasonable behaviour.

Do we have to go to court?

If you both agree to the divorce then there should be no need to attend. The court can deal with matters in your absence as long as all the necessary documents and paperwork are in place. Of course, if the divorce is contested then you will need to attend.

Are financial settlements split 50-50?

Not necessarily. This is probably one of the most complex areas of divorce law and it will depend on a lot of factors. Legal advice on this matter is imperative.

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