FAQ's: How to get a Divorce?
Our Head of Family Law services knows that divorce can be a complicated matter and has kindly offered her time to answer some frequently asked questions to ensure that you have the support you need.
Did you know?
- Since 1st April 2013 Legal Aid for most family matters is no longer available.
- Since 6th April 2011 all parties, prior to making an application to court relating to children or financial matters, should attend a mediation meeting (MIAM).
- If you live with your partner and you are not married you do not have the same legal protection as a married couple if you separate.
- You have to be married for 1 year before you can start divorce proceedings.
- There is no such ‘right’ to have contact with your child, it is the child’s right to have a relationship with each of their parents, provided it is safe to do so.
- If your divorce is undefended with no financial or children’s matters to resolve, then you may not need to attend Court.
- It is possible to get divorced if you do not know where your husband or wife is.
- It usually takes around 9-12 months to obtain a straightforward undefended divorce.
Q & A
Q: Does my husband or wife need to sign the divorce papers for me to get my divorce?
A: No. If the respondent does not sign and return the Acknowledgement of Service (AOS) to the Court after your divorce petition has been issued, then you will need to prove to the Court that they have received the divorce papers. If you can show evidence that the Respondent has contacted you and acknowledged that they received the papers, then this is enough to continue with your divorce without them signing the AOS.
Q: The family home is owned in my husband/wife’s name. Is there anything I can do to protect my interest in this property?
A: Yes. You can apply to the Land Registry to register your Matrimonial Home Rights where you will then be notified if the property is sold or re-mortgaged.
Q: Do I have to give my wife half of all the matrimonial assets even though she has not worked since we got married?
A: Potentially yes. The way matrimonial assets are divided is based on many factors including the length of your marriage, whether there are any children and the needs of each party. This is not necessarily related to the financial contributions of each spouse.
Q: How much does a divorce cost?
A: The costs will vary depending on the amount of work that needs to be carried out. We can provide you with an estimate once your case has been assessed. The Court fee to issue divorce proceedings is currently £550.
Q: Is a Divorce and Financial Matter the same case?
A: No. a Divorce and resolving Financial Matters happen alongside each other, but they are not the same legal case. Should you have a Divorce and Financial case, You will be charged separately.
If you require divorce advice, or are looking for a Solicitor to act on your behalf for a Divorce, please contact a member of our family team or call us today on 01733 333 333. To find out more about the services we offer, click here.
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