Frequently Asked Questions About Divorce
Getting a divorce is truly an emotionally distressing experience, you may not know exactly what to expect.There are many factors that go into the divorce process that determine the outcome. It’s completely normal to have lots of questions on your mind right now. Which is why I'm here to offer help, advice, and answers. The following are some of the frequently asked questions about the divorce process, in one place.
Will I have to go to court?
A fairly common misconception about divorce is that you will end up in court, but this is false. Whilst settling matters in court is necessary for some divorces, it is not the case for the majority. If you and your ex-partner are able to agree to the divorce, then no court appearances are necessary as the process becomes straightforward. You will need to attend court however if you and your ex-partner cannot agree on the divorce.
How long does it take to get a divorce?
When it comes to a straightforward divorce: the process takes 6 months. However in cases where there are many disputes, the process can become lengthy. Complications are likely to arise due to disagreements about property, children, and financial disparities. These factors can lengthen the time it takes to settle matters and get things sorted for both parties. Where possible, it’s best that you and your ex-partner sort things out amicably, so you can both move on.
How much is the divorce application fee?
The cost of applying for a divorce is £593. But don’t worry, there is financial help for you if you have a low income or are on benefits; this is called court fee remission. In the majority of divorces, the person applying for the divorce will pay the application fee.
What are the new divorce laws?
In the UK there used to be only 5 grounds for divorce that no longer apply. They were:
Two year separation with consent
Two year desertion
Five year desertion without consent
Up until the 6th April 2022, you had to choose one of these reasons that best suit your circumstances for divorce. This results in a lot of tension between spouses as one has to lay blame on the other. These reasons mean that couples who separated amicably, would have to wait 2 years to get a divorce.
The new divorce laws that have come into force on the 6th April this year allow spouses the option for a no fault divorce. What this means is that now you can now apply for divorce without placing the blame on your partner and vice versa. Currently, couples who wish for divorce but have not acted unreasonably or committed adultery, can now start the process. However there is a 20 week ‘cooling off period’ to ensure this is what both parties want.
If you’re in need of legal advice then do not hesitate to contact me today as I can help you.