fbpx

FAQ’s

A divorce can be started so long as you have been married for at least one year. A divorce petition is prepared and submitted to the Court. The other party then receives an acknowledgment form. You can then proceed to the Decree Nisi stage (the interim divorce order) and, after waiting six weeks and one day, you can apply for the Decree Absolute (the final divorce order).

Usually an uncontested divorce takes about four to six months to complete. Any issues to do with the children or finances could take longer, often between six and twelve months.

It is important in any case that there is full and relevant disclosure of the family’s finances and from both parties. Normally a request is made for voluntary financial disclosure.

Where a party refuses to do this then you are entitled to make a financial application. The Court will then automatically set a court timetable for certain tasks to be completed.

One of those tasks is the preparation and exchange of financial information in a form called ‘Form E’ with documents in support. You are then entitled to consider the financial disclosure and prepare relevant questions if you feel more information is needed.

No two cases are ever the same and a equal split is not always appropriate. It is also important to see what is financially at stake, to check that all of the assets and income have been disclosed and that the valuations are accurate.

When considering the financial issues, a court is guided by a number of factors to include:

• the welfare of any minor children

• income, earning capacity, assets and financial resources

• financial needs, obligations and responsibilities

• standard of living

• age of each party and the length of the marriage

• health of each party

• contributions (financial and non-financial)

• conduct

• loss of certain rights.

It is important that specialist legal advice is obtain to consider these points and so that the financial outcome is both fair and reasonable. Where Court proceedings are necessary then then the case should be dealt with to achieve the best possible outcome.

The living arrangements for the children will need to be carefully discussed. Usually the parents are able to reach an agreement about what time the children will spend with each of them. This might not be easy but remember that although you have rights, more importantly, the children have a right to see their parents and to spend time with each of them.

Where parents cannot agree matters then the Court can assist. This can be by way of a residence order and/or a contact order. In some cases there can be a shared residence order. A judge can appoint a welfare officer (known as a Cafcass officer) to prepare a report to assist the court in reaching a decision. What is most important is the welfare of the children and what is in their best interests.

Whether or not the family home has to be sold will depend on the facts of the individual case. In most cases one of the concerns is how everyone is to be accommodated. The parties will eventually separate and where there was one home there will then be two. This can mean that the family home is sold and the net proceeds of sale are divided so that everyone can find new accommodation. This does not necessarily mean, however, that there will be an equal split of the money.

Much depends on the needs of the parties and of any children. It may also be possible to postpone the sale of the family home until the children have left home or to offset the family home against other assets so that the property can be retained.

Yes, the fact that you are not married can make a significant difference. There is no such thing as a ‘common law’ husband or wife. The legal rights and remedies might be limited to the family home and how this is owned. Where there are children, however, it might be possible to make an additional claim for financial provision for a child under the Children Act 1989.

Sarah Chan - Seatons Solicitors

Family Law Specialists Corby

Hello, I am Sarah Chan and I am the Head of Seatons Solicitors Family Law Department in Corby, Northamptonshire.

We aim to provide our clients with an outstanding legal service. We will help and support you and most importantly we work hard for you.

Please contact us for a free, initial no obligation chat at either our Corby office on 01536 276300 or our Kettering office on 01536 311690 or contact us online

Maureen Brown - Seatons Solicitors

Family Law Specialists Kettering

Hello, I am Maureen Brown and I am the Head of Seatons Solicitors Family Law Department in Kettering, Northamptonshire. We aim to provide our clients with an outstanding legal service.

We will help and support you and most importantly we work hard for you.

Please contact us for a free, no obligation initial chat at either our Corby office on 01536 276300 or our Kettering office on 01536 311690 or contact us online

Latest Family Law Video

Latest Family Law Articles

Court Urges Peace on Unmarried Couple at War Over Family Business

Unmarried couples should be under no illusions that they have legal rights equivalent to those who have tied the knot...

Buying a Home with Your Partner? Legal Advice Today Saves Heartache Later!

Couples who buy a home together tend to assume that true love lasts forever and that the property should be owned in equal shares...

Compensation is Not a Lottery Win – Take Professional Investment Advice

A judge’s recent ruling in a divorce case revealed how easy it is to swiftly fritter away compensation that is supposed to last a lifetime.

Children’s Wishes and Feelings Prevail in Bitter Paternity Dispute

In the throes of family breakdown, parents often focus on their own personal battles but it is the best interests of their children that are always uppermost in family judges’ minds.

COVID-19 Information

We are OPEN and would like to reassure our client's that it is business as usual and as a firm we intend on supporting our clients through this difficult time. Please note: Clients are requested to wear face masks when attending our office(s). As a precautionary measure to limit the risk to everyone our preferred communication is by telephone and/or email and/or post. We may take a little longer to respond to enquiries and deal with matters. Please bear with us in these unprecedented times.