Clough & Willis Divorce Solicitors have many years experience in divorce settlement. Below are some of the most common or frequently asked questions that our solicitors may receive in relation to divorce proceedings and divorce settlements.
Will I have to go to Court to get a divorce?
No, unless the Divorce is contested or costs are disputed, personal attendance at Court is not required.
My wife and I are still living together because we can't each afford to buy our own home until the family home is sold, can we get a Divorce ?
Yes, however the Court has to be satisfied concerning the living arrangements, before the time separated can be considered for the purposes of Divorce. We recommend that you consult one of our specialist family solicitors for further advice
My wife and I separated last year. I believe once we have been separated two years we are automatically divorced ?
No, that is not the case a Decree Absolute of Divorce must always be obtained from the Court to bring a marriage to an end. The procedure is exactly the same in all cases.
My wife and I have only been married 6 months can we get a Divorce ?
No, before a Divorce Petition can be filed with the Court, you must be married for a minimum of 12 months. It is possible to bring Judicial Separation proceedings if it is necessary to settle a financial dispute in the meantime.
How long will it take to get a Divorce ?
Generally speaking Divorce Proceedings take between 3 - 5 months to complete. Other factors that can have an effect on the timescale for Divorce include unresolved children issues or financial issues. We would recommend you consult one of our specialist family law solicitors for further advice.
My husband has issued Divorce against me because I had an affair. Does that mean I will lose my share in the house ?
In most cases the fact and grounds for Divorce does not affect the share of matrimonial assets. The Court has specific factors it must consider before making an order concerning finances. Whilst conduct may be considered, it is very rare for it to be of such a 'gross and obvious' nature as to warrant a punitive award. We recommend that you consult one of our specialist family solicitors if you are at any time concerned.
My wife and I divorced a year ago and sorted the finances ourselves do we need a solicitor?
It is important to instruct a Solicitor so that both parties are aware of the legal implications of the settlement. A solicitor can also incorporate the financial agreement into a Court Order to prevent either spouse making any future claims either in later life or in death. This is what is termed a 'clean break' Order.
My name isn't on the Deeds and I haven't worked during the marriage, can I make a claim on the house ?
Yes. By virtue of the marriage you are entitled to make a claim on the matrimonial assets including any property . Non- financial contributions towards a marriage will be taken into account by a Court when considering the division of matrimonial assets. You should speak to one of our specialist family solicitors for further advice to ensure no disparity of treatment between the so called 'home maker' and 'breadwinner'.
Can we sort out finances before we apply for a Divorce ?
It is possible to reach an agreement concerning the division of matrimonial assets before Divorce but until that agreement is approved by a Court upon Divorce, both parties are open to future claims in life and death. Generally speaking more mature couples breaking up after a long marriage some times wish to want to petition the Court based upon 2 years separation and in the meantime choose to deal with the financial consequences in a 'Separation Deed'. For this you require specialist family law advice.
Will I have to attend Court to sort out the finances ?
No, if an agreement is reached it is possible for your Solicitor to draft an agreement which subject to the approval of a District Judge can be made into a Court Order without the need for personal attendance. However if there is a dispute or incomplete disclosure and the Court assistance is required, hearings will be necessary but our specialist Family Law Solicitors can advise you further.
