Divorce: Your Top Questions Answered
At Mackenzie Jones, we understand that divorce or relationship breakdowns can be a very stressful time. As a leading law firm in the UK, we are focused on providing efficient care and support and try to ensure that each case is handled sensitively.
Our team have years of experience and are experts in this field, having assisted hundreds of couples across North Wales, Chester and beyond for more than two decades.
In this latest article, we address the top five questions we frequently receive about divorce, providing you with the information you need to navigate this challenging time.
What grounds are required for divorce in the UK?
The Divorce, Dissolution and Separation Act 2020 (“the Act”) came into effect in April 2022 and implemented major changes to the divorce process; removing the requirement for couples to blame each other for the collapse of their marriage.
Lubna Shuja, the Law Society President, stated “One year ago, the family law system saw its biggest change in 50 years when ‘no-fault’ divorce came into effect”. While allowing couples to look forward to the future, the new system allows families to focus on important decisions regarding childcare and finances.
Since the introduction of the Act, the evidence required to prove the breakdown of a marriage has been reduced to the statement of one spouse. This is the only required evidence, without the need for blame. The Act also established an option for joint divorce applications, allowing a cooperative outlook towards the process.
Do I need a solicitor to get a divorce?
Where it is possible to handle your divorce independently, we would strongly advise that you consult with a solicitor before lodging any divorce application.
Seeking legal advice can provide reassurance that the legal and professional complexities of a divorce are handled by the experts.
Advantages of having a solicitor include:
- Helping you to navigate complex, legal procedures
- Ensuring all documentation is completed correctly
- Negotiating financial and custody arrangements
- Representing you in court, if necessary
Given the complexities and emotional nature of divorce, legal support can be invaluable and could provide you with a smoother and more favourable outcome.
How long will my divorce take?
The timeline of your divorce can vary widely based on your situation, circumstances and complexity of the case. The duration also relies heavily on the cooperation between both parties.
A straightforward, uncontested divorce could take around four to six months on average from filing to receiving the final decree absolute. However, this very much depends on the disputes or any complications regarding finances, property or child arrangements which could extend the process much further.
How will my assets and finances be divided in a divorce?
Divorce and relationship breakdowns can be a trying time without having to worry about the financial and legal complications which often go with it.
The division of assets and finances during a divorce aims to achieve a fair outcome but depends on various factors in order to meet an agreement.
Important decisions regarding finances and valuable assets, such as properties, need to be considered and the court is required to confirm any financial agreements. Despite the simplicity of the process, it is essential that you seek legal advice when making an application for divorce as not doing so may cause greater problems further down the line.
Our expert divorce and separation solicitors would be happy to provide you with advice if you are contemplating divorce proceedings, or alternatively if your spouse is intending on issuing divorce proceedings. We can also assist clients with the dissolution of a civil partnership.
Alternatively it may be that a divorce is not applicable and you merely wish to obtain advice and assistance with regards to a possible separation.
If you have any questions about divorce then please get in touch with our Family Law team.
