Confused about going through a divorce? Don’t panic! Five common divorce queries answered
Going through a divorce is tough.
There are financial areas to think about, the emotional impact a divorce will have on yourself and any children you and your former spouse have raised and then, of course, who will get custody of your children once the proceedings are over.
While there is a media image of divorces going through court and custody battles between former partners being fierce, this is, luckily, rarely the case. Indeed, in the UK, very few cases of divorce end up in court and so it should come as a reassurance that the following few months need not involve multiple courtroom appearances of a confrontational nature.
Unless you studied family law at university level, you are bound to have questions going forward. This is why employing family solicitors in Emsworth is such an important step to take in the early stages of any legal separation.
But, to save you some time at those first meetings, the top five questions that family solicitors from Emsworth are asked in relation to divorce have been answered below.
I don’t want to go through court; can I avoid it?
Don’t worry! Few divorce cases end up in court in the UK and your family solicitors near Emsworth should encourage you and your former spouse to resolve issues outside of the courtroom.
To do this, your individual solicitors will set up mediation meetings, which will involve discussions that examine the division of assets, child custody, and other legal separation issues.
How long will the divorce take?
This is a tough question to answer and is dependent on a myriad of factors.
For instance, do both you and your former partner want to divorce? If not, there is the legal right to contest it, which will result in further meetings.
On average though, in the UK, you can expect a simple divorce to take between 6-12 months to complete.
What documentation do I need to complete a divorce?
Under UK law, you will need a divorce application form which is accessible online. You will need to provide your original marriage certificate (or a copy if the original is lost or damaged) and, if your original certificate is not written in English, you will need to provide a translated version too. As well as this, you will need to produce any legally binding documentation in relation to your marriage, such as a prenuptial or postnuptial agreement.
My partner bought our home; can I get a share of it?
Whether you or your partner bought your home, you both have the legal right for an equal share of it in the event of a separation.
In many cases, the matrimonial home and its assets will be divided 50/50, but you should discuss this with your solicitor.
Am I responsible for paying my partner’s loans off?
This is a tough one to answer; unless a prenuptial or postnuptial agreement stipulated loan-related responsibilities, you may need further guidance from a solicitor to contest responsibility, therefore it can be a time-saving and de-stressing advantage to have legal advice from the start.