Pay Online

Ashby de la Zouch

01530 639 031

Tamworth

01827 758 041

Getting a Divorce - Frequently Asked Questions

 

We've taken some of the most popular questions that we get asked by our clients when they come to us to get a divorce. Most of the time getting a divorce can be straightforward, however the complexities come when there's children involved, property, pets or quite simply, when both parties do not agree.

 

We've been working with clients for over 150 years, although times have changed, our values have stayed the same, to help clients in a way that is fair. As the world is constantly evolving, we know there may be many more questions you want answering.

 

Email your question to us: enquiries@fisherslaw.co.uk and we'll add it to this page.

 

What are the grounds for divorce?

If you and your partner have been married for at least a year, you will be eligible for divorce. There are, however, certain grounds for divorce that you need to demonstrate in order to get a divorce.

There are five legally acceptable grounds for divorce:

  • Adultery (under current UK law, only sex between partners of opposite genders qualifies as adultery)
  • Unreasonable Behaviour
  • Desertion
  • Two years separation and an agreement from your partner to divorce
  • Five years separation, whether your partner agrees to the divorce or not

 

How long does a divorce take?

If your divorce is straightforward, it will usually take between six to eight months. You will just need to make sure that both parties deal with the court papers quickly. Speak to your solicitor if you wanted to speed up this process as it is possible, however costs will increase. Dealing with financial arrangements may impact the speed of your divorce. However you can get divorced before any financial agreements have been made. Make sure you discuss your options with your solicitor first.

 

Why can’t you use adultery as grounds to end a same sex marriage or civil partnership?

Because current UK law defines adultery as being sex only between a man and a woman, this does not usually apply in cases of infidelity within a same sex marriage or civil partnership. Instead, infidelity between same sex partners has to come under the grounds of unreasonable behaviour.

 

If you are in a same sex marriage and your spouse has sex with someone of the opposite gender, this will be classed as adultery, however, in civil partnerships there is no provision for adultery at all, so this would still be classed as unreasonable behaviour.

 

Do you need to dissolve a civil partnership to get married?

If you are in a civil partnership and wish to convert this into a marriage, you do not need to dissolve your civil partnership first. You simply need to sign a ‘conversion into marriage’ declaration in an appointment with the superintendent registrar at your local register office.

 

How are children affected by divorce?

Relationship breakdown isn’t fun for any member of the family. However, it can be particularly confusing and upsetting for children. The impact of divorce on children will ultimately depend on your personal circumstances. However, typically, the more straightforward and harmonious the process, the easier your children will find it to transition.

 

This requires both parents to communicate well and minimise conflict wherever possible. Arguing parents can be a source of great stress to children, no matter their age. Alternative dispute resolution methods such as mediation can be particularly helpful in this regard.

 

Mediation involves sitting down with a qualified mediator to discuss your separation arrangements. The mediator is not there to take sides or provide legal advice, but to guide your discussion and defuse conflict. By coming to an agreement in a neutral mediation environment, you can avoid exposing your children to stressful court proceedings, safeguarding their emotional wellbeing.

 

Who gets the house in a divorce with children?

There are no laws over who should get the house in a divorce. Typically, financial arrangements upon separation need to be fair for both parties. This may mean you need to sell the family home and split the equity.

 

However, you also need to take into account the needs of your children and the impact of moving at this difficult time. Ultimately, the welfare of your children should be your main consideration. For example, if the children have never moved before or they would also have to move schools, leaving the family home may not be the right solution.

 

One option is that the resident parent could buy the non-resident parent out of the home. However, this this isn’t always possible due to financial constraints. Another option is to allow the resident parent and the children to remain in the family home until the youngest turns 18 years old or they move out. Then the house can be sold.

 

What is the process of getting a divorce?

Family Law

A legal guide to life after divorce

Recently divorced? Here are a few legal matters you should consider before moving into the next chapter of your life.
Read Article
Family Law

I am divorced, can I force my wife to change her name? Plus what will happen to the children’s names now?

When a couple marry, it has traditionally been typical for one of the couple to assume the other’s surname (although this is not an actual requirement of the law).
Read Article
Family Law

Do only celebrities and Americans get Pre-Nups?

The idea that a Pre-Nuptial Agreement is something “foreign” or a concern only for wealthy or famous people is something of a myth.
Read Article
Family Law

Working it out when things go wrong

Relationship breakdown should not mean the opening of battle with a former partner, which will be supported by the introduction of ‘no fault’ divorce from April. The best outcomes can come through good communication and supported discussions.
Read Article
Family Law

Mistakes to avoid when negotiating a separation agreement

If you are separating from a partner, you may have considered a separation agreement. In our latest article, we set out common mistakes to avoid.
Read Article

 

 

HOW WE CAN HELP YOU?

HOW WE CAN HELP YOU?

Whatever your needs, assets or personal situation, we will listen to you and provide friendly and practical advice. Understanding your circumstances is the most important thing, so if you prefer to meet in person, by video link or something else - no matter where you are, we’re here to drive the change you need, or solve the problems you have.

Ask a Question Request a Callback Get a Quote

Latest News and Events

Team Fishers

Helping Hands: South Street Garden, gardening project

On Friday 10th June, a team of people set about a range of gardening tasks to tidy up a public garden on South Street in Ashby. The garden is council owned and managed by Ashby Rotary.
Read Article
Disputes & Claims

Challenging a Will – mental capacity

One of the ways that a person can try to argue that a Will is not (or should not be) valid is to challenge whether the deceased had mental capacity to make the Will.
Read Article
Disputes & Claims

Executor role – Remaining neutral when a claim is made against an Estate

Find out about an executors role to administer a Deceased’s person’s estate in more detail...
Read Article
Wills, Trust & Probate

Power of Attorney: Making your wishes clear

If you are planning to make a Power of Attorney, read our guide about how to discuss your wishes for the future with your loved ones:
Read Article
Business & Workplace

Navigating the gig economy and the choppy channel across to franchising

The gig economy is driving a rise in companies considering the use of franchise agreements to avoid worker or employee status for contractors but the way terms are written and the way the relationship really operates are vital.
Read Article
Home, Property & Land

Stamp duty changes ahead for multiple and mixed-use purchases

Stamp duty land tax (SDLT) changes are planned by HMRC to tackle potentially unfair outcomes, incorrect claims, or abuse of the rules relating to mixed use and multiple dwelling purchases.
Read Article
Disputes & Claims

Johnny Depp wins!

After three days of deliberation the long awaited verdict has been handed, Johnny Depp has won his defamation case against Amber Heard and Heard has a partial win on one account of her counter claim.
Read Article
    FISHERS SOLICITORS
Fishers is authorised and regulated by the Solicitors Regulation Authority, SRA number 48317. The Solicitors Code of Conduct can be found by clicking the logo.

 

 

Cookie Policy   |   Terms & Conditions   |   Privacy Policy   |   Sitemap

© 2022 Fishers Solicitors

Website Design Quiet Storm Solutions Ltd | Manage Cookie Settings