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July 07, 2017

Divorce - Frequently Asked Questions

Divorce - Frequently Asked Questions

Date updated:

Below are some of the commonly asked questions in relation to the process of divorce:

You may first wish to consider attending counselling together to see whether you are able to overcome the difficulties which have arisen in your marriage.  If there is no way forward for you as a couple, there are a variety of options available to you to assist you through the separation process.  It can be sensible to obtain legal advice at an early stage so that you are well informed as you go through the separation process.

Since 6th April 2022, the divorce procedure has become more straightforward and no longer requires any element of blame.  Proceedings for divorce can be issued online via either jointly with your spouse or individually.  We are also able to provide advice with regard to this process, or to issue divorce proceedings on your behalf.

Following new divorce laws being introduced on 6th April 2022, divorce proceedings will now usually take seven to eight months to conclude.  However, if there are financial issues to be resolved, it could take longer as it is usually sensible not to finalise the divorce until a settlement has been reached. 

You should try to discuss with one another at the earlier stages of separation what arrangements you feel as parents should be made for the care of the children.  You should also consider whether you are able to discuss the issue of your separation with the children together so that they can see that you are united as their parents, despite your separation.  You can also attend mediation to discuss arrangements for the children together in a child focused way.  The Court will not make any orders automatically on your divorce concerning the children but, if it is not possible to reach an agreement between yourselves regarding the children, it is possible to make an application to the Court with regard to their living arrangements and other issues (see also children matters/frequently asked questions).

When considering financial issues on divorce or separation, first consideration will be given to the welfare of any children of the family.  Other circumstances, such as the resources available to you both and your respective needs will be taken into account.  Again, every effort should be made to resolve such issues between you by agreement and we can support you with this, whether by way of mediation, Collaborative law or constructive negotiation.  If an agreement cannot be reached, an application can be made to the Court for a decision to be made on what is fair in all of the circumstances, taking into account the above factors (see also financial factors on divorce).