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Divorce can be among the most challenging experiences individuals face, both emotionally and legally. Understanding the legal process and knowing what steps to take can make all the difference in navigating this difficult time. At Taylor Rose, we are committed to providing clear, expert guidance to help you through the complexities of family law.
In this Q&A, Georgina Earle Hutton, our experienced Family Law Partner addresses some of the most commonly asked questions about considering a divorce.
A: This depends on individual circumstances and preferences of the person seeking a divorce, but the most important thing is to employ a solicitor that you have a rapport with, that is a specialist family solicitor, and that you are confident will act in your best interest at all times.
Divorce can be a stressful process, so having an advisor you feel you can trust can make a huge difference to your experience, and the outcome.
A: It is not mandatory to use a solicitor and some parties decide to prepare the Divorce Application themselves. However, using a specialist family law solicitor can make it a much simpler and more stress-free process and help to ensure you properly understand your rights and options. It is advisable to get legal advice early on in the process in order to understand how much legal support you need and at what stages in the process.
There can also be numerous factors that complicate the divorce process, such as if one party has a pension; whether either party will be pursuing a claim for Interim Spousal Maintenance; or impact of the divorce on inheritance. Other complications that would warrant legal advice include if there are a lot of assets involved such as property or investments; a big financial imbalance between the two parties; or the involvement of children.
A: Under the Divorce Dissolution Separation Act 2020, it is possible for both parties to use the same solicitor to submit a joint application for a divorce, but only where the divorce is amicable and uncontested, and both parties agree to the contents of the Divorce Application. This does simplify the process and reduce the overall cost, but if there are any financial claims to be resolved, or disputes concerning children, the solicitor would only be able to act for one party in resolving these.
A: Once a Divorce Application has been submitted there is a mandatory 20-week/ 140 days cooling off period to allow the parties to reflect and determine whether a reconciliation is possible, and to negotiate any issues such as child arrangements and financial claims before progressing the divorce.
After this period, you can apply for a Conditional Order of Divorce (previously Decree Nisi). Thereafter there is a further 6 weeks and 1 day before an Application for a Final Order of Divorce can be made.
Before progressing with the dissolution of a marriage there are other factors to consider that can have an impact on the duration of the process.
A: If your spouse doesn’t agree to the divorce, you can still proceed with a divorce application. In some cases, a “contested divorce” may occur, where your spouse disagrees with the grounds for divorce or the terms. However, under the current law a divorce can be granted even if one spouse doesn’t agree, as long as you meet legal requirements.
A: Ahead of filing for a divorce, you should make a schedule of all your assets, capital and investments including bank accounts, properties, pensions, artwork, jewellery, and vehicles. All liabilities, income and expenditure should be logged and supported by documentary evidence.
A: Yes, there is a legal requirement to provide full and frank financial disclosure and one can be held in contempt of court for failing to disclose all assets.
Divorce is rarely simple, but with the right legal expert, you can feel confident knowing that the legal challenges ahead can be addressed efficiently and with the utmost care. At Taylor Rose, we aim to provide clear, practical advice and representation, helping you navigate your divorce with as much ease as possible.
If you’re in need of advice or assistance with your divorce, please don’t hesitate to contact us. We are here to help you understand your options, reduce the stress of the process, and ensure your rights are protected every step of the way.
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