how much will it cost?
It all depends on what is involved. Many solicitors charge by the hour and your costs will depend on how much time is spent on your case. You can reduce your costs by communicating with your partner and trying to agree as much as possible so your solicitors don’t have to enter into lengthy correspondence.
how long will it take to get a divorce?
A simple, uncontested divorce can take between 4 to 6 months to complete but this can take longer whilst issues relating to finances or children are resolved.
will I have to go to court?
If you and your partner are in agreement about all issues then it is extremely unlikely that you will have to go to court.
will the children have to be involved?
No, not as far as attending court is concerned if you and your partner are in agreement about arrangements for the children. If either of you make an application to the court the court’s children and family officer may become involved and may wish to speak with the children. Depending on the ages of the children it may be a good idea to talk with them regarding the separation and arrangements. There are confidential support services available for children to contact.
what am I entitled to, financially?
That will all depend on certain factors and your own particular circumstances, as well as the circumstances of your spouse/partner.
how do I get a no blame quickie divorce?
There is no such thing. If you want to divorce without apportioning blame then you will have to be separated for 2 years if your spouse will consent to a divorce or 5 years if they will not consent. To get divorced without having to wait 2 or 5 years the facts of adultery or unreasonable behaviour are most commonly cited.
can my wife and I come and see you together?
No, because technically a conflict of interest could arise and this might compromise our professional obligations to you.
my wife says that she is going to take me to the cleaners because I have had an affair - can she do that?
The court can take conduct into account when deciding how to apportion the finances but only where the conduct is extreme or has a significant impact on the finances of the family.
i am a common law wife. Does that mean I’ll get half of my partners assets?
There is no such thing as a common law wife or husband. Whether or not a cohabitee has acquired rights is complicated and will depend on all the circumstances of your individual case.
will I get legal aid?
That will depend on your financial circumstances and the type of case you are involved in. For virtually all civil cases, legal aid, now called Public Funding, is means tested and so your income and capital will be relevant. The Legal Services Commission’s website has a calculator to help you work out if you might be eligible. You will find the link on the useful links page. As well as qualifying financially it is now a requirement that you need to prove that domestic violence has occurred to be eligible.
i have a bank account with savings in that my husband does not know about - does he have to find out about it?
Yes, during the process of sorting out the finances both parties have a duty to fully disclose to each other, and to the court, all their assets and relevant circumstances.
everyone is different
Remember that each case is different so the information given may not be right for you - please read the disclaimer page. If you would like to arrange a free initial consultation please contact us.