We recently wrote some editorial for September’s Lutterworth & District Journal (page 5) on the most commonly asked questions when getting a divorce. Widely acknowledged as one of the most stressful experiences, we can guide you through the divorce process and offer sympathetic, constructive advice…
My spouse and I want to divorce, where do we start?
There are normally three primary areas requiring consideration in a divorce: the dissolution of the marriage (the divorce); the severance of financial ties; and the future care of any children. Each of these areas is explained and managed by your solicitor.
How long will a divorce take?
Assuming all parties deal with matters in a timely fashion, typically between 3-6 months. The final dissolution of the marriage (Decree Absolute) is often only applied for once financial issues have been dealt with by way of an appropriate agreement (Court Order) so if these negotiations become protracted, the process can take longer.
There are children involved, what arrangements can we make?
All divorcing couples should endeavour to deal with matters amicably, recognising the parental involvement presumption in the Children & Families Act 2014, that the future welfare of a child benefits from involvement of both parents. In the event of a dispute, specialist advice should be sought.
Will my divorce involve selling the family home?
This depends on personal circumstances and if other assets are available. If the family home includes children, the Courts will aim to disrupt their lives as little as possible, so if finances allow, keeping the home may be the best option. If not, all parties should try to ensure both parents have suitable accommodation where children can live or stay.
What happens if I want to remarry?
You can remarry as soon as your Decree Absolute is granted, however solicitors will always recommend applying for the Absolute only once all financial settlements have been agreed and detailed in a Court Order as you could otherwise lose the right to make financial claims.
The specialist family law team at Headleys has extensive experience in resolving disputes in a non-confrontational manner and Rod Stephenson is a member of Resolution. To arrange a FREE, no obligation appointment, please contact 01455 554466.
