At PDA Law, we understand that divorce can be an emotional process, particularly when children and finances are involved. Our divorce lawyers are here to provide you with legal advice and support throughout the process, and will work with you to settle your divorce in an empathetic and effective manner.
Our team of family solicitors has a wealth of experience in divorce law, so you can rest assured you will receive the highest level of service and expertise from us.
If you need expert legal advice or have any questions about your divorce, our solicitors are on hand to talk to you. Simply call us for a free no obligation consultation on 01244 373 373 or complete our online contact form.
Financial settlement in divorce
The outcome of a financial settlement should be fair for both parties, but the negotiation process can sometimes prove difficult.
The division of all assets should be divided fairly, including:
- future earnings
Typically, behaviour during a marriage does not affect how your assets are divided up. For instance, if your partner committed adultery, this should not change the amount negotiated in your financial settlement.
There is no set rule for how your assets are split during a divorce, and this can all depend on the circumstances of both individuals. For example, was there a prenuptial agreement? Which spouse has custody over the children? In general, the division of assets will allow enough financial support for both parties to move forward with their lives.
For the most part, however, the process of splitting assets is generally straightforward. Both parties enter a negotiation until an agreement is reached. Difficulties tend to arise when assets are hidden or the value of an asset is disputed.
What will happen to my children?
If you are a parent going through a divorce, the welfare of your children will likely be one of your biggest concerns. No parent wants their divorce to affect their children’s lives too much, particularly if you are fighting over custody. Our aim is to prepare you to deal with any challenges you may face, ensuring the process is as smooth as possible for you and your family.
To find out more information on divorce and your children, visit our Child Law page.
What is the difference between divorce and legal separation?
A divorce is a legal agreement signalling that your marriage is over. This is a permanent measure that is recognised by the courts.
A legal separation is an agreement that a couple are no longer living together, but are still married. To find out more, visit our Separation Agreement page.
Do I need to prove anything in order to get a divorce?
To get a divorce, you will need to prove that the marriage has broken down after one or more of the following:
- unreasonable behaviour
- desertion for two years or more
- an agreement to divorce after two years of separation
- five years of separation
It is a common misconception, however, that ‘irreconcilable differences’ is an accepted grounds for divorce in England and Wales.
What counts as ‘unreasonable behaviour’?
You can divorce based on the grounds of unreasonable behaviour if your spouse has acted in such a way that you cannot reasonably be expected to live with them anymore.
This behaviour includes:
- verbal abuse
- sexual abuse
- alcohol or drug related behaviour
- disrespectful behaviour
Unreasonable behaviour, along with adultery, are the only grounds that can result in an ‘instant divorce’. The other grounds for divorce require a certain amount of time to have elapsed before the process can begin.
How long do I need to be married before I can get a divorce?
You will need to be married for 12 months before the courts will allow you to divorce.
How long will my divorce take?
If you and your spouse are in agreement over issues such as financial division and child custody, your divorce should take around four to six months. However, if you are in disagreement over key issues, or the grounds for your divorce are not simple, the process could take one to two years, perhaps even longer.
What is the divorce process like?
A divorce usually happens in three stages:
- Legally ending the marriage
- Agreement on how financial assets are to be split
- Arranging custody for any children
Before this process, you should meet with your lawyer who will talk you through what you need to know and answer any questions you have.
How can I get in touch with a divorce solicitor?
We have a team of specialist divorce solicitors who are here to help you. If you are starting the process of a divorce and want some advice, call us for a free no obligation consultation on 01244 373 373 or simply fill in our online contact form.