Q. I want a divorce. Where do I start?
A. Firstly, you need to appoint a solicitor to handle this matter on your behalf.
There are a number of specific legal steps to follow. In order to be able to get a divorce you must have been married for at least one year and show that your marriage has broken down irretrievably. You can demonstrate irretrievable breakdown in one of five ways:
- Adultery (i.e an extra marital affair during the marriage)
- Unreasonable behaviour (i.e the behaviour of your spouse means that you cannot reasonably live together)
- If your spouse has deserted you for or at least two years
- If you have been living apart for two years and your spouse will consent to the divorce
- If you have lived apart for five years
Q. How long will it take for my divorce to come through?
A. The divorce should take approximately take 4-6 months from start of proceedings to the end if your partner co-operates. Agreeing the finances and children through Court often takes much longer, for example on average, 12 – 18 months for finances and 12 months for children matters. We suggest you use an alternative method to Court such as mediation, which can save you time and money.
Q. Do I have to go to court?
A. You will need to go to Court if you and your spouse cannot agree about arrangements for the children or about the split of finances and property. These matters are usually heard by a District Judge in a smaller private room rather than a large Court room.
If your divorce is undefended, the financial settlement is agreed through negotiation and there are no children issues, you will not need to go to court.
Couples are encouraged to use mediation as a way to agree divorce settlements as this is usually cheaper and quicker than going through the court process. It also means you can tailor make your settlement to suit your circumstances and maintain a high level of control over the final outcome, subject to the agreement being fair and reasonable.
Q. How do I keep on top of costs?
A. During the initial interview we will provide you with costs estimates. After our initial appointment we will send you a written estimate of the costs involved. Throughout your case, we will provide regular costs updates and estimates on further costs to be incurred.
If you would like to speak an expert regarding divorce, please send us a message using our enquiry form >>>
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