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Frequently Asked Questions About Divorce
Divorce can be emotionally and legally complex, but understanding the process is the first step toward clarity and confidence. Our expert team at KLR Solicitors has answered some of the most common questions to help guide you through every stage.
What are the grounds for divorce in England and Wales?
As of April 6, 2022, England and Wales have implemented a no-fault divorce system. This means that the sole ground for divorce is that the marriage has irretrievably broken down, without the need to assign blame or cite specific reasons.
How long does the divorce process typically take?
The duration of the divorce process can vary depending on individual circumstances. On average, a straightforward divorce may take between 9 to 12 months from the filing of the application to the final order. However, factors such as disputes over finances or child arrangements can extend this timeframe.
What is the cost of filing for a divorce?
The court fee for filing a divorce application in England and Wales is £593. Additional costs may include solicitor fees and expenses related to resolving financial or child arrangements.
Can I get a divorce if we've been married for less than a year?
No, you must have been married for at least one year before you can apply for a divorce in England and Wales.
How are financial assets divided during a divorce?
The division of financial assets depends on various factors, including the length of the marriage, each party's financial needs, contributions to the marriage, and the welfare of any children involved. Courts aim for a fair distribution, but this doesn't always mean an equal split.
What arrangements are made for children after a divorce?
Decisions regarding child arrangments, living arrangements, and contact rights are made based on the best interests of the children. Parents are encouraged to reach amicable agreements, but if that's not possible, the court may intervene to decide.
Do I need to attend court for my divorce proceedings?
Not necessarily. If both parties agree on the divorce and its terms, the process can often be completed without attending court. However, if there are disputes, especially concerning finances or children, court appearances may be required.
Can I get a divorce if my spouse doesn't agree?
Yes, under the no-fault divorce system, one spouse can apply for a divorce without the other's consent. The application can proceed even if the other spouse disagrees.
How does divorce affect my will?
A divorce can have significant implications for your will. It's advisable to review and possibly update your will during or after the divorce process to ensure your assets are distributed according to your current wishes.
What is a 'no-fault' divorce?
A no-fault divorce allows couples to divorce without assigning blame to either party. It acknowledges that the marriage has irretrievably broken down without the need to provide specific reasons or evidence of wrongdoing.
