What you need to know about getting divorced

There is one legal ground for divorce, which is that the marriage has irretrievably broken down. The person who starts proceedings, (called the Petitioner) must prove that the marriage has irretrievably broken down by establishing one of the following facts:

Things to consider throughout the divorce process

The Court will return any forms or applications which are completed incorrectly. This can be incredibly frustrating if you have already been waiting weeks for a response. It can be overwhelming to complete complicated forms such as the Financial Disclosure form or divorce petition without expert legal help as you may not understand a lot of the legal jargon used in these documents. The Court is unlikely to progress a divorce without receiving all of the relevant information in the correct format. Going to Court to let a Judge make a decision over your divorce financial settlement is often an emotionally and financially draining process. It’s in both partners interests to reach an agreement about the divorce and financial arrangements without having to go to Court.

If you don’t have a solicitor but your former partner does, the proposals laid out won’t necessarily be in your best interests. A spouse may attempt to hide assets if they don’t want to share them with the petitioner. If they don’t fully disclose their financial assets, an unfair settlement offer may be made which doesn’t fully reflect all you are entitled to.

It is often the case that a separating couple simply cannot see eye to eye. You can get stuck in the loop of arguing rather than resolving your financial ties sensibly. Hiring a solicitor can break the deadlock. Often, receipt of a legal letter is all it takes to get things moving after months of being ignored.

It is usually better if parents can agree on child maintenance and arrangements together directly. However, sometimes there can be disagreements about certain issues, which make it hard to come to an agreement. In these instances, some parents benefit from a solicitor negotiating on their behalf, or from an out of court process such as mediation.

A crucial aspect of divorce settlements involves separating joint assets and finances, including decisions about whether one partner will continue to live in the family home after divorce – or whether the home will be sold and the profits from the sale shared out between the couple and any other family members who might have an interest in the property.

When a couple has been together for a considerable amount of time, the chances are that they rely on each other financially in some way or another. Therefore, planning for the immediate impact of the separation is a smart move, you’ll want to plan how to structure your finances over the coming few years. A couple may also have savings that they have both contributed to, this can also cause a dispute in divorce proceedings. Pensions can also cause disputes as pensions are divided according to your unique circumstances and can depend on how long you have been married and your respective ages.

It is not a legal requirement to hire a Solicitor, even if your spouse has one. However, it is highly advisable to get legal advice and to have representation throughout the divorce and financial settlement process.

If you have made the difficult decision to separate from your spouse, our team of expert family solicitors are here to help you through the process. We understand that divorce is a stressful and emotional experience, and we are here to help you with that as much as we can. For more information, or to get started, visit our Divorce page or call 023 8023 4433

Disclaimer: Information on this webpage is not intended for legal purposes or advice. If you require legal advice or services you should seek a professional legal practitioner.