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Divorce - Common Questions Answered

When it comes to divorce, there are many questions that will naturally arise as you try to understand the process and what this may mean for you and your family. Some of the most common, and our answers are discussed.

“Do I have to wait two years to get a divorce?”

This is not necessarily the case. Where you have not been separated for two years or more, you can still divorce based on either your spouse’s unreasonable behaviour or adultery.
 However, after two years the divorce can proceed with the consent of your spouse.

You do need to have been married for at least one year before you can divorce. If this is not the case, you should seek legal advice about your options.

“My spouse is in a new relationship but we had already separated before their relationship began. Is that adultery?”

Yes, if your spouse has formed a sexual relationship whilst you remain married to them, this is adultery.

“If I admit the allegations within the divorce petition, will it affect how much I receive from the financial settlement, or how much time I get to spend with the children?”

It is very unusual for the allegations contained within the divorce petition to have an impact on financial matters as there is an extremely high threshold for the Court before it will take into account matters of conduct.

The arrangements for children are kept separate from the divorce and financial matters. The Court will not intervene in arrangements for children unless either parent makes an application to the Court.

“If I start the divorce, will I have to pay all the costs?”

Within the divorce petition there is the option to include a claim for costs. This only relates to costs incurred in the divorce proceedings. You can ask the Court to make an Order that your spouse pays these costs. Most people agree to split the costs between them and this can be done with the assistance of your solicitor when drafting the petition.

It is always recommended that you take specialist advice throughout divorce proceedings. Langleys can provide personal advice tailored to your circumstances. Please contact us if you would like a free initial appointment with one of our specialist family team.

Still have questions?

Find out more about divorce and separation here or get in touch to arrange a chat with a member of our friendly team.

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