Frequently asked questions about divorce proceedings and financial settlements
Q. How much does a divorce cost?
A. All solicitors charge on the basis of hourly rates; more senior solicitors/partners have a higher hourly rate than younger assistant solicitors. We have the largest team of specialist family lawyers outside of London.
If your divorce is straightforward and if there are no significant issues in respect of arrangements for children or over finances, then the costs will not be significant. Most, if not all, of your divorce can be handled by an assistant at a lower hourly rate.
By contrast, if there are larger sums in dispute, then it may be appropriate for your divorce to be handled by a partner. It may also be necessary to instruct experts such as surveyors to value properties or an accountant to value interest in businesses.
At our first meeting we should be able to provide you with an accurate range of costs estimates based upon your own individual circumstances.
Q. How long will a divorce take?
A. This depends upon how quickly everything can be agreed. As a rule of thumb, many divorces take approximately 12 months to be completed. That is often either due to the court timetable, or the time it will take to agree a financial settlement.
By contrast, if everything is agreed at the outset, then on occasions it is possible to conclude a divorce within four to six months.
Q. What are the grounds for divorce?
A. Please see the grounds for divorce section of our website. This section also deals with divorce procedure from beginning to end.
Q What happens to children on divorce or separation?
A. For detailed information, please see our section on children matters.
Most couples are able to agree arrangements for children with the assistance of experience family lawyers. In very few divorces or separations is it necessary for the family courts to become involved.
In most marriages or relationships, the children are often mainly cared for by their mother prior to separation. If that is the case, then it is likely that the children will continue to live with their mother, but will see their father on a regular basis.
Where there has been a shared care arrangement before separation, parents often agree that such an arrangement should continue with children spending a significant amount of time with both parents.
Q. Is it true that everything is always divided 50/50 on divorce?
A. For detailed information, please see our financial settlements on divorce section.
Since the law changed in 2000, in every divorce it is necessary to consider whether an equal division of the assets is approximate; however, that does not mean that assets are always divided 50/50.
An equal division of the assets may well be appropriate after a long marriage and where one half of the assets is sufficient to meet the needs of both the husband and the wife.
By contrast, a 50/50 division of the assets would not be appropriate in the following circumstances:
- after a short marriage, particularly where one person owns significant assets before the marriage. In such cases, claims on divorce may be decided largely by reference to needs
- where there are limited assets and where one person needs the majority of those assets to meet their housing needs and those of the children of the family. In such circumstances, claims upon divorce may be determined by reference to the needs of the children
- where a significant part of the assets of the marriage comprise an interest in a business. In such circumstances it might not be possible to raise a lump sum to achieve equality
Q. What if my husband/wife tries to hide assets before our divorce?
A. If the divorce is being dealt with through the court process, then the family court has extensive powers to order the production of financial information. We have extensive experience of tracing assets both in this country and abroad within the court process.
If there is sufficient evidence to suggest that your spouse has hidden assets, then the court may make a more favourable financial settlement in your favour.
Where one person has transferred assets to another person (for example your husband has transferred shares in his business to his brother), then the court can make an injunction order returning that asset to the "matrimonial pot".
The court also has extensive powers to freeze assets if there is evidence that they are going to be hidden or disposed of with a view to defeating claims on divorce.
Q. What is the legal status of civil partnerships?
A. Please see our section on civil partnerships for more detailed information.
Civil partnerships are 'gay marriage' in all but name. Only same-sex couples can enter into civil partnerships but they bring about the same legal rights and responsibilities as marriage between heterosexual couples.
Q. What is the legal status of common law marriage?
A. The idea of common law marriage is a myth. No automatic legal rights arise between cohabiting couples who live together.
For more information on the legal status of unmarried couples, please see the section on cohabitation.
Q. What is the legal status of pre-nuptial agreements?
A. The law on pre-nuptial agreements is changing rapidly. For more information, please see our section on pre-nuptial agreements.
Up until approximately 10 years ago, the view of pre-nuptial agreements was that they were 'not worth the paper they are written on', although courts have been increasingly taking them into account in divorces where they have been properly drawn up and meet certain safeguards.
The Law Commission is considering the status of pre-nuptial agreements at present and it is possible that they may become binding in the foreseeable future. In the meantime, clients should be advised to have pre-nuptial agreements ratified by way of a post-nuptial agreement which is entered into after the marriage. Following on from a recent leading divorce case, it can be extremely difficult to challenge or re-open properly drawn up post-nuptial agreements.
To arrange a discussion with a family law solicitor click here or call us on 0800 840 4929. We are available to take your call twenty four hours a day, seven days a week.
