Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon
Thinking about getting Divorced. What happens next?
Monday, 13 March 2006 14:58
Divorce can be a very traumatic time not only for the couple in the relationship but for other family members as well. For most people, it's a shock when a relationship breaks down, and even if you've known for some time that things aren't working out, the final decision to part will stay with you for a long time. On top of the emotional turmoil that accompanies the end of a relationship, there are so many things to think about: the children, financial matters, where to live, legalities etc. But, if both parties feel that the marriage is truly over, the mechanics of obtaining a divorce are quite straightforward.
Divorce can be a very traumatic time not only for the couple in the relationship but for other family members as well. For most people, it's a shock when a relationship breaks down, and even if you've known for some time that things aren't working out, the final decision to part will stay with you for a long time. On top of the emotional turmoil that accompanies the end of a relationship, there are so many things to think about: the children, financial matters, where to live, legalities etc. But, if both parties feel that the marriage is truly over, the mechanics of obtaining a divorce are quite straightforward.
Do you need a solicitor to get divorced?
You can arrange a 'do-it-yourself' divorce, but it is not a good idea unless you are good at paperwork, good at figures, and your situation is very straightforward. It is a good idea to get specialist advice from a solicitor if:
- You have children;
- You've been married for more than a short time (say, one year); or
- You have any assets
Can you avoid going to court?
If you both agree to a divorce, there is no need to go to court, although you have to use the courts to get a divorce itself. Mediation can also help you avoid going to court, can save you money in the long run, and can sometimes be paid for by legal aid.
How much will a divorce cost?
It depends on how complicated your case is and whether you are eligible for public funding. If you are the person wanting the divorce there are court fees to pay unless you are specially exempted and there are strict eligibility guidelines laid down by the government that will determine this.
How long does it take?
Most divorces take six to eight months but this can vary depending how quickly you both deal with the paperwork and how amicable the split. Sorting out the money can take much longer than this. You can get your Decree Absolute and be free to remarry, but still not have a financial settlement, however it is not advisable to do this and you should have all the finances resolved and put into a final Court Order before obtaining a Decree Absolute.
What makes you eligible for divorce?
- You have been married for at least one year.
- You can prove that your marriage has irretrievably broken down by proving one of the following:
- Your spouse has committed adultery.
- Your spouse has behaved in such a way that it would be unreasonable to expect you to go on living together.
- Your spouse has deserted you for a continuous period of two years.
- You and your spouse have lived apart for two years or more and your spouse consents.
- You and your spouse have lived apart for five years or more whether or not your spouse consents.
Other things to consider.
The children - What you tell your children will depend on their ages, but they should be encouraged to ask as many questions as they need and you should be as open and honest as possible. Sharing your feelings will help them make sense of their own emotions.
Money and property - Decisions need to be made about who lives where, who gets what assets and how you will survive and manage your finances on less income.
Friends and family - Telling those closest to you will be very hard, but maintaining friendships and relationships with in-laws is important.
Call us now on 01392 421777 for free initial advice.
