Date published: 10th January 2020

Thinking about divorce can be a very confusing time, but we're here to answer the most common questions about how divorce works.

How do I start a divorce?

You can start a divorce as long as you have been married for at least one year.  A divorce petition is prepared, submitted to the court and then the other party receives an acknowledgement form.  The next stage is decree nisi, which is the first decree within divorce proceedings which basically means a ‘certificate of nearly there’.  You must wait six weeks and one day before applying for the decree absolute, the final certificate within divorce proceedings.  Once this is granted by the court the marriage is officially dissolved.

Do I need a lawyer?

Theoretically, no.  But family proceedings can be difficult, stressful and emotional and it can be hard to represent yourself.

Lawyer’s fees are naturally a worry, but the risk is that in saving legal costs, you may lose out in the long run.  Talk to your solicitor about costs at the outset.  You should make sure that your lawyer is a specialist in family cases and preferably a member of Resolution and/or collaborative law panels.

What am I entitled to?

The court can make a wide range of financial orders both for the parties and the children.

No two cases are ever the same and a 50/50 split is not always appropriate.  It is also important to see what is financially at stake, to check that all of the assets and income have been disclosed and that valuations are accurate.

When considering the financial issues, the courts are guided by a number of factors including:

  • the income, earning capacity, property and other financial resources which either of the parties to the marriage has or is likely to have in the foreseeable future
  • the financial needs, obligations and responsibilities
  • standard of living
  • the age of each party and the length of the marriage
  • the health of each party
  • contributions (financial and non-financial)
  • conduct
  • loss of pension rights.

It is important that specialist legal advice is obtained to consider these points so that the financial outcome is both fair and reasonable.

If you would like to talk to one of our specialist family law advisers, please call us on 0151 342 6273, request a callback at your convenience or message us your enquiry.