Divorce FAQs UK

Divorce FAQs UK

Are you looking to divorce your partner? Do you have some questions about the process and need clarification? In the UK, there is no shortage of solicitors who can provide you with a divorce, but the process can be tough to navigate even with the best divorce solicitors in Guildford. Here, some common questions about obtaining a divorce in the UK are explored.

How do I divorce my partner?

Divorce in the UK can be divided into 3 separate elements:

  • The divorce or end of the marriage
  • Agreeing on the financial arrangements, dividing of assets and any child care requirements
  • Discussing maintenance costs for children. 

To start the process, however, you will first need to seek the guidance of a trained divorce or family solicitor, who will aim to get the paperwork drawn up and may attempt reconciliation between you and your partner. If this fails, negotiation is attempted related to assets and children. 

This is standard in the UK as it frees up divorce courts and saves on fees and time.

Do I still need to prove the divorce?

In 2022, a no-fault divorce will hopefully come into effect in the UK, meaning that nobody will be held responsible for a marriage ending. 

At the current time, there are requirements and to divorce, you must file for one of them. These include the following reasons:

  • Adultery- if you or your partner has been cheating with somebody else or engaging in a sexual relationship outside of marriage
  • Unreasonable behaviour- this includes drug taking, drunkenness, abuse, threats or other kinds of illegal behaviour towards the partner or any children
  • Desertion- if your spouse has left you without good reason, this can be terms for divorce provided that it occurred within the last 30 months and that the term of absence equates to 24 months
  • Living apart for more than 2 years- you will need to obtain their agreement, but if you and your former partner have been living apart for more than 2 years, you can file for divorce 
  • Living apart for more than 5 years- you will not need to obtain their agreement, but if you have been living apart for 5 or more years, you can file for a divorce. 

Will we need mediation?

If you have separated on amicable terms, then it is unlikely that you will need mediation. 

This means that when you meet with your solicitors, that you have agreed to everything from asset division to child access. 

If you have not reached an agreement in these areas, then your solicitors will attempt to mediate and resolve these issues. 

Can my spouse refuse a divorce?

Yes, they can, provided that they have not lived apart from you for 5 years or more. 

In this instance, the case will need to go into court, where a judge will need to decide if the evidence for the divorce is warranted or not. 

I’ve changed my mind; can I stop the divorce procedure?

Yes, you can, simply alert your solicitor and the process will be stopped. 

But you may still have some solicitor’s fees to pay!

Leave a Reply

Your email address will not be published. Required fields are marked *