When you and your present spouse are considering a legal separation, it is more than likely that you will have some questions.
In the UK, the divorce process is divided into 3 separate elements and, while you may be tempted to try and navigate them alone, due to their complexity it is not normally advisable. As there are a number of areas that need to be covered which may invoke emotion, such as children, financial assets and property, it is always best to have an impartial professional to help you manage the process.
At Prentice Family Law, our divorce solicitors in Weybridge can help you with every aspect of your divorce. From starting the proceedings to offering advice at every step, our team is dedicated to making this difficult process as simple as possible for you and your family.
Going back to the questions that you are likely to have; our team of divorce solicitors in Weybridge have answered 5 of the FAQs that surround divorce.
Do I need to prove anything to get a divorce?
In order to obtain a divorce in the UK, you need to show that your marriage has irretrievably broken down. To do this, you may be asked to prove one of the following scenarios; adultery, desertion (minimum of 2 years), unreasonable behaviour, 2 years separation and agreement to divorce from both parties or 5 years separation.
If you need help obtaining documentation, our divorce solicitors in Weybridge can advise you on where to begin.
How long do we need to have been married before I can get a divorce?
Under UK law, you and your spouse need to have been married for at least a minimum of 12 months before filing for divorce. If your marriage breaks down before this, it is advisable to separate and take notes or gather proof of reasons why the marriage broke down to make the divorce process easier.
What unreasonable behaviours are grounds for divorce?
Behaviours such as drug abuse, alcoholism, threats of violence, abuse or financial irresponsibility are all considered valid reasons under UK law to begin a divorce.
Of course, adultery is also considered an unreasonable behaviour, but may be much harder to prove in the divorce process. In this instance, seek advice from our team at Prentice Family Law about the steps you need to take.
How long does divorce take on average?
Assuming that the process is smooth from start to finish, a divorce in the UK can take between 4-6 months.
However, in cases where your former partner challenges the divorce, the process will extend and may take over a year to complete.
Do I have to go through court to get a divorce?
Generally, no, our team at Prentice Family Law will always try to settle divorces outside of court to save on fees and time.
In cases where your former partner is challenging the reasons for divorce, we may need to begin court proceedings. Courts may also be involved in cases involving abuse.