Divorce Fact Sheet: Top Five Frequently Asked Questions
Time and time again our family lawyers are asked the same questions. We decided to take our top 5 frequently asked questions about divorce and answer them in this interesting fact sheet.
A celebrity gets a ‘quickie divorce’ why can’t I?
It is not possible for any separated couple, famous or otherwise, to obtain a divorce within the first year of marriage. After that, the procedure for all divorces is much the same. There is no fast track or ‘quickie’ way to divorce and you cannot pay extra to obtain a Final Order in divorce more quickly. The media often report on how celebrities have obtained a ‘quickie’ divorce however, this is usually because they report at Conditional Order stage, and what they fail to report is that the couple will need to wait another six weeks before obtaining a Final Order in divorce.
There is a minimum waiting period of 20 weeks between the application for divorce being issued and being able to apply for Conditional Order. A Condition Order is only the first divorce order you will receive and your divorce a not final until a Final Order is made. An application for a Final Order is sometimes delayed if the couple has not agreed financial settlement by the time the Final Order can be applied for. This is because it is often advisable not to bring the marriage bond until the financial bond is brought to an end by entering into a financial Consent Order. This is particularly the case where pensions are involved.
I want my husband/wife out of the house, can I change the locks?
If a property is jointly owned and has been the shared home during the marriage or civil partnership, then you do not have a right to change the locks without the consent of your spouse, whether the property is rented or owned. This is because you both have a legal right to be in the home and one spouse cannot exclude the other unless a court has ordered it. If there is a risk of domestic violence or abuse then an application can be made to the court for an ‘Occupation Order’ which if granted, will exclude one spouse from the home.
If I inherit money from my parents, surely my spouse doesn’t have a claim against it?
The answer to this question is not straightforward. Property that is gifted or inherited from third parties during the marriage is not automatically matrimonial money to which the sharing principle applies. However, if the nature of the gifted item or inheritance changes during the course of the marriage, then your spouse may have a claim against it. For example, if you inherit money and invest it into the matrimonial home or use it to purchase a car etc… then this could change its status from non-matrimonial to matrimonial. It can sometimes be argued that the source of funds should be factored in when dividing the matrimonial property due to it being an unmatched financial contribution made by one party. Therefore speaking to a solicitor at an early stage can help you make sure that you are well informed about the strengths and weaknesses of your case.
My spouse caused the split, so will they get less money from our financial settlement?
The simple answer to this is no, not automatically. The court does not concern itself with punishing one party for their behaviour which led to the breakdown of the marriage. Instead the court will look for a fair and reasonable financial settlement that meets both parties’ needs. This can often seem unfair to the spouse who did not choose to separate, however what is considered fair to the court can often be very different to what is considered fair by the parties.
Is it going to cost me a fortune to get divorced?
This very much depends on the parties. Most solicitors will encourage settlement and actively try and negotiate settlement either themselves or following a referral to Mediation. Very often Mediation can resolve any disputes over financial matters more quickly and at less expense than a court hearing.
Progression Solicitors also have fixed fees available for divorcing couples with not only fixed fee appointments being available but also we offer a fixed fee divorce and a fixed fee for drafting an agreed financial consent order. If you would like advice about our fixed fees this can be found on our website… link here!
The content of this article does not constitute legal advice and should not be relied upon. Content may be subject to change and we accept no liability for individuals relying on the information within this article. Contact a member of our team for legal advice tailored to your individual needs.
