It is a sad fact that January is one of the busiest times for divorce lawyers up and down the country.

Often married couples who have agreed to separate, particularly those with children, wish to get through one last Christmas as a family before taking that next step.

Christmas is a busy time and understandably the last thing on anyone’s to-do-list is to find out how does a divorce work and how are we going to begin to sort out our finances? Followed by, how are we going to tell the children and who will have them when?

This blog is designed to answer some preliminary questions if you have decided that there is no prospect of reconciling with your spouse and that you wish to seek advice on divorce in the New Year.

Divorce

There is only one ground for divorce, and that is that the marriage has irretrievably broken down.  A new law brought in in 2022, which was aimed at reducing conflict in divorce, means that separating couples must no longer give further reasons or apportion blame to one party to apply for a divorce. The new law also made it possible for separating couples to make a joint application for divorce should they wish.

An application for divorce is now made online via HMCTS.  You can expect the divorce process alone to take around 7 months to conclude from start to finish.

To save themselves some money some opt to make their own divorce application.  However, if there is a problem down the line it may cost more money to rectify it than if you were to instruct a lawyer in the first place.  Do therefore bear in mind that, if you instruct a family lawyer from the outset, they will do all the work for you; they are experts in dealing with divorce and you will have advice and support available to you in relation to other matters that arise on divorce.

Finances

Upon separation, spouses have a duty to provide each other with full disclosure of their financial position.  That means you must provide documentary evidence of your income, outgoings, property, assets, liabilities, capital and pensions.  There is no set formula as to how assets are divided on divorce, and each marriage will be different and considered on its own circumstances.  Several factors will need to be considered when looking at who should get what, which are all set out at Section 25 of the Matrimonial Causes Act 1973.

It is important to get sound legal advice from the beginning in relation to financial matters.  Finances should be resolved as part of the divorce proceedings and not left to be dealt with in years to come.

In 2016, the Supreme Court made it very clear to Mr Vince, a self-made millionaire after divorce, that even though he had been divorced from Ms Wyatt in 1992 there was no law preventing Ms Wyatt from bringing an application for financial relief against him some two decades later.

There are other ways in which you can try and come to an agreement, such as through Mediation.  Mediation is designed to assist couples in reaching an agreement without the need for court action. It is now compulsory in most circumstances that you try mediation before you make an application to the Court for financial relief.

Children

It is in the child’s best interests to have an ongoing relationship with both parents after separation, if it is safe to do so.  Parents have a duty to promote and encourage the children to see and spend time with the other parent upon separation.  As parents, agreeing a routine of arrangements very early on is imperative, unless of course there is a genuine risk to a child’s welfare.  You should always take legal advice in relation to arrangements for children if there is a dispute.  Children need stability and security to thrive.  Remember that separation is a very difficult time for the children as well as the parent and they will often seek reassurance that they will still be able to spend time with both parents.

Again, a referral can be made to a local Mediation Service to try and resolve any dispute before making an application to the Court.  Court proceedings should always be a last resort.

Practical arrangements

Often people worry about who should and will pay the mortgage/rent and utility bills upon separation.  They worry about how they will manage financially to support any children of the family.  All these questions can be explored with a lawyer upon having considered your individual circumstances.

There are other matters to consider too, such as, you remain married until the Final Order of Divorce.  It is therefore important you consider making a new Will. It is important to plan for the unexpected.

At Farleys, we have a team of specialist lawyers who can offer advice at a case management meeting tailored to your circumstances, providing you afterwards with a written case plan.

Contact us now or in the New Year at your convenience for any advice needed. Call us on 0845 287 0939 or complete our online enquiry form.