Do you have some questions about your divorce? 5 FAQs about divorce in the UK answered
When your relationship with your partner has run its course and you are about to divorce, it can be a very emotive time.
On the one hand, you may be amicably agreeing to separate after an unhappy marriage or, alternatively, you may have had this sprung upon you and are therefore understandably angry.
All reasons aside, divorce is a trying time and therefore, it would be wise to invest in a professional to help you through the process.
But, of course, whether it is amicable or not, the first thing you are likely to have is questions; will this be expensive? Does my former partner have the legal right to divorce me? What will happen to our children?
While many divorce-related questions are subjective to each individual separation case, there are a few that are a bit more straightforward. To save you time with the process, the questions that family solicitors in Portsmouth are asked regularly have been answered below.
How long will a divorce take?
In the UK, if a divorce is uncontested, then family solicitors near Portsmouth will typically be able to help you get through one in as little as 6-8 months.
However, as stated before, this is if it is uncontested; if you are divorcing your partner, they have every legal right to challenge the claims for divorce and this will make the process a lot longer.
Will we have to go through divorce court?
If you and your former partner have agreed to amicably divide shared assets or are happy to stick to the agreements in a prenuptial document, then you will not have to go to court. However, you will still require the assistance of family solicitors from Portsmouth to ensure that this process is without legal oversight.
My partner is divorcing me. Can they legally do that?
In the UK, the grounds for divorce include adultery, unreasonable behaviour, desertion or if you have been separated for 2 years.
Be aware that if you have been married for under 2 years, your partner can only divorce you on the basis of adultery, unreasonable behaviour or desertion. If you have been separated for more than 5 years, your former partner can divorce you legally and you will be unable to contest the proceedings.
As you can see, some of these are fairly vague or tough to define and so, it is always wise to seek legal representation if your partner decides to divorce you abruptly.
We agreed on a financial arrangement but my spouse is now backing out; can I do anything?
Unless you and your former partner have had such an arrangement drawn up by a legal professional, then, unfortunately, they are able to change their mind without legal repercussions.
Will I be able to see my kids?
You have a legal right to see your children after a divorce. If your former partner is preventing you from seeing your children, you can take them to the family court to obtain a Supervision Order.