In 2021, no doubt following on from the pandemic and lockdown, the rate of divorce meant that in every 10 marriages, 3 will end in divorce.
To clarify, divorce is the term used to define the end of a marital union and involves separating from your former spouse in name, current and future assets, as well as other areas such as debts and other obligations.
However, if you and your partner are looking to begin the divorce process, you will likely have some questions. In this article, 5 of the most commonly searched questions related to divorce, specifically in the UK, are answered.
How Long Do You Need To Be Married Before You Can Divorce?
To divorce in the UK, you need to have been married for a minimum of 12 months.
You can separate before this deadline, but even with the ‘no-faults’ divorce, which came into action in the UK in 2022, you still need this deadline at a minimum to divorce. If you are looking to begin the divorce process, you will need the help of a family solicitor and should contact an experienced team like Simon Law to help you.
What Are The Grounds For Divorce?
As the name states, in the UK, from April 2022, you can divorce your partner in a no-fault divorce process. This means that, in essence, you have simply grown apart and no longer love each other.
However, you can still divorce your partner based on certain reasons, such as adultery, inappropriate behavior, or if you have been living apart for 2 years, or you were deserted and have not heard from them in around 5 years.
How Long Does Divorce Take?
A straightforward divorce can take between 4-6 months.
But, if you and your partner are not parting on amicable terms, then it can take a bit longer and will likely require multiple meetings to occur between you are your former spouse’s solicitor to discuss the assets and child access.
If there are divorces that are based around domestic abuse, these meetings are normally not required.
Is Mediation Required?
In most cases, yes, you and your former spouse will need to sit through mediation sessions, even if you are applying for a no-fault divorce.
These meetings will aim to get to the root cause of why you feel that you need to divorce and will aim around discuss finances and assets to reach a mutual agreement. If you have children together or own a home together, a resolution will likely be reached relating to these too.
Is Everything Divided 50/50?
In a word, no, it is exceedingly rare that in a divorce, everything is divided 50/50.
In most cases, you will get back what you paid for. If you jointly own a home but have children under the age of 18, the parent who has custody of the children for the majority of the time will get the house, but this is not a hard and fast rule. If you have signed a legally binding pre-nuptial or post-nuptial agreement, then you will receive exactly what was set down in these papers when you are divorcing.