Frequently Asked Questions
How long does a divorce take?
Despite what we read in the Press, there is no such thing as a “quickie divorce” in our country. The divorce law changed recently so that divorce applications are now made online by way of a sole or joint application. There is a no-fault system and a 20-week period between the date that your petition is lodged with the Court online and the date on which you can apply for the Conditional Order for divorce. Unless there is a particular reason to obtain the Final Order, I usually advise clients that they should not apply for the Final Order for divorce until the financial matters have been resolved between them and their spouse. What this means is that the divorce would normally take at least 26 weeks from start to finish, but in practice most take longer.
When to file for divorce?
Since no fault divorce was introduced in April 2022, people can file for a divorce if their marriage has broken down irretrievably. There is no longer a requirement to show fault or blame.
How do I find hidden assets during divorce proceedings?
During the normal process, financial information must be exchanged. There is a duty on both parties to provide full and frank financial disclosure. Normally, a comprehensive document (Form E) will be completed by both parties and mutually exchanged. Once this financial disclosure has been exchanged, there is usually an opportunity for the parties to raise further questions. If a settlement is reached, and it is subsequently discovered that there are other assets, this may be a reason for the Court to set aside the settlement agreement.
What are some of the things I should consider before selecting my divorce solicitor?
How experienced is the solicitor.
Have they dealt with cases that involve similar circumstances to your own.
How will they ensure you are updated on a regular basis and how available will the partner with conduct of your case be?
Do you feel a personal rapport with your perspective solicitor.
What should you do if you are running out of money for living expenses and your legal costs?
Your solicitor should talk through possible solutions with you, which include making an application for maintenance pending suit or interim maintenance, together with an order that your spouse pays for your reasonable legal costs. I always ask my clients to prepare a detailed budget so that they are aware of what they need.
What should you do if you believe that your spouse will get rid of assets or give them away?
If you have proof that your spouse is about to give away their assets, either by moving them to other people or offshore, it may be possible for us to obtain a freezing order or injunction to stop this from happening.
What should I do if my spouse is stopping me from seeing our children?
The first point of call is always to try and establish whether arrangements can be agreed between the parents before approaching the Court. I can explore this with you and bring an application to Court (if agreement does not seem possible) to ensure that the arrangements for your children are properly considered, with their welfare at the heart of those discussions and proceedings.
Should I leave the family home before our divorce is finalised?
This will depend very much on your circumstances, which will be discussed at our first meeting. Sometimes it is better for one party to leave the home to ensure that matters remain calm but, you should always get advice from your solicitor before making a major decision. If there is abuse, then your solicitor can help in obtaining orders from the Court preventing your spouse from being abusive towards you whilst you remain in the home.
