At Marlborough Law, we understand that considering divorce can be an overwhelming and emotional decision. To help you navigate this challenging time, we’ve compiled a list of frequently asked questions about divorce in the UK. Our goal is to provide you with clear, useful information while highlighting our commitment to supporting you through a non-confrontational approach focused on mediation.
1. What are the grounds for divorce in the UK?
In the UK, the sole ground for divorce is the irretrievable breakdown of the marriage. This can be proven by one of the following five facts:
• Adultery
• Unreasonable behaviour
• Desertion for at least two years
• Two years’ separation (with consent)
• Five years’ separation (without consent)
2. How long does the divorce process take?
The duration of the divorce process can vary. Typically, an uncontested divorce takes around 4 to 6 months from filing the petition to receiving the final order (previously known as the decree absolute). However, complexities such as disputes over finances or child arrangements can extend this timeframe.
3. What is the difference between a contested and uncontested divorce?
An uncontested divorce occurs when both parties agree on the divorce and its terms, making the process quicker and less stressful. A contested divorce, on the other hand, happens when one party disputes the divorce or its terms, often leading to court proceedings.
4. How can mediation help in the divorce process?
Mediation offers a less adversarial way to resolve disputes. It involves a neutral third party who helps the couple reach an agreement on various issues such as child arrangements and financial settlements. At Marlborough Law, we prioritise mediation to ensure that the process is as amicable and stress-free as possible, especially for any children involved.
5. What are the costs involved in getting a divorce?
The cost of a divorce can vary based on several factors, including legal fees, court fees, and whether the divorce is contested. At Marlborough Law, we offer transparent pricing and can provide a clear estimate of costs after an initial consultation. We aim to keep expenses reasonable and offer various payment options to suit your needs.
6. How are finances and property divided in a divorce?
The division of finances and property depends on several factors, including the length of the marriage, the needs of each party, and the contributions each has made. Courts aim for a fair distribution, but this does not always mean an equal split. Our solicitors can guide you through negotiations to reach a fair settlement.
7. What happens to our children after divorce?
Child arrangements are a crucial aspect of the divorce process. The primary concern is the children’s welfare. Courts prefer that parents reach an agreement amicably. If this isn’t possible, a Child Arrangements Order may be necessary. Marlborough Law is dedicated to ensuring that children’s needs are prioritised and that arrangements are made with their best interests in mind.
8. Can I change my name after divorce?
Yes, you can change your name after divorce. If you wish to revert to your maiden name, you can do so by providing your decree absolute to relevant institutions. If you prefer a different name change, a Deed Poll might be required.
9. Do I need a solicitor to get a divorce?
While it is possible to handle a divorce on your own, having a solicitor can significantly ease the process. A solicitor ensures that all legal procedures are correctly followed and can represent your interests, particularly in complex cases. Marlborough Law offers compassionate and professional legal support to guide you through each step of the divorce process.
10. How do I start the divorce process?
To start the divorce process, you need to file a divorce petition with the court. This can now be done online through the gov.uk website. At Marlborough Law, we can assist you in preparing and submitting your petition, ensuring that all necessary details are accurately included. Head to our Divorce Form page and let us know as much information as possible about your situation.
Why Choose Marlborough Law?
At Marlborough Law, we are committed to providing personalised and empathetic legal support. As a small, local firm, we offer:
• Approachability: We are always available to address your concerns and questions.
• Honesty: Transparent communication and pricing.
• Compassion: We understand the emotional challenges of divorce and offer support beyond legal advice.
• Respect: Your privacy and dignity are our priorities.
• Empathy: We strive to understand your unique situation and provide tailored solutions.
• Community: We are deeply connected to the local community and dedicated to serving our neighbours in Hungerford, Marlborough, Swindon, and Newbury.
If you have more questions or need legal support, please contact us at Marlborough Law. We’re here to help you through every step of the divorce process with care and expertise.
