Find A Supplier
More Videos On This Subjectdiagnosis
I'm Getting a Divorce | Tips From a Divorce Lawyer
Understanding Your Legal Options
Going through a divorce can be an overwhelming and complex process. In the UK, divorces are governed by the Matrimonial Causes Act 1973. It's essential to understand your legal rights and options. Consulting a specialist family lawyer can provide clarity on issues like property division, child custody, and spousal maintenance. A lawyer can help you navigate this emotionally and legally challenging time with expert advice and support.Communicate and Document Everything
Good communication is critical during a divorce. Ensure all communications with your spouse are respectful and to the point. Additionally, document every interaction and keep records of any agreements made. Written documentation could be invaluable should disputes arise during the divorce proceedings. Maintaining this documentation can provide a solid basis for your case in negotiations or court.Focus on Your Financial Health
One major aspect of divorce in the UK is the financial settlement. This involves dividing matrimonial assets fairly, which can include property, pensions, savings, and investments. It's crucial to gather all financial documents and understand your financial position. A lawyer can help you present your financial disclosures accurately, ensuring you get a fair settlement. Keep in mind that trying to hide assets is illegal and can seriously jeopardize your case.Prioritise Children’s Welfare
When children are involved, their welfare should be the top priority. UK courts always seek to act in the best interests of the child. Parental responsibilities and child arrangements, including living arrangements and visitation rights, need to be carefully considered. An amicable co-parenting agreement is always preferred, but if this isn't possible, a lawyer can help advocate for your and your children's rights.Seek Emotional Support
Divorce is not just a legal battle but an emotional one as well. Seeking professional emotional support, such as counselling or therapy, can be beneficial. Emotional resilience can significantly impact how you cope and recover throughout and after the divorce process. Support groups and trusted friends and family can also offer comfort during this distressing time.Plan for the Future
Finally, once legal proceedings are underway, start planning for your future. This could mean re-evaluating your living arrangements, career, or personal goals. Your lawyer can help you understand the long-term implications of your divorce decisions, ensuring you are prepared for life after divorce.Frequently Asked Questions
What is the legal process for getting a divorce in the UK?
In the UK, the legal process for getting a divorce involves submitting a divorce petition to the court, providing evidence of the marriage breakdown, and obtaining a decree nisi followed by a decree absolute, which finalizes the divorce.
How long does it take to get a divorce in the UK?
The time it takes to get a divorce in the UK varies, but it generally takes between 6 to 12 months from the filing of the divorce petition to the granting of the decree absolute.
What are the grounds for divorce in the UK?
The sole ground for divorce in the UK is the irretrievable breakdown of the marriage, which must be demonstrated by one of five facts: adultery, unreasonable behaviour, desertion, two years of separation with consent, or five years of separation without consent.
Do I need a solicitor to get a divorce?
While you are not legally required to have a solicitor to get a divorce, it is highly advisable to seek legal advice to ensure that the process is handled correctly and to protect your interests, especially in complex cases involving finances or children.
How much does it cost to get a divorce in the UK?
The cost of a divorce in the UK includes court fees, which are £593 to file for a divorce, and additional costs for legal advice or representation, which can vary widely depending on the complexity of the case.
Can we get a 'no-fault' divorce in the UK?
Yes, as of April 2022, the UK has introduced 'no-fault' divorce, allowing couples to divorce without having to apportion blame for the breakdown of the marriage.
What happens to our assets in a divorce?
During a divorce, assets and liabilities are divided as part of the financial settlement. The court aims for a fair distribution, taking into account factors such as the length of the marriage, each party's financial needs and contributions, and the welfare of any children.
How is child custody decided in a divorce?
Child custody, or child arrangements, are decided based on the best interests of the child. Courts encourage parents to agree on arrangements, but if they cannot, the court will make a decision based on factors like the child's needs, the parents' ability to meet those needs, and the child's own wishes.
What is mediation and do we need it?
Mediation is a process where an independent mediator helps you and your spouse reach agreements on issues such as finances and child arrangements. It is often required before you can go to court, except in certain circumstances like domestic abuse.
Can I stay in the family home during the divorce?
Whether you can stay in the family home during a divorce depends on various factors, including both parties' financial situations and the needs of any children involved. Legal advice can help you understand your rights and options.
Will I have to go to court for my divorce?
Not all divorces require going to court. If both parties agree on the divorce and financial/child arrangements, you may only need to submit paperwork. However, unresolved disputes might require court involvement.
What happens if my spouse contests the divorce?
If your spouse contests the divorce, the process may take longer and involve court hearings. It's advisable to seek legal representation to navigate the contested proceedings effectively.
Can I get spousal maintenance after divorce?
You may be eligible for spousal maintenance if there is a significant financial disparity between you and your spouse. The court considers factors such as the length of the marriage, your financial needs, and earning capacity when deciding on maintenance.
What if my spouse doesn't comply with the financial agreement?
If your spouse does not comply with the agreed financial settlement, you can take legal action to enforce the agreement. It's important to have court-approved consent orders to ensure enforceability.
How will divorce affect my pension?
Pensions are considered marital assets and can be split during a divorce. Options include pension sharing orders, offsetting, or earmarking orders, depending on the specifics of the case and court orders.
Useful Links
Useful links from: Divorce UK (England and Wales) | UK Divorce Process and Overview Explained PART 1 | BlackBeltBarrister
- NHS - Coping with divorce The NHS provides guidance and advice on dealing with the emotional and mental health impacts of divorce and separation.
- Relate - Divorce and Separation Support Relate offers advice, relationship counselling, workshops, and mediation services to support people going through divorce or separation.
- Citizens Advice - Advice for Divorcing or Separating Citizens Advice provides information on the process of getting divorced, including legal advice, financial considerations, and child custody issues.
- Mind - Support through Divorce Mind offers resources and support for mental health issues related to divorce, helping individuals manage the emotional and psychological challenges.
Useful links from: Divorce Step By Step - Form E - Capital
- NHS - Divorced or Separated: Supporting your Mental Health This NHS page offers advice on how to look after your mental health during a divorce or separation, including coping strategies and where to find support.
- Relate - Help with Divorce and Separation Relate is a UK charity that provides relationship support, including advice and counselling services for those going through separation and divorce.
- Citizens Advice - Getting a Divorce Citizens Advice offers guidance on the legal and practical aspects of getting a divorce in the UK, including an overview of Form E and financial settlements.
- Gingerbread - Single Parents and Divorce Gingerbread is a UK charity that provides advice and support for single parents, including information on how to navigate divorce and separation.
Useful links from: The Family Court without a Lawyer
- NHS - Support for Families Going to Court Information and resources provided by the NHS for families who are going to court without a lawyer. Offers guidance on what to expect and how to prepare.
- Citizen's Advice - Going to Court Comprehensive guidance from Citizen's Advice on handling court proceedings, including family court, without legal representation.
- Family Rights Group A charity organization offering advice and support for families involved in child protection and family court proceedings. Provides guides, resources, and helplines.
- National Family Mediation Charity specializing in family mediation services to help resolve disputes and issues without going to court. Includes information on mediation as an alternative to court and how it works.
Useful links from: The Family Court without a Lawyer - Video 1 of 3
- NHS - Mental health and wellbeing The NHS provides extensive information and support for mental health and wellbeing, which can be particularly useful when dealing with the stress of family court proceedings.
- Relate - The Relationship People Relate is a UK-based charity offering counselling and support for relationships, including services that can help those navigating family court without legal representation.
- Family Action - Supporting Families Family Action provides practical, emotional, and financial support to families in need, helping those who are managing family court cases on their own.
- Mind - Mental Health Support Mind is a UK-based charity offering support and advice for mental health issues, which can be beneficial for individuals facing the stress and challenges of family court.
Useful links from: The Family Court without a Lawyer - Video 2 of 3
- NHS - Mental Health Support Provides resources and helplines for mental health support, essential during stressful court processes.
- Mind - Mental Health Charity A UK charity offering advice and support to empower anyone experiencing a mental health problem.
- Relate - Relationship Support Offers counselling, support and information for all relationships, helping with family disputes and issues.
- Citizens Advice Provides free and impartial advice to people on their rights and responsibilities, including family court guidance.
Useful links from: The Family Court without a Lawyer - Video 3 of 3
- NHS Mental Health Services Information about mental health services available through the NHS, including support for stress and anxiety, which can be helpful when dealing with family court issues.
- Relate A UK charity that offers relationship support, which can be valuable for individuals and families going through the family court process.
- Mind A leading mental health charity in the UK providing advice and support to empower anyone experiencing a mental health problem, useful for those dealing with the stress of family court.
- Citizens Advice Offers free, confidential information and advice to assist people with legal, debt, and housing issues, including family court matters.
Useful links from: NO FAULT DIVORCE (What is there to know)
- NHS - Divorce and Separation This NHS page offers guidance on mental health and wellbeing during divorce and separation, providing practical advice and resources.
- Relate - No-Fault Divorce Relate provides comprehensive information on no-fault divorce, including how it works, its benefits, and how to cope with the emotional aspects of separation.
- Citizens Advice - Ending a Marriage Citizens Advice offers detailed guidance on the process of ending a marriage, including the legal aspects of no-fault divorce and support services available.
- Gingerbread - Information for Single Parents: Divorce Gingerbread provides resources for single parents navigating divorce, including legal advice, emotional support, and practical tips on managing the transition.
Useful links from: ?Divorce I Lost Everything Or Did I How To Rebuild Your Life After Losing Everything Honest Video
- NHS - Help for mental health problems NHS resource providing information and support for mental health issues, including coping mechanisms and ways to access professional help.
- Relate - The Relationship People UK charity that offers counseling and support for relationships, including advice and help for those going through a divorce.
- Mind - For better mental health Mental health charity in the UK providing advice and support to empower anyone experiencing a mental health problem.
- Citizen's Advice - Get divorce advice UK charity offering free and impartial advice on a range of topics, including legal advice for those going through separation and divorce.
Useful links from: How to represent yourself in family court in England and Wales
- NHS - Getting legal support This NHS page provides an overview of how to obtain legal support, including information about legal aid and representation.
- Citizens Advice - Going to court Citizens Advice provides comprehensive guidance on the court process, how to prepare, and what to expect when representing yourself in family court.
- Family Lives - Support and Advice Family Lives offers advice on navigating family court, including how to represent yourself and what support is available.
- CAFCASS - Representing Yourself in Family Court The Children and Family Court Advisory and Support Service (CAFCASS) provides guidance on representing yourself in family court, including considerations when children are involved.
Useful links from: Ultimate Guide to Financial Disclosure on Divorce in the UK
- NHS - Getting Divorced This NHS page provides important information on the emotional and psychological support available to individuals going through a divorce. It also offers links to marital counselling and other relevant resources.
- Relate - Divorce and Separation Relate is a UK charity that provides relationship support, including help for those going through a divorce. This page offers advice, counselling services, and information on managing the financial and emotional aspects of divorce.
- Citizens Advice - Getting a Divorce Citizens Advice offers a comprehensive guide on the divorce process in the UK, including financial disclosure, legal requirements, and how to seek assistance and support.
- Gingerbread - Information for Single Parents Gingerbread is a UK charity dedicated to single parents. This page provides detailed advice on navigating divorce, particularly from a financial perspective, and offers support services for single parents.
Useful links from: A Guide to the Divorce Process
- NHS - Getting a Divorce The NHS provides information on the emotional and mental health impacts of divorce, including advice on how to cope with stress and where to seek further help.
- Relate - Divorce & Separation Relate offers counselling and support services to help individuals and families going through divorce or separation, with resources on managing conflict, communication, and emotional well-being.
- Citizens Advice - Ending a marriage Citizens Advice provides detailed guidance on the legal and practical steps involved in ending a marriage, including how to initiate divorce proceedings and considerations for children and finances.
- Childline - Dealing with Divorce Childline offers advice and support specifically for young people dealing with their parents' divorce, including coping strategies and ways to express their feelings.
Useful links from: The 4 Steps to Agree a Financial Settlement on Divorce UK
- NHS - Getting a Divorce An overview from the NHS providing general information and guidance on divorce and separation, including emotional and practical support.
- Relate - Help with Divorce and Separation Relate is a UK-based charity offering advice and counseling services for those dealing with divorce and separation. They provide resources for managing the emotional and legal aspects.
- Citizens Advice - Getting a Divorce Citizens Advice offers detailed, practical advice on the process of getting a divorce in the UK, including financial settlements and your options.
- Gingerbread - Separation and Divorce Gingerbread is a UK charity that supports single-parent families. Their resources include guidance on negotiating financial settlements during divorce.
Useful links from: Divorce UK: What happens with the money in a divorce?
- NHS - Relationship support The NHS provides information on managing the emotional and mental health impacts of relationship problems, including divorce. It also includes resources for support and counselling.
- Relate - Guide to Divorce and Separation Relate offers a comprehensive guide to divorce and separation, including how finances and assets are divided, and the emotional support available.
- Citizens Advice - Getting a Divorce Citizens Advice provides detailed guidance on the process of getting a divorce, including how money, property, and possessions are divided. It also covers legal and financial implications.
- MoneyHelper - Divorce and Money MoneyHelper offers advice on handling money and property during a divorce, including splitting assets and understanding your financial responsibilities.
More Videos On This Subjectdiagnosis
Have you found an error, or do you have a link or some information you would like to share? Please let us know using the form below.
- Ergsy carfully checks the information in the videos we provide here.
- Videos shown by Youtube after a video has completed, have NOT been reviewed by ERGSY.
- To view, click the arrow in centre of video.
- Most of the videos you find here will have subtitles and/or closed captions available.
- You may need to turn these on, and choose your preferred language.
- Go to the video you'd like to watch.
- If closed captions (CC) are available, settings will be visible on the bottom right of the video player.
- To turn on Captions, click settings .
- To turn off Captions, click settings again.