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5 Facts about divorce – You must know

05.04.2018

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It is important to understand the key facts about divorce before starting you divorce. Going through a divorce can be one of the most stressful and emotionally draining times in your life. It’s no wonder then, that there are many misconceptions surrounding the divorce process, which often stem from anxiety, stress and stories of a friend of a friend’s dreadful experiences.

In this article, we will be separating the fact from the fiction, with our 5 key facts that you should know about the divorce process.

 

1) Facts about divorce:  You need to be married for at least a year to get a divorce

In order to get a divorce in England or Wales, you must have been married for at least one year.  Some couples who want to separate before this timeframe is up, may be able to get an annulment or a legal separation.

 

2) Facts about divorce:  Prenups are not legally binding

Contrary to popular belief, prenuptial agreements, known as prenups, are not legally binding in England and Wales.  This means that even if you enter into a prenuptial agreement which states how your assets should be divided if you divorce, a judge may not enforce it.  In order to stand the best chance of your prenuptial agreement being upheld, it is important that it is entered into correctly .

 

3) Facts about divorce:  ‘No fault’ divorces are not possible

There is currently no such thing as a ‘no fault’ divorce in England and Wales.  In order to get a divorce, it is necessary to give at least one of these 5 reasons or grounds:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Separation for more than 2 years (with consent from your wife/husband)
  • Separation for more than 5 years (without consent)

This means that some element of blame is always necessary. Many argue that this creates unnecessary animosity and there have been calls for this to change.

Facts about divorce

 

4) Facts about divorce:  Divorce doesn’t have to end in a lengthy court battle

Many of the divorces we hear about in the media, are reported on because either a celebrity is getting a divorce or a divorce battle involving vast sums of money has ended up in court – sometimes even both!

The reality is that most divorces do not involve lengthy court battles. A good solicitor will do everything they can to avoid the stress and expense involved in going to court, but at the same time be prepared to go to court, if necessary.  If a couple are unable to agree between themselves on what will happen to their finances or their children after they divorce, there are other options available, such as mediation or collaborative law.

 

5) Facts about divorce:  The family home

There is a common misconception that it is the wife who will get to stay in, and ultimately keep, the family home.  This is not necessarily the case. There are a variety of factors that can determine what happens to the family home. It may need to be sold, for example, as part of the financial settlement.  What will happen to your family home depends on your family’s circumstances.  Getting legal advice from an experienced solicitor can help to dispel any myths and put your mind at rest.

 

Do you need help with how to start divorce proceedings?

Our expert divorce and family law solicitors can help you with a range of legal issues, including:

 

Contact our expert divorce solicitors for advice on how to start divorce proceedings

For more information call our divorce solicitors on 0845 862 5001 or mail@austinkemp.co.uk.

Our expert divorce and family law solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:

Leeds Office: St Andrew House, The Headrow, Leeds, LS1 5JW

Wakefield Office: Market Walk, Wakefield, WF1 1QR

Halifax Office: Old Lane, Halifax, HX3 5WP

Huddersfield Office: Northumberland Street Huddersfield, HD1 1RL

Coventry Office: Warwick Road, Coventry, CV1 2DY

Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB

Please contact us for more details.

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