How long does a divorce take?
One of the most common questions we get at Hale Family Law is how long will my divorce take? Although there is a simple three stage online system, the answer to this question is far from simple. A divorce that is straightforward is usually where both parties are upfront and cooperative.
A divorce can be done in around six months, however, when there are financial aspects, businesses, children, pensions, assets or any other complications involved the divorce procedure can take longer.
Below we have put together some frequently asked questions and answers, some useful facts and testimonials that will help to alleviate any concerns on divorce and its timeframe.
What is the biggest misconception people have about divorce?
The biggest assumptions people make when it comes to divorcing is the timeline, due to quickie divorces seen with celebrities people often assume that divorces can be completed in a matter of weeks which is far from the truth. Unless there are exceptional circumstances divorces have a legal procedure and usually, they cannot be sped up. At Hale Family Law we believe in transparency and we keep all our clients informed on the entire process, we also ensure that our clients are aware of all the options available to them.
Three stages of divorce
· First stage - drafting and submission of the divorce application and the returning of the acknowledgement of service.
· Second stage - the application for the conditional order
· Third stage - final stage the application of the final order of divorce
This three stage approach is all dealt with through the online system and no one needs to attend court. It is important to note that divorce does not end financial ties. The online system can take around 6 months thiscan be slightly quicker if the applicants are efficient with their online filing, however court backlogs and financial disputes can prolong the procedure.
How long does a divorce take?
A divorce can take around 6 months but this can be longer.There are many reasons why delays can happen for example court delays and backlogs, or the respondent not returning the acknowledgement of service. Themost common delays are usually disputes over the financial aspects. At Hale Family Law, we pride ourselves on our efficiency and we will ensure that thereare minimum delays, we work cooperatively with the other party to bring resolution quickly and fairly.
Is it normal to worry about divorce?
The biggest worries clients have about divorce is the time, the cost, and the uncertainty. For majority of clients cost is the biggestworry due to legal aid cuts. Clients have to ask friends, family or loanproviders for financial support. However, at Hale Family law we can offer anarrangement which enables clients to pay at the end. We provide a fixed feesolution so unless the scope of work changes the costs will always stay thesame.
What is a no fault divorce?
No fault divorce that came in to force in April 2022. The idea was to reduce conflict between separating couples. A no fault divorce is where there has been an irretrievable breakdown between couples that want to divorce and no proof is required. As long as both parties agree to get divorced, the judge will grant the application without considering the reasons. Anyone in England and Wales can get a no fault divorce as long as the marriage is legally recognised, they have been married for a year and that the relationship has irretrievably broken down.
What do I need to apply for a no fault divorce?
The information that you need to apply for a no fault divorce is your spouses full details including; name, address, telephone number, email address etc. as well as your details, your original marriage certificate and proof of your name change if you have changed it since you got married e.g. deed poll.
How to can I make the divorce process go quicker?
The standard divorce procedure is usually 6 months but this depends on many factors. The best way to speed up a divorce or to prevent delays is to ensure both individuals are willing to be open and honest about their financial circumstances. As long as there are no complicated financial matters and there is swiftness in the returning of acknowledgement of service then this will no doubt speed up the divorce.
What causes divorce delays?
One of the main causes of divorce delays is usually the return of the acknowledgment of service from the respondent. The court needs to know that the respondent has been served the application and this process in particular can delay timescales. On occasion personally delivering and serving the application is usually an option. At Hale Family Law we can help speed up this procedure even if you do not have an up to date address of the respondent, we use our network of contacts to trace and track down the other person often within 24 hours.
Why is my spouse delaying divorce?
There are many reasons why spouses delay divorces, some of the reasons could be emotional, tactical and practical. Emotional reasons could be related to hope for reconciliation, denial, shock and lack of acceptance. Tactical and practical reasons could be financial control or lack of control, revenge, lack of legal understanding or even fear. At Hale Family Law we will ensure that any delays caused by the other side are met with empathy and firmness with a focus on resolution to ensure delays are mitigated.
Can I do my own divorce and what are the risks?
It is possible to do your own (DIY) divorce, but there arefew risks to bear in mind from understanding the financial aspects, childarrangements, and under settling. Divorce law is complicated and there manyobstacles that could lead to expensive mistakes and long term consequences.
One of the common mistakes is when completing the divorce application, you will be asked if you want to apply for financial orders for you or any children from the marriage. Lots of people who manage their divorce by themselves often misunderstand what it means and do not tick that box. The biggest risks of not ticking the box is if you divorce your spouse and then remarry before resolving the finances you are then usually prevented from making an application for financial relief against your former spouse. But it does not prevent your former spouse for applying for financial relief.
We also get a lot of clients who have settled finances and just want us to draft an order. One of the biggest things that clients overlook is where there are assets including house and pensions spouses often offset house and pensions. For example, a client recently told us that they were going to get 80% equity in the house and the spouse would keep a 100% of their police pension. When we analysed the figures, we discovered that they were under settling their case by over £100,000. The client walked away with 50% of the equity in the home and over £100,000 in pension money. At Hale Family Law we ensure that our clients leave with a fair financial settlement that they deserve to ensure a secure future.
What are the biggest divorce mistakes?
There are many mistakes that people can make during divorcefrom relying on friends or chat GPT for divorce advice, mishandling finances ornot declaring the right information. One of the biggest mistakes is lettingemotions get the better of a situation instead of clear communication throughfact based communication.
Another mistake is when people do not understand theimportance of a full and frank disclosure before coming to an agreement infinances. If you do not exchange disclosure and then later discover (after thecourt have approved an order) assets or money you did not know about then thereis often nothing you can do.
Another risk is the court have overall discretion onwhether to approve the agreement you have come to with your spouse. If thecourt thinks it is unfair, your agreement will be refused and you will be askedto attend a court hearing which could result in fully contested courtproceedings. At Hale Family Law, our team ensures you avoid costly mistakes,achieve a successful outcome, and feel supported and protected throughout.
Do solicitors provide a fixed fee legal advicefor a divorce?
One of the biggest worries when divorcing is the costfactor, separating finances can cause all sorts of financial burdens and thelast burden you want is paying an extortionate amount for legal advice. Manylegal practices and solicitors charge for their time, this can be daunting asthe more complex the case or the more delays you have, the more expensive itgets.
The positive aspect of a fixed fee model ensures budgetpredictability and removes the surprise of bills making legal costs easier tomanage. Overall, a fixed fee model provides financial certainty at a time whenthere is often nothing certain in your life. At Hale Family Law, we offera fixed fee solution, why not give our team a call or email to find out moreabout this.
Can I get a divorce without using a solicitor?
It is possible to get a divorce without a solicitor, if you feel your case is fairly simple and you have no children and minimum assets. However, getting legal advice is recommended to ensure fairness and to protect your future security. In many cases we have worked with clients who have needed our help to double check a simple divorce to find that the client was under settling. Ideally a client should access early legal advice often before embarking upon the legal procedure.
Navigating a divorce can be a minefield, the burden and stress can cause a lot of worry. At Hale Family Law we are experts in family law and we can take that responsibility away from our clients. Not only do we go the extra mile to ensure our clients benefit in the divorce process but we are efficient and quick. We are well versed in financial matters, child agreements, family business and all the other complications that arise. We also have access to a network of professionals who can also help with specific hurdles, no divorce is too complicated for us.
The team at Hale Family Law will guide you through the complex maze whilst ensuring you are kept up to date, we are always only a phone call away. Why not give our team a call on 0161 567 6067, email colin@halefl.co.uk or book an appointment today.
