Divorce – The Facts

Divorce can be an emotionally challenging and stressful time for everyone involved and the amount of information flying around can feel overwhelming and confusing. Making sure you understand exactly what to expect and what you need to do is vital.

At Prince Evans we like to keep things simple and straightforward and specialise in minimising the emotional distress of divorce on clients and their families by providing expert help and advice.

When a marriage breaks down there are bound to be questions you need the answers to. Here are some facts about Divorce:

1. No-fault divorce

Unfortunately like many other countries such as USA, Canada and Australia there is no such thing as a ‘no fault’ divorce in England and Wales. This has been the subject of much criticism in recent years, however, as the current law stands, there must be an element of blame and one of five reasons must be cited when requesting a divorce:

  • Unreasonable behaviour

  • Adultery

  • Desertion

  • 2 years separation (with consent from your partner)

  • 5 years separation (without consent from your partner)

2. One year rule

You must have been married for at least one year to obtain a divorce, so if you’ve only been married for a short time, unfortunately it will not be possible to get a divorce straight away and there are no exceptions to this rule.

3. Quickie Divorce

Regardless of your individual circumstances and background a ‘Quickie Divorce’ is in deed a myth.

Generally the process can take up to 8 months, however, the length of time will depend on your particular circumstances, these can include; court delays, how amicable your separation is and how your family assets will be split.

4. Pre-nups

A pre-nup is essentially a guide to what happens in the event of a marriage breakdown but it isn’t legally binding in England and Wales. Whilst a Judge will consider a prenuptial agreement – it is possible that it may not be upheld, in particular if certain safeguards have not been met.

5. Court

Most often, divorce is a matter of paperwork. Although a divorce is obtained by making an application to a court, most divorces don’t actually end up going to court.

It is perfectly possible for an agreement to be reached with your partner regarding how family assets will be split. If however, you and your partner can’t agree on the terms or if matters are more complex, there are other forms of dispute resolution available, such as mediation as opposed to going to court.

If you feel that your marriage is in trouble or you are thinking about getting a divorce and would like advice please contact our Family Law Department. We offer an in depth one hour free no obligation consultation with an experienced family lawyer.