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1. What are the grounds for a divorce?
Under England and Wales’ no-fault divorce laws, you can get a divorce if:
- You and your spouse have been married for at least a year
- You satisfy the ground for divorce – your relationship has irretrievably broken down
- Your marriage is legally valid in the UK and the UK is your permanent home or that of your spouse
2. How long will it take me to get a divorce?
For a straightforward divorce we estimate five to six months to the pronouncement of the final divorce. However, sometimes the Conditional Order is delayed whilst financial matters are resolved.
3. My wife/husband has always supported me financially – how will I manage in the event of a divorce?
If you have been financially dependent upon your husband or wife throughout the marriage, then you may be eligible for spousal maintenance after the divorce where appropriate. The Court would consider your income and outgoings and those of your husband or wife and then make an order for spousal maintenance if appropriate.
4. Will I have to pay child maintenance?
If you are not living with your child and you are earning an income then you will have to pay child maintenance. The level of child maintenance will depend upon the amount of your income and the number of children as follows:
| No of Children | Gross Weekly Income | Percentage |
|---|---|---|
| 1 | Up to and including £800 | 12% |
| 2 | Up to and including £800 | 16% |
| 3 | Up to and including £800 | 19% |
| 1 | £800 - £3,000 | 9% |
| 2 | £800 - £3,000 | 12% |
| 3 | £800 - £3,000 | 15% |
Child maintenance will be reduced if you have the children to stay with you for more than 52 nights as follows:
| No. of Nights | Reduction |
|---|---|
| 52 - 103 | 1/7th |
| 104 - 155 | 2/7th |
| 156 - 174 | 3/7th |
| 175 or more | 1/2th |
5. How will the assets be divided, i.e. income, pension, business, property, capital?
The Court will consider all of the assets of the marriage, including those available now, for example matrimonial home, savings etc. and those assets available in the future, e.g. pensions. The Court will consider a number of factors such as the length of the marriage, the age of the parties, health, earning capacity of the parties and ages of any children of the marriage.
6. Can I force my wife/husband out of the house?
The Court can order a spouse to leave the matrimonial home or order them not to return to the home if they have already left. Whether the Court will order this will depend on the evidence. Along with other issues, the Court will consider whether there has been any history of violence, threats of violence or incidents of violence. This Injunction Order can be obtained very quickly and without the violent spouse’s initial knowledge if necessary.
7. What rights do I have in relation to my children?
A married mother and father of a child will automatically acquire legal rights in relation to that child. This is called parental responsibility. Once a party has parental responsibility then they can apply to the Court for an order that the child spends time with them or lives with them, this is known as a 'Child Arrangements Order'. If the parties are not married the mother automatically acquires Parental Responsibility. If the child was born after December 2003 and the father is registered on the birth certificate then the unmarried father would also acquire automatic parental responsibility. However, if the child was born before that date or the father is not registered on the birth certificate, then the unmarried father must acquire parental responsibility by entering into an agreement with the mother or by applying to the Court for an Order.
Get in touch with our family law solicitors in Orpington
If you require further advice, please fill in our Online Enquiry Form and a member of our family law team will contact you as soon as possible. Alternatively, email the head of our family law solicitor team Orpington, Claire Schneck.