Frequently Asked Questions

There is one process involved when issuing divorce proceedings and anyone who issues divorce proceedings will go through the same process. This process takes around 6 months depending on how quickly the other spouse responds to the application. If the divorce petition and process is not done correctly, this can cause considerable delay. Unfortunately, there is no such process that would substantially reduce the time it takes to finalise divorce proceedings. 

When parties reach agreement on financial matters without issuing court proceedings, a consent order has to be drafted by a solicitor and submitted to the court for approval along with a form that provides the court with information regarding the parties financial situation. Financial information including values of any properties and all other assets such as savings as well as liabilities, income and pension values must be provided to the court so the court can determine whether the agreement reached is a fair one. If the Court does not consider the agreement to be fair, the court will not seal the order and may possibly raise questions. This is why it is very important that parties obtain independent legal advice on their financial situation prior to entering negotiations with their former spouse to be.

Most cases do not see an equal division in the assets. To determine how matrimonial assets are divided, we need to consider the full financial picture (which is why financial disclosure is advised). We would look at the assets, debts, pensions and income of the marriage to determine what a fair division would be. An equal division of assets is usually seen where both parties are in financially similar positions, of similar ages and there are no children involved. Most people do not fall into that category and so the assets will be divided to allow both parties to rehouse themselves in similar properties, taking into account each parties mortgage capacity. If there are children of the marriage, they will be prioritized and ideally they will need to reside near their schools. Sometimes, there are not enough funds to adequately accommodate the children if the assets are divided between the parties and so in such cases the court will consider an unequal division or no division until the youngest child reaches the age of 18 or completes their secondary education. As mentioned above, the court has many factors to consider and each case turns on its own facts. No one size fits all in financial remedy cases and so what has been ordered in one person’s financial remedy matter, will not necessarily be ordered in another’s. This is why it is important to obtain legal advice on such matters at your earliest convenience, even if it is just an initial meeting to obtain an idea of how your matter may be viewed by a court, so as this can assist you in negotiations. 

This really depends on the situation the family finds themselves in. If one parent does not have suitable accommodation or does not reside close to the children’s school, it is unlikely that a court will make such an order. Generally, it is more likely that a court will make an order for alternate weekends and half the school holidays as well as alternate Christmases or other important holidays as a minimum if there are no safeguarding issues. If the parties reside relatively close to the schools however and both parents can work their employment commitments around the children, then there could be a sufficient argument for a shared care order where both parties spend a relatively equal amount of time with the children.