Three key things to consider when getting divorced

If you are getting divorced, it may be reassuring for you to know that you are not alone. "More than 40pc of marriages end in divorce, according to figures from the Office for National Statistics (ONS)." (The Telegraph)

There are some common issues that can occur when people divorce and hopefully this guide will help you visualise what's ahead and how you could overcome some of the potential issues.

1.What if nobody is technically 'at fault'?

At the moment, a couple has two routes to divorce: they can be separated for two years and both consent to the divorce or one of the parties must apply based on grounds of either adultery or “unreasonable” behaviour by the other.  It was recently announced by the government that a "no-fault" divorce will soon be an option. The idea is that this will speed up the process and remove the emotional strain of having to blame one party. We can expect to hear more on this once parliamentary time spent on Brexit is reduced (so no fixed date at the moment)! Some are couples are currently choosing to delay applying for a divorce until the new measures are brought in to save themselves time and money.

2. Picking the wrong solicitor

At BWT Law, we pride ourselves on having a super efficient family law team and you can read all about our services here: https://www.bwtlaw.co.uk/family-law/. Unfortunately, not all solicitors put enough effort into completing the divorce process quickly and if you don't find a trustworthy legal person, it could end up costing you time and money. There is the option of arbitration - this is where you pay a judge privately to settle the case and most of the time you never end up having to go to court.

3. Court backlogs

It can be a bit of a postcode lottery when it comes to how quickly your divorce is approved - typically it can take eight or nine months and this is as a result of a chronic lack of resources in the legal system. One way of overcoming this, would be to come to a financial agreement prior to a divorce being approved. "Splitting couples can be hit with punitive CGT charges if one party moves out of the matrimonial home and doesn’t receive their interest in the property within 18 months (with the Government seeking to reduce this to nine months from April 2020)." (The Telegraph) It's important to plan for forthcoming financial implications before they occur to reduce the level of shock.

Want to discuss a potential divorce in more detail? Call us today on: 01372 725655