FAQs - Family Law
How do I begin divorce proceedings?
Since 6 April 2022, divorce in England and Wales is based on no-fault divorce. You do not need to rely on adultery, unreasonable behaviour, desertion or separation periods. The process starts with a divorce application, either sole or joint. Once the application has been issued, there is a minimum 20-week period before applying for a conditional order. A final order can then usually be applied for 6 weeks and 1 day after the conditional order.
That is supported by GOV.UK and the Law Society’s explanation of the April 2022 reforms.
How long does a divorce normally take?
A straightforward divorce will usually take at least six months because of the statutory waiting periods, and can take longer depending on court processing times and whether financial matters also need to be resolved.
The divorce process starts with a divorce application, either sole or joint. Once the application has been issued, there is a minimum 20-week period before applying for a conditional order. A final order can then usually be applied for 6 weeks and 1 day after the conditional order.
Many factors can affect the length of a divorce, including court processing times, the level of agreement between the parties, and whether financial or child arrangements also need to be resolved. Consulting with a family lawyer from Bannister Preston can provide personalised advice based on the specific details of your situation.
What would I be entitled to?
A court is guided by many factors when considering the financial issues, these include assets, income, financial obligations, the duration of the marriage. There are many things for the court to consider and no two cases are ever the same.
Figuring out what you're entitled to is easier when you work with our family law solicitors like ourselves. Bannister Preston makes it easy for you to find out what you can get.
If you have any questions please get in touch with our team.
Will the house have to be sold?
Again, no two cases are completely alike. Typically, one of the principal concerns of the court is how the children, and everyone else, are to be accommodated. This could mean that the family home may be sold, with the proceeds being divided such that everyone can find a new home.
Complications from this may include:
Ownership and Mortgage
If the house is jointly owned by both spouses, decisions about its future may need to be made. This includes whether one spouse will keep the house or if it will be sold.
Financial Needs of Each Spouse:
The court will consider the financial needs and obligations of each spouse, especially if there are dependent children. The primary caregiver may be given priority in staying in the family home.
Spousal Maintenance
If one spouse is financially dependent on the other, the court may consider spousal maintenance as an alternative to selling the house immediately. This allows the dependent spouse to remain in the home for a specified period.