Do I need a divorce?

  • This depends on the particular circumstances and the inclination or desire of the husband or wife.
  • Sometimes it helps to pursue a divorce in that it provides closure or a degree of satisfaction.
  • Parties can simply live apart for two years and agree to a divorce after that but the procedure is still the same in that the Court process has to be followed and normally that means similar costs and a similar timeframe (4-5 months) from the date of the two year separation. Click here to learn more about starting divorce proceedings.
  • If there are financial issues that need to be resolved such the ownership of the matrimonial property or levels of financial support or pension sharing then often a divorce is the only way which a party can establish those claims.
  • Generally it is irrelevant as to actually who divorces whom.
  • The grounds for divorce likewise do not generally have any relevance to other issues such as the finances or the children.
  • Once the divorce is finalised with the Decree Absolute there is no reference to ‘who did what to whom’ or why the marriage broke down.
  • For more advice please visit our Family Law page.

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