FAQs – Divorce
Frequently asked Questions:
Q. I have been evicted out of our house/ My partner is threatening to make me homeless?
You may want to seek help from Shelter.org.uk. Their Help Line no. is 0808 800 4444
Their Opening times: Monday to Friday, 8am – 8pm | Weekends and bank holidays, 9am – 5pm.
Their website says “Our advice and support services offer one-to-one, personalised help with housing issues and homelessness” “On our website, find expert information about everything from reclaiming your deposit to applying as homeless, or speak to an adviser over webchat.” “Our free emergency helpline is open 365 days a year to answer calls from anyone struggling with a housing issue or homelessness.” “Legal – Our solicitors provide free legal advice and attend court to help people who’ve lost their homes or are facing eviction”
https://england.shelter.org.uk/housing_advice/homelessness
Q. Is it possible for me to have a divorce if my spouse objects?
It is possible to obtain a divorce if your spouse objects – although the process may take longer if you are not able to negotiate or agree upon anything. Landmark reforms introducing no-fault divorce aimed at reducing conflict between separating couples come into force April 2022.
“Blame game” ends as no-fault divorce comes into force:
Q. Abuse: What does economic abuse mean?
It is an abuser who restricts how you make/spend your money and/or control areas of your life including housing, food and clothing. A video link here : Understanding Economic Abuse by survivigeconomicabuse.org
Q. Reasons/grounds for divorce? – What is the New divorce law to end the blame game?
Divorcing couples will no longer have to blame each other for the breakdown of their marriage as the Justice Secretary today (9 April 2019) announced a new law to help reduce family conflict.
Landmark reforms introducing no-fault divorce aimed at reducing conflict between separating couples come into force April 2022.
“Blame game” ends as no-fault divorce comes into force:
Q What happens to debt when you get divorced & how is debt divided during divorce?
Note that if you have got any joint debt it doesn’t go away when the marriage ends. You may be liable if they’re not able to keep up with their part of the repayment.
Q Ex refuses to declare a very large guaranteed bonus on their form E which they have not yet received in their bank yet. i.e. must the form E have only what is in the bank now and disregard any near future payments??
A section in Form E asks about changes in income and assets expected in the next 12 months. If the expected bonus is not mentioned, you should raise a question about it.
If the matter is in court the judge will order that questions should be answered. There is a duty for both sides to update their financial information as changes occur.
Q Where can I find out more about Legal aid for either mediation or divorce?
If you want legal support with your court case but cannot pay for it, you may be able to getfree legal help from barristers through an organisation called Advocate. Or check if you are eligible for legal aid here . Or to apply for Exceptional Case Funding here
There is also a guide to represent yourself here
Q. Will I have to go to court?
If your spouse agrees to the divorce and you are also able to come to an agreement in respect of children and financial matters then there is no need for either of you to attend court.
Q. How are finances split in a divorce?
Related link;
If you go the court route, the judge will base the decision from 50/50 split and then may consider various other factors
When making a decision of dividing the assets, the court will take into account the parties’ capital and income resources, their needs, the standard of living during the marriage, the age of the parties and any other relevant circumstances of the case.
The judge will decide on the fairest way to divide the assets if there’s enough to meet everyone’s needs. They will make arrangements for any children first – especially their housing arrangements and child maintenance. The reason for the divorce or dissolution is not taken into account.
The judge will usually try to arrange a ‘clean break’, so everything is shared out, and you no longer have any financial ties to one another.
During the divorce process you will need to complete a number o forms and be fully aware of yours and joint finances. We recommend you try and gather this information and papers before starting the process if possible to ensure you have everything you need, especially if your partner is difficult or you need to move out of the family home during the divorce process. Also be aware of the basics costs of filing applications and court fees, and if you use a solicitor, make sure you can pay for the fees (or be eligible for help with costs).
The division of the matrimonial assets could include:
Money, which would include savings and investments, present income, future income, Property, including the family home and any properties owned individually or jointly, business or businesses, any Life Insurance Policies, Pension, Furniture & appliances, Vehicles, Child maintenance payments, Spousal maintenance payments
Q. How long will my divorce take?
Each case differs, depending on the complexity of the issues involved, but as a rough estimate a divorce will take around 6 months to be finalized. It is advisable to agree on all financial matters before completing the divorce proceedings, so if your spouse tries to delay matters or it is a complicated situation or their representative is slow to respond the time taken could increase substantially.
Q. Where can I find out more about Pensions on Divorce?
Getting proper advice is absolutely necessary where pensions are involved. The link below also contains some sample letters.
A survival guide to Pensions on Divorce & Family Justice Council
Q. Can my solicitor also act for my partner?
Contacting Solicitors – Conflict of Interest
Because a solicitor has a very strong duty of loyalty and confidentiality to their clients, if they consult with a potential client during the divorce proceedings, it would be deemed a conflict of interest for them to later decide to represent the other spouse even if the first spouse decided not to hire them after the consultation. This is because sensitive information will often arise during the consultation that could be used against the spouse.
So effectively, if you contact all the solicitors in the area you live in, none of those solicitor’s would accept your divorcing partner’s case. For this reason, it would be advisable to research (meet with as many solicitors) and find a most suitable solicitor as soon as possible. Divorce solicitors carry out a conflict check when first meeting a new client by checking to see if they or their firm has acted on behalf of a client that is related to you in this way.
Q. Do I have to share the gifts I have received e.g. jewelery?
As far as I am aware, any Jewelry that was given to either partner as gifts can be considered as their own possession, i.e. does not need to be shared or converted into financial state in order to share. If you admit to your legal advisor that this was part of the matrimonial assets, then it is possible that you may be required to declare.
Q. How do I choose a solicitor/lawyer for my divorce?
1.1. The best way of choosing a solicitor is probably personal recommendation, but if you do not know anyone, it is recommended that you choose a lawyer who is a member of Resolution, who are committed to a Code of Practice designed to make divorce less confrontational. Although membership is not an absolute guarantee of competence, potential members do have to display proven expertise in this field. Another approach is to use a solicitor who is accredited in collaborative law. Either way, your lawyer should be committed to reaching a settlement by negotiation, which is usually cheaper and less stressful.
1.2. Get quotations from two or three firms and ask about their hourly rate.
1.3. Ask your prospective lawyer if (s)he is willing to represent you in straightforward cases without using a barrister, which merely adds to the costs.
2 Avoid the rotweilers
If you are told that so-and so is a ‘ rotweiler ‘ then you need to be very careful.. You may get the type of lawyer who will see you as a cash cow and will fight to the end – the end of of your money.
3 Consider alternative dispute resolution
3.1. There are alternatives to Court proceedings for resolving financial disputes, the main ones being mediation and collaborative law.
3.2. Neither is likely to work if the spouses are already at loggerheads, or if the gap between their respective positions is very wide.
3.3. Mediation involves meetings with a trained counsellor who will seek to broker a settlement between the parties. If agreement is reached then it is submitted to the Court for approval and becomes legally binding.
3.4. With collaborative law, the parties both hire lawyers who try and reach agreement by negotiation. If negotiations break down, both parties must then appoint a new lawyer to handle the resulting litigation. The advantage is that the lawyers have no financial interest in involving their clients in court proceedings ; the disadvantage could be that changing lawyers in mid stream if negotiations fail can add to the overall cost. There is a very useful discussion on the subject on this website.
3.5. Collaborative law seems to be much more common in the United States, but is attracting increasing interest in the UK.
3.6. One possibility is to use the Court’s own procedures;. At some stage you will get a hearing before a district judge which is called a Financial Dispute Resolution or FDR. The judge who conducts the hearing will try and narrow down the areas of dispute and (s)he will give the parties an idea of what (s) would do ; but if the case proceeds to a full hearing a different district judge will conduct it. It can be, therefore, one way of bringing an independent legal mind to bear on the issues at an early stage, and it has the potential advantage that if the case does not settle, the FDR is part of the process anyway, so no time and little expense is lost. Quite a few cases do settle at FDR stage, so using it as a form of arbitration could be worth considering if the area of disagreement is limited.
3.7. There is much to be said for hiring a lawyer even if you intend to use mediation, to advise you as to the likely outcome, so that you are in a better position to evaluate any proposals from the mediator/
4 Avoid using your solicitor as an emotional crutch
Some social pleasantries cannot be avoided, but do not discuss whether Steve McClaren should play Beckham, Lennon or Pennant at right midfield ; and if it is counselling and support you need, try your parish priest or a trusted friend or adviser. You are buying your solicitor’s knowledge and experience, and this does not come cheap. Stick to asking for legal advice if you can.
5 Do your homework in advance
5.1. A solicitor will tell you that (s)he cannot advise you without a full and complete disclosure of the financial positions of the parties. This is perfectly correct. Even small details can tip the balance and lead to a different outcome. It is essential that you provide your lawyer with up to date and complete facts.
5.2. So you will have to get together a fair bit of information. The key is knowing what information is likely to be asked for and making advance preparation.
5.3 Examples of the kind of information your solicitor will want are :
Your marriage certificate; Your most recent P60; A valuation of the matrimonial home, if you own it ; If you own your own business, two year’s audited accounts ;
And so on. A fuller list appears later. The more complicated the information, the greater the degree of disclosure required, but this paper is not written primarily with the super rich in mind.
5.4. Some of this information can take time to put together. You should be aware that, once the procedure is set in motion, there are strict timetables and potential sanctions for delay. The trick , therefore, is to have your information marshalled and in the hands of your lawyer before you even start.
5.5. There is another potential advantage. In straightforward cases, if the District judge at the first hearing has all the information (s)he needs, the initial appointment can be treated as an FDR – one less hearing, and more reduced expense.
5.6. There is something to be said for the idea of typing out your basic details ( like your names, children, address, phone and E mail contact numbers , details of the marriage ) so that you can hand them over to your lawyer. It saves note-taking and therefore reduces cost.
6 Don’t be too scared of Form E
6.1. Form E is a financial statement, and both you and your spouse have to complete one.
6.2. It is a very complicated form, but it may not be quite as bad as it looks. In most cases the information required is quite straightforward.
6.3. If you can overcome the average Englishman’s dislike of filling in forms, it is a good idea to download Form E and try to fill it out yourself. Even if you can’t complete all of it, it will save you time and money if you can do 80% and leave your solicitor to cast an eye over it and help you complete the parts of the form which are not clear to you.
6..4. Once you have filled in Form E, remember that the other side will have a very close look at it. If you can, try and examine it from the other side’s point of view ; try and make sure that what you say is supported by documentation and receipts ; go through your bank statements and look the receipts side of your statement, and make sure you can explain what’s there. If any items require explanation, provide it up front. Ideally, what you want a situation where your Form E is so complete that you avoid a whole list of questions from the other side, which takes time and of course, costs money.
7 Don’t tell porkies
7.1. There is a great temptation to be economical with the truth in this area. Many spouses lie about their means or try to conceal assets or income. So much so that lawyers even have a name for it – the ‘ crock of gold syndrome ‘ – the belief that the other party has assets which (s)he is not disclosing.
7.2. The potential disadvantages with hiding assets or income is that if the truth comes out during the hearing, it can do your cause a great deal of harm. It is quite possible that the Court would make an order for costs against you. It can also be damaging if something comes out in Court that your advocate does not know about and for which (s)he is totally unprepared.
7.3. The advantage of being truthful is firstly, that the Court will like you for it, and getting the judge on your side is half the battle. Secondly, a truthful statement is almost impossible to attack. A well prepared and adequately documented statement hangs together well. It can avoid a whole lot of tedious questionnaires from the other side which again adds to the overall cost.
7.4. This advice may not be acceptable to everyone, but remember that your ex to be may hire a private detective to rummage through your dustbin, may intercept post and do all sorts of dirty tricks – so beware ! Also remember that if your spouse finds out that you haven’t been truthful, it is possible that an order could be set aside – as was the case, for example, where a wife married almost before the ink on her divorce was dry, and had failed to disclose her intentions.
8 Be clear what you want
It does help if you are clear in your own mind about the things that are most important to you and what matters and what is less important. It gives your solicitor the freedom to do a horse deal which gives you what you want in exchange for an insignificant concession elsewhere.
9. Read all about it
Try and find out as much background information as you can. It is much cheaper to read about divorce in your own time than have your solicitor explain it to you at £150 and hour or thereabouts. One of the aims of a site like wikivorce should be to provide that information, but to be fair, there are many websites, some from solicitors, which seek to do the same thing. As with any website, there is always the danger that information can become out of date, so check when the information was posted !
10. Keep a sense of balance
Divorce is not a game. It is not an exercise in point scoring at the expense of your ex to be. It is not a means of getting your own back on your spouse. The objective is to produce a settlement that is as fair to both parties as possible. Unfortunately, in the vast majority of cases, divorce will mean a diminution in living standards. Always balance what you want to achieve against the costs of achieving it. It is plain daft to spend £10,000 arguing about an asset worth £5000. Don’t forget, the more money you spend on lawyers, the less there is for you. And remember, it gets better. Time is a great healer. Your world may seem in ruins, but look forward, plan for the future, And if you have children, please remember them and keep their interests well in mind.
The typical information likely to be required by a lawyer/court is :
The last three payslips and the most recent P60 ; Bank statements for the previous 12 months ; Up to date valuations of property, insurance policies and significant assets ; your most recent statement from your mortgage lender ; if you are in business, your accounts for the past two years ; the valuation of any pensions, if there are any . It is a good thing if you produce written evidence to back up what you say. Form E will serve as a complete checklist of the information which will be required
Q. Unhappy with your solicitor? Who should I complain to/
If you are unhappy with your solicitor or their firm, you have the right to complain to the Solcitors Regulation Authority. . They must tell you how you can complain to them and publish their full complaints procedure. Problems & Compalints – Divorce
Q. Who can complain to the legal ombudsman?
If you feel you have received poor service or unreasonably overcharged by your solicitor, you should first complain to the solicitor and failing any proper outcome, you can contact the Legal Ombudsman.
The Legal Ombudsman can only look into complaints about regulated legal service providers: solicitors, barristers, licensed conveyancers, cost lawyers, legal executives, notaries, patent attorneys, trade mark attorneys, law firms and companies providing legal services, such as some accountants.
Example formal complaint letter template
There is vast information on Wikivorce
Wikivorce is a volunteer run social enterprise. Launched in 2007, providing free advice and support to over 50,000 people every year.. It is a web community, dedicated to delivering free access to the practical information, support and advice people need following the breakdown of a serious relationship. Wikivorce is I believe the UK’s largest and most visited, divorce, separation and family law website.
Q. Changes to Divorce laws from 6th April 2022
https://www.gov.uk/government/news/new-divorce-laws-will-come-into-force-from-6-april-2022
Q. Where would I find information on the recommended reform to the law in relation to divorce?
The Law Commission is the statutory independent body created by the Law Commission Act 1965 to keep the law of England and Wales under review to recommend reform where it is needed. The aim of the Commission is to ensure that the law is
- fair
- modern
- simple
- cost effective
https://www.lawcom.gov.uk/?s=divorce
