Getting Divorced in 2013

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Getting divorced in 2013

Breaking up is rarely easy, but knowing your rights and obligations beforehand can

make the process much less difficult

Divorce proceedings don’t have to be combative and going to court isn't alwaysneccesary. Photograph: Luke MacGregor /Alamy

Sandra Haurant 

Friday 15 February 2013 02.00 EST

There are essentially five grounds for divorce. These are adultery, unreasonable

 behaviour, desertion, having lived apart for more than two years (your spouse has to

agree in writing) and having lived apart for more than five years (in which case there is

no need for the spouse's agreement).

Filing for divorceIf are the one filing for divorce you need to submit a divorce petition form, which

contains the personal details of each spouse and any children you have,details of the

solicitors acting for you, and your reasons for filing. This is sent by the petitioner (the

person requesting a divorce) in two copies to the county court of their choice, along with

two copies of a statement of arrangements for your children, if applicable. At this point

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 you have to pay court fees of £340– although fees are less if you have a low income or

are on benefits.

If your partner is filing for divorce, you, the respondent, will receive a divorce petition

from the court with an explanation of what you need to do next– essentially, agree,

disagree or start you own proceedings by petitioning. If you do decide to start your ownproceedings there may be a court fee of £230 to pay.

If you both agree to the divorce you will usually not have to appear in court, but if the

divorce is defended or if both of you petition, you may have to attend a court hearing. If

 you both agree to the divorce, you can apply for a decree nisi, an official certificate that

says the judge agrees you can divorce. Six weeks after you have received this, you can

apply for a decree absolute, the legal document that shows your marriage has ended.

There is a court fee of £45 to pay for the decree absolute.

Getting legal helpMany people getting a divorce decide to use a solicitor to help with part or all of the

process, but where matters are straightforward you can do most if not all of it yourself.

"It is possible to divorce without a solicitor," says David Hodson, an international family

law specialist. "A lot of people simply can't afford to take on a solicitor either at all, or

for the entire divorce process." In a lot of cases, people choose to use a solicitor for

advice from time to time throughout the process.

Solicitors' fees vary enormously depending on the complexity of a case, and the level of

cooperation of the parties involved. "Fees for most lawyers in an uncontested divorce

 would be somewhere between £450 and £1,200 for the petitioner," says Hodson, addingthat the respondent will pay far less. Where people choose to seek advice on a more ad

hoc basis, there may be a set fee for each meeting or an hourly rate to pay.

Divorce proceedings don't have to be combative and you do not need to go to court to

sort out how your assets will be split, although clearly that depends on individual

situations. Through collaborative family law , you and your solicitor could work with

 your former partner and solicitor in four-way meetings aimed at helping you reach the

most suitable outcome by agreement, rather than through the courts.

How soon you reach the end goal of receiving the decree absolute depends on how

straightforward matters are and how acrimonious the separation. "In an uncontested

divorce you could expect to receive the decree within four to six months," says Hodson.

Dividing your moneyIn divorce, all assets acquired during the marriage are essentially laid on the table to be

divided up according to fairness and need: pensions, overseas bank accounts, corporate

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 bank accounts, property – everything. Pre-marital acquisitions, and things bought post-

separation, are generally not divided up, unless they are needed.

For some people, finding all the information will be fairly straightforward. For others, it

can be a complex matter. "Getting the assets together is for many people the hardest

part," says Hodson. "Once you have that, most settlements happen quite quickly, as longas both partners are open and honest when it comes to disclosing assets." The more

transparent people are, he says, the less painful and costly the divorce will be.

The Money Advice Service, a government website, has a calculatorthat can help to work

out financial splits.

The best way approach is to reach a financial agreement between you, without entering

into legal proceedings. If this is not possible, you might decide to involve a mediator to

facilitate discussions, although they cannot offer legal advice. You can find a mediator

throughresolution.org.uk . 

If you cannot agree on how to divide your assets, the next stage would usually be to

instruct solicitors to help you negotiate a settlement agreement.

Once you have reached an agreement, whether with or without external help, your

solicitor will need to draw up a consent order, which must be signed by each party and

their respective solicitors. "A consent order is very important, it allows you to enforce

clauses further down the line and can include a clean break order so that neither party

can later make a claim," explains Susan Harwood, solicitor and collaborative law

specialist at Woolley & Co Solicitors.

The consent order is then sent to the county court for approval (or rejection if it is

deemed unfair). Court fees for the consent order are £45, and solicitor's fees will vary.

 At Woolley & Co, straightforward cases cost £500 plus VAT, while more complicatedmatters with ongoing issues will cost £750 plus VAT.

Finally, if a settlement cannot be reached in this way, you can turn to the courts by filing

an application for a financial order. Court fees are £240 and proceedings are separate

from the divorce. The courts will lay out a clear timetable and can order disclosure if

either party appear to be keeping any assets away from the negotiating table.

The court can rule on dividing all assets taking into account the children if there are any,

 your ages, living expenses and who was the principal earner in the relationship. The

process can be very difficult, but at any point you can decide to reach an agreement

 between yourselves and settle out of court.