At Banner Jones solicitors we want to give you the information you need to make an informed choice about getting a divorce, and highlighting the true cost of a divorce to you. It is important therefore to understand that the overall cost of the divorce process amounts to more than just the cost of the divorce itself.
He's got to keep a roof over our heads hasn't he?
Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.
How soon can I file for Divorce?
There is a 12 month barring rule which means you can start the divorce process after being married for 1 year. In England you can get divorced if your marriage has broken down irretrivably, usually proved by allegations of adultery or unreasonable behaviour, or if there has been 2 years' of continously living apart.
My aunt only has one bank account. Can I deal with this on her behalf?
If the bank allows, it is possible for your aunt to name you as a third party on her bank account. This will allow you to withdraw funds and sign cheques on her behalf. We can help your aunt complete the mandate form required to put this in place.
What am I entitled to in a divorce? Can she take me for every penny?
No. Sometimes it may feel as though this has happened. The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.
Who Pays for a Divorce?
In most cases you will both need to employ separate divorce solicitors to advise you and act for you in negotiations and possibly at Court, so you will both incur costs.
The person initiating the divorce petition (the ‘petitioner’) will incur additional Court fees on top of the fees for their solicitor preparing the case. The person being petitioned against (the ‘respondent’) will incur the costs of their divorce solicitor preparing a reply to the petition.
The petitioner may claim some or all of his/her divorce costs from the respondent. Costs orders are typically made on petitions citing adultery or unreasonable behaviour.
In cases where an amicable agreement can be reached, it is often possible for the costs of the divorce to be shared equally between the parties and for no orders to be made. This is distinct from the costs of resolving the financial/property issues and any issues concerning the children, where the general rule is that each party is responsible for payment of their own legal fees.
Will I lose touch with my children?
Your aim should be that both parents still play an active part in the raising of the child/children. Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this. Going to Court should always be the last resort where children are involved.
Will we have to go to Court during our divorce?
No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.