Divorce FAQS

Q: Can my ex-spouse bring in his new lover into the family property without my approval?

A: Yes and the only way to drive the lover out, is to force your ex-spouse to sell the house.

Q: In my divorce and separation period do I still need to share the costs for maintaining the property even though I no longer stay there?

A: If you left willingly, the courts will require you to pay your share of taxes, mortgage, and repairs among others, except the bills that are associated with staying in it.

Q: I am in the period of separation and divorce: can my spouse throw me out of our rented house now that we have separated?

A: If your name does not appear on the tenancy agreement, then usually, yes.

Q: What are the charges payable in divorce financial Undertakings?

A: In England and Wales, if the financial undertakings are contested, then at every hearing and the last hearing, the judge will come up with an order concerning the costs of the appeal that he/she has dealt with. Mostly, the party who loses will be required to pay the winning party’s costs. The challenge for the judge is mostly to figure out who wins and who loses at the hearing.

Q: Am I entitled a share of husband’s pension during divorce?

A: The divorce court has the mandate to share the pensions by ordering a specific percentage of the worth of a husband’s pension to be shifted into a new pension plan for the wife. Alternatively, the couple might agree that the husband maintains his pension but makes periodical payment to the wife from his pension when he starts to receive it or a variation of this type of agreement is agreed as part of the settlement.

Q: What step should I take if am not satisfied with an interim divorce court order prior to my divorce being finalised by an order?

A: You can appeal again the interim order or divorce court agreement made by a District Judge in Wales and England in regard to your children or any financial issues.

However, an of an interim decision is a is not joking matter and should not be decided upon frivolously, as it is quite expensive as the loosing party pays the legal charges for both sides, and is not likely to be successful.

Q: What type of financial decisions can the divorce court make during proceedings?

A:

Maintenance Decisions

This requires that one partner should pay for maintenance, or periodical payments.

Lump sum Decisions

These orders that one partner should pay a lump sum money to the other. A lump sum can be decided in addition to maintenance payments, or it can be the last payment of the financial obligations of one partner.

Transfer of Assets

The court can order one partner to transfer assets that belongs to one person to other spouse. This decision is made when the assets being transferred if the partners interests in their former home.

Q: What rights do I have over money and assets during separation?

A: When a marriage ends, the divorce court has the mandate to make decision about finance or assets which seems to the divorce court to be fair, including maintenance orders. The divorce court will go through the assets or capital owned by either of the partner.

Q: In my divorce can my partner take the children outside country?

A: If both parents have parental responsibility, neither can take a child out of the country without mandate from the other parent or from the court. Without mandate to leave, that parent can be accused of child abduction. If the child is prone to kidnap, the port alert scheme can be taken out by police to keep watch of the likely emigration areas.

Q: During a divorce are mothers always given custody of the children?

A: Fathers often feel that they are disadvantaged when a court gives custody of children, but parents stand equal shares.

The divorce court tries everything to make a decision that will favour the child, which implies taking everything into account.

Q: Is there a new trend for bias against fathers being given custody of the children?

A: In certain recent divorce cases, fathers have been awarded custody of the children, where the mother is the bread winner, while the husband doesn’t work and stays at home.

Q: In my divorce the judge has requested a family reporter to come up with a report on my child’s situation; should it raise a concern?

A: This is nothing to be worried about; the report is just used to help the divorce court to come up with a decision concerning your child’s welfare. The divorce court will state the report should handle specific questions, and each report is limited to these questions. However, it often happens that a report will deal with expansive details concerning the child and the number of people in the picture, instead of limiting itself specifically to the points indicated by the divorce court.

Q: How do I present child care arrangements to the divorce court?

A: It is ideal, if you and your partner can come up with a solution regarding your children without the divorce court coming in between.

Once the couple has come with a solution, the divorce court must be made aware. In England and Wales, when you begin your proceedings you are required to fill out a statement of Arrangements for Children (Form D8A), where you give details of your child care proposals. Your partner should also sign this form to show that they agree with the proposals.

If your partner does not agree with your proposals, they can present their own proposals on the Statements of Arrangements and present to the divorce court, which then sends you a copy. The judge factors in the statement of arrangements after you apply for the course for trial.

Q: Will the divorce court come in between the welfare of my children?

A: No, the court will only be concerned with the children, who due to young age and circumstances require your care and financial support.

Q: What actions can I take if my partner does not approve a two year separation?

A: If your partner does not consent to a divorce, you can rely on the reason of unreasonable behaviour of 5 year separation. You will require permission from your spouse for this.

Q: What are the benefits of not working with a solicitor over DIY DIVORCE?

  1. A DIY are more affordable compared to solicitors
  2. A DIY is less adversarial while solicitors makes communication between you and you partner difficult.
  3. With a DIY your divorce case can move faster without solicitor.

Q: Do I require a solicitor to handle my divorce? 

A: If your divorce is agreed upon with no financial and child disputes involved, then you do not need a solicitor and you can opt for DIY divorce.

Q: How long should I stay married prior to petition for a divorce?

A: In England and Wales, you should be married for one year before you begin your divorce petition. In Scotland your partner must have been a resident of Scotland for the year following the divorce.

Q: Can put forth my divorce petition based on my unaccommodating behaviour or adultery?

A: No, if you have been involved in adultery or your behaviour is unaccommodating, your partner will have to petition for the divorce.

Q: Does it matter who files a Divorce petition?

A: If you begin the divorce process, then you are the petitioner and your partner is the respondent. As a petitioner you decide the terms for divorce and if you are accusing your partner of unaccommodating behaviour, you could be creating certain unpleasantness with your accusations. Being the petitioner, you can seek an order that makes your partner cater for the legal fees.

Q: Can I still get divorced based on adultery or unpleasant behavior if my partner and I are still staying together?

A: Yes, but you are required to show proof that you live separate lives within the home.

Q: If I want to base my partner’s adultery after we have separated, does it count?

A: Yes, being intimate with a third party will constitute as adultery if you are still married, even after separation.

Q: Do I require my partner’s permission if I’m initiating divorce based on separation with permission?

A: No you don’t. Your partner will be allowed to consent when he/she receives the divorce papers.

Q: If I and my partner have been separated for two years, do automatically qualify for a divorce?

A: No, you would require your partner’s permission. But if you are a resident of Scotland, you can get a divorce automatically, and no permission is required.

Q: Can I get a divorce if I am staying abroad?

A: Yes, it is possible to get divorced in England and Wales, given that your spouse is habitually resident in both jurisdictions.

Q: What does consented / unconsented mean?

A: A consented divorce is whereby one party does not agree on what is being said regarding them in the divorce papers.

Q: What is the period for unconsented divorce?

A: Unconsented divorce takes around four to five months to complete.

Q: What steps do I take if I have no idea where my partner currently lives?

A: You should make an effort to locate them. Enquire from family or friends or seek help from a tracking agent.

Q: What does Acknowledgement of Service Mean?

A: This is a divorce form applicable in England and Wales which is taken to your partner by the county court when the divorce petition has been issued. Your partner is given 14 days to respond to the petition by filling out the divorce form. The acknowledgement of this will then let the court know whether your partner agrees tot the divorce decree being issued.

Q: What Steps should I take when my partner fails to return the Acknowledgment of Service to the court?

A: You need to request the court Bailiff to present your partner personally wit the divorce papers.

Q: What takes place if my partner doe not respond?

A: If your partner is trying to be obstructive, then you a e required to ask a bailiff to present the divorce petition.

Q: Do I require my marriage certificate to get my divorce?

A: Yes, you must present your original marriage certificate when you begin the divorce process.

Q: What to do if I cannot locate my marriage certificate?

A: You will be required to get a certified copy of your marriage certificate.

Q: Can our divorce take place in England if were got married abroad?

A: yes

Q: What steps do I take if my marriage certificate is written in a foreign language?

A: You will be required to have your marriage certificate translated by an expert and a submitted translation to the divorce court together with your original marriage certificate.

Q: Can the divorce take place if my spouse stays abroad?

A: Yes, it possible provided that you are a habitual resident and have been staying there for at least one year.

Q: Do I need to use my local court or can I opt for one that I prefer?

A: In England and Wales, you can opt for any court for your proceedings. In Scotland, the petition for a divorce is lodged at the sheriff court nearest to you.

Q: How do I locate my local County Court?

A: To locate your local court, you can look for the court service site www.divorce-online.co.uk/process/the court/indes.htm.

Q: Do all divorce proceedings need to take place in divorce courts and is it mandatory to be present for the proceedings? 

A: Yes, all divorce proceeding, together with applications for decree absolute and decree nisi, must be submitted to the court. If your divorce is not consented, it is a mandatory to be present in court. But if it not consented, you will need to be present in court and in some instance, you and your partner need to be present.

Q: Are we required to agree on all financial issues prior to beginning of the divorce process?

A: It is not a must, but it is recommended. If you overlook the financial matters and in future remarry, it may not be possible to have the matrimonial financial matters reviewed by the court.

Q: On what basis can I file for a divorce?

A: – Adultery

– Unacceptable behavior.

– Desertion (not applicable in Scotland).

– Separation for two years in England and Wales and one year in Scotland, if the other party agrees to a divorce.

– Separation for five years in England and Wales and two years in Scotland, in both cases no consent is required.

Q: What does Clean Break Financial Consent Order refer to?
A: By receiving a clean break consent order via writing, you and your ex- partner can agree on your financial matters and have it legally binded such that neither of you can go back to the court to request for money or property after the divorce.
Q: Where do my children stand when I begin the divorce proceedings?
A: In England and Wales, when a petition is presented in court another divorce form for arrangements of the children must also be presented. You should agree with your partner on arrangements for the children prior to the divorce form being submitted to the court. If you cannot come up with an agreement with your spouse, you can still continue with the proceedings, but you have to be prepared to deal with disagreements concerning the children separately.
Q: Are we required to agree on all arrangements for our children prior to the divorce proceedings?
A: Due to the financial aspects of divorce, it is not mandatory to agree on the care of your children but is ideal to do so. When going through divorce you can request for orders related to the finances of the children and orders regarding to resident and contact, but the court will not be willing to consent such orders unless it is dimmed necessary. You will need to provide proof to the divorce court why it is not possible for you and your partner to come up with a solution.
Q: Are any there agencies that will be involved in my divorce?
A: If your divorce is unconsented, no agencies will come in between. If children are in the equation, you may be required to seek help from child support Agency to ensure that the financial care of children are fulfilled.
Q: Where will the children stay?
A: Both couples are responsible for all their children, so both poses equal rights. If you can come up wit a solution on living arrangements for your children, then one of you may require to present to the court during the court preceding for the residing order, as the court will have to come up with a solution.
Q: I have been awarded a decree nisi. When should I request for my decree absolute?
A: You can request for decree absolute 6 weeks and one day after the date your decree nisi was awarded.
Q: Is it Mandatory for me to apply absolute or should my partner (respondent) apply?
A: The respondent can request for decree absolute 3 months after it has been awarded, as long you and your partner have not gotten back together.

Q: How do I Figure out if I’m eligible for financial assistance with divorce court charges?

A: Based on your financial situation, you may be eligible for court charges exemption if you are receiving certain benefits.

Q: Is it Possible to change my children’s surname?

A: You cannot change your child’s surname without a written mandate from your partner or a court order.

Q: Can the family house be maintained if the children are in full time learning Institutions?

A: The parent staying with the children is more likely to retain the house, at least until the children are done with their education.

While the family home can be sold and the profit divided when the youngest child reaches 18, if the child is till in a full time learning institution, the court will still be concerned with their well being.