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Question and Answer
How long will a divorce take?
A straightforward divorce takes in the region of 6-9 months.
The first stage of the divorce, the Conditional Order can usually be obtained within 4-5 months.
In many cases the divorce application is issued when the parties separate so that the divorce proceedings can then run alongside the financial negotiations or court proceedings.
There are sometimes reasons why an application for the Final Order is delayed. This may be to protect pension rights as the financial settlement has not been concluded.
Will my spouse be entitled to a share of my pension?
A Pension Sharing Order may be considered within the financial negotiations. The size of the share will depend on various factors such as the length of the marriage and when the pension was accrued.
Full financial disclosure would need to be obtained before advice can be given as to whether the other party might be entitled to a pension share.
Can the pension be offset?
A pension can be offset if one spouse would prefer to receive (or offer) a larger share of the other assets such as bigger share of the equity in the family home.
Is there a quicker way to settle the financial matters between us?
Court proceedings can unfortunately take a very long time to conclude due to the strain on the court service. As an alternative to court proceedings the parties can agree to enter into ‘Arbitration’. Arbitration involves the instruction of a trained arbitrator who will adjudicate and then make binding decisions on the issues in dispute between the parties. It is a private hearing. An arbitrator can be instructed to deal with the entire case or to deal with specific issues.
What is the difference between mediation and arbitration?
Mediation is a process whereby both parties instruct a mediator to try to assist their negotiations. This process is another way for the parties to resolve matters outside of the court process.
If an agreement is reached within mediation this will be recorded in a Memorandum of Understanding. In mediation the agreement is not binding.
An arbitrator’s decision will be binding and both parties’ legal representatives can attend in the same way that they would before a judge within court proceedings.
How can I obtain parental responsibility for my child?
Parental responsibility (PR) gives a parent the right to make decisions on all major issues concerning a child such as the school they will attend and whether they should have medical treatment. There are various ways in which a father can obtain PR for his child. The usual way is that he is married to the mother at the time of the birth or he is named on the birth certificate.
If this does not apply and the mother agrees, a Parental Responsibility Agreement can grant the father PR. If the mother will not agree, a father can make an application to court for parental responsibility order.