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Question and Answer
How long will a divorce take?
A straightforward divorce takes a minimum of 6 months to conclude however, the timeframe is likely to increase depending on both the co-operation of the parties and the progress of any financial matters, which will normally run alongside the divorce.
In the absence of any delays in responding to the divorce application, the Conditional Order, being the interim order in the divorce can be applied for 20 weeks from the date of the divorce application. Once the Court have confirmed the parties are entitled to a divorce, the Final Order can be applied for six weeks and one day after the Conditional Order is pronounced.
It is standard to delay applying for the Final Order in the divorce until financial matters have been concluded to protect the interests of the parties. Most commonly, these interests relate to pension rights.
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.