Stone King

Help is at hand if you decide to divorce

Making the decision to divorce can be difficult, but having an experienced lawyer will help the process be as smooth as possible.

At Stone King our team will talk you through your options, and assist you as you make the decisions that are right for you and your family.

Tracey Smith

Our Bath-headquartered law firm merged with fellow city-centre firm Mowbray Woodwards last year, creating a team with a wide range of expertise and specialisms.

We have answered some of the most frequently answered questions about divorce below, and if we can help you further please get in touch. 

 

My spouse and I are considering separation. What should we do?

You may first wish to consider attending counselling together to establish whether there is any way of overcoming the difficulties which have arisen. Otherwise contact us and we will guide you through your options. 

Given Covid-19 and social distancing rules can I deal with my solicitor remotely?

Consultations can take place with us in the office, where we adhere to all Government guidelines, including the required social distancing. If you prefer we can discuss matters over the telephone or we can organise a video call with you. We will try and accommodate whatever you think is best for you.

Can we process divorce proceedings online? 

 

Yes. All the required paperwork is dealt with online with the court. 

 

Are court hearings still taking place?

Yes. If hearings are necessary, which typically they might be to deal with financial and children matters, they are generally taking place by a combination of telephone and video hearings.

We’ve only been married for 6 months. Can we get divorced?

No. You are only able to issue divorce proceedings after you have been married for 1 year. However, if you have children together or you have joint property you should consider how these issues may be resolved sooner if you wish. 

 

How long does it take to get a divorce?

It will usually take about 6 months, but with Covid-19 we have experienced some delay. Typically, you will also be advised not to finalise your divorce until the financial issues have been sorted out. We will give you guidance when we meet you as to the likely timescales for your matter, as they are variable depending on the circumstances and complexity. 

Neither one of us is to blame. Does one party have to be ‘at fault’? 

For many years, family lawyers have campaigned for the introduction of a no-fault divorce as this will enable couples to separate without having to apportion blame to one another. Under the current law, if couples do not wish to apportion blame they have to wait until they have been separated for two years before they can start divorce proceedings, with both parties agreeing. In June 2020 MPs voted overwhelmingly in favour of changing the law in favour of a ‘no fault divorce’. We are not expecting this to come into effect until the autumn of 2021


What will happen to the children on divorce?

You should try to discuss with one another at the earliest stages of separation what arrangements you believe should be made for the care of the children. You should also ensure that you try and broach the issue of your separation with the children together so they can see you remain a united front when it comes to them, despite your separation. You can also attend mediation to discuss arrangements together in a child-focused way. At Sone King we have experienced mediators who can help and explain this process in more detail.

You should also ensure that you try and broach the issue of your separation with the children together so they can see you remain a united front when it comes to them, despite your separation.

How do we sort out finances? 

The starting point is for you both to provide details of your income, any savings and investments that you have or are likely to have. You should also include details of any business interests plus information relating to your pensions. Once information relating to all your resources has been disclosed, we can then begin the process at looking at how that is all best divided to achieve a fair outcome. You can find out more on finances on separation here.

You can contact the Stone King team by calling 01225 485700, via the website, by click the banner below, or via their social media channels. Just click the links.

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