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FAQs
How do I start my divorce process?
Applying for a divorce is now an online process. You can apply for a divorce yourself, or you can instruct a solicitor to apply on your behalf. If you have lived internationally at all during your marriage, it will be important to consult a solicitor to ensure that you can get divorced in England and Wales (and that this country is the best place for you to do so – every country deals with divorce in a different way so it is important that you consider all your available options).
How long does a divorce take?
There is no set time frame, but the quickest possible divorce takes 26 weeks (6.5 months). This is because you must wait 20 weeks between applying for a divorce and applying for a Conditional Order. Once you have been granted a Conditional Order (which will not be immediate), you must wait 6 weeks and 1 day before applying for a Final Order. It may take some weeks to obtain the Final Order but, in theory, you could receive it the same day you apply for it. It is common practice not to apply for a Final Order until an agreement has been reached regarding the matrimonial finances. This is because you will continue to benefit as a being a ‘spouse’ in relation to pension assets and property if your spouse dies before you finalised the financial side of things.
How do I choose a good family lawyer?
To choose a good family lawyer, you should work out what is important for you i.e. experience, rapport, understanding etc. Ask family, friends or colleagues for recommendations too. It is also a good idea to spend time researching lawyer’s profile online and understanding what their practice is about – some family lawyers specialise in children work, for example, and this may not be relevant to your circumstances. Once you have a shortlist, it is a good idea to book a meeting with one or two lawyers so that you can not only listen to their advice, but also understand more about their practice and get a feel for whether you think they can provide the type of working relationship you are looking for. Costs will always be a consideration too, but do not automatically assume that the most expensive lawyers are the best.
How do I change my divorce lawyer?
This is very simple. Find a new lawyer and ask them to contact your old lawyer about changing representation. You do not need to contact them yourself to tell them unless you want to.
Do I need a divorce lawyer near me?
No. The technology now available within the profession now means that you can instruct a lawyer anywhere in the country. The only consideration you need to give thought to is the possible additional travel costs of your lawyer attending any court hearings – albeit that some early court hearings are increasing been held remotely as well.
When do I need to get a divorce lawyer?
If you want to ensure you understand the law and how it applies to you and your specific circumstances, you should consult a divorce lawyer. Whilst, in theory, it is possible to navigate the court system without using a lawyer the practical reality of this is difficult. If you reach an agreement with your ex-spouse or a Final Order is made by a judge at court, you cannot ask for your case to be reheard on the basis you were not legally represented. A divorce settlement is often the largest and most important financial transaction you will ever make. The cost of instructing a lawyer to help you with that is an investment in the outcome of that transaction.
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