8 Signs that your divorce may be complicated
As divorce lawyers a common question from clients is:
‘Do I have to go to Court for my divorce?’
In short, no you do not have to.
If you and your ex AGREE on …
- The divorce and the reasons
- Child arrangements (such as who they will live with/how much time they will spend with each parent and child maintenance)
- How finances will be split (such as the family home, pensions, furniture, cars etc)
… then court can be avoided.
There are 8 signs that your divorce may be more complicated and you may need to seek legal help, and potentially court:
- One of you does not agree to the divorce or the reasons
- You have children that still depend on you financially
- The marriage or civil partnership is passed it 5 year anniversary
- You and/or your ex owns a business
- You depend on your ex financially, or vice versa
- One of you has given up work to raise children
- Medical problems or disability affects your’s or your ex’s ability to earn an income
- Assets inequality, such as one of you having a larger pension pot than the other, or assets in only one name, for example property.
How long will my divorce take?
There is no set timetable to get a divorce.
So many factors can affect the timescale, as mentioned above.
Some people chose to do DIY divorce to reduce costs of divorce.
Reasons to consider legal help
- Avoid delays with the court, sending and returning paperwork to court
- Not having to have all paperwork sent to your home
- Avoid delays with your ex responding to paperwork
She also explains why she thinks this may not be the best remedy in financial settlements on pensions.
Samantha Lee heads our expert Family Law and divorce team.
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