Hillingdon Solicitors

Should I resolve financial issues before starting formal divorce proceedings?

Generally it is a good idea that you try and resolve some issues as obviously settling them in court will add to your legal proceedings and the amount of time it takes for the divorce to be finalised.

Can I get a divorce even if I am still living with my spouse?

Yes you may, but you have to show that you are not living as a married couple.  If you are living in separate rooms and not sharing housework, then that will be sufficient.  Also, bear in mind that you must fulfil the legal grounds for divorce, such as unreasonable behaviour on the part of the respondent.

My spouse will not let me live in the property despite the fact we own it jointly.  What can I do?

If you jointly own the property, then you have a legal right to stay in the property.  Rather than rushing to court, it makes sense to get a solicitor to write a formal letter stating your rights.  The final stage will be applying to the court for an order to allow you to live in the property.  However, if the spouse shows evidence of violence, then the court can issue an injunction barring the violent spouse from the property.

How long should I have been married for before applying to the courts for a divorce ?

The minimum length of time is twelve months.  If you not been married this long, you can however apply to be legally separated.

I can’t find my spouse.  Can I get divorced ?

You can, so long as the grounds for the divorce are not based on the respondent committing adultery or where you have been living apart for two years (the divorce requires consent of both parties in this case).

What does ancillary relief mean and what is involved?

Ancillary relief is the term used to describe the process of the court deciding on how matrimonial assets are divided, the extent of both parties liabilities (for debts) and maintenance payments if appropriate.  To apply for ancillary relief, you must firstly make an application to the court that is handling your divorce.  A date for the First Appointment will then be set, and prior to that both parties will be sent a Financial Statement (Form E) and it is expected that they will be completed and exchanged.  The courts will then request both sides to write a draft questionnaire and at the First Hearing, the judge will decide whether questions asked are relevant to financial issues that need to be resolved.  The questionnaires must be answered with documentation and the date for the Financial Dispute Resolution Hearing will be set.  If an agreement cannot be reached, a date for a pre-trial hearing and following that a final hearing will be set.  At a final hearing, the judge’s decision regarding financial matters will be final and orders will be made according to the provisions of the Matrimonial Causes Act 1973.

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