Matrimonial

The timescale for a divorce will depend on factors such as the ground relied upon, whether the proceedings are defended, and whether there are financial matters to be resolved. A straightforward, undefended divorce with no financial issues will generally take approximately six months. To legally end a marriage, an application must be made to the Court. There is a Court hearing, known as the Decree Nisi hearing, before a divorce can be granted. If there are matrimonial assets to resolve, it may be possible to negotiate a fair division outside the Court process through solicitors. This is known as negotiating a Matrimonial Agreement. If financial matters cannot be resolved by agreement, it will be necessary to make an application for financial provision to the Court. This is known as an Ancillary Relief application.

How property is divided on divorce depends on the nature and value of the assets in each individual case. In general, both spouses have rights in relation to the family home, regardless of whether both names are on the title or whether both parties contributed to the mortgage and household outgoings. Where one spouse has primary care of any minor children following separation, that spouse may receive a larger share of the equity in the family home. If either spouse owns other properties, consideration will need to be given to when the property was acquired, whether before the marriage, during the marriage or after separation, as well as the needs of each spouse when assessing any claim or interest.

Pensions are treated separately from other matrimonial assets. You will have a claim against the portion of your spouse’s pension that built up during the marriage, and pension valuations will usually be required to assess this.  Pensions can be complex and specialist advice on your rights and options is often required.