What is the Divorce process?

If you have reached the decision that your marriage has broken down, the divorce process may seem to be a daunting process……

At Watson Thomas, we seek to provide absolute clarity from the outset so that you understand, the process, your position and what to expect.

Our clients have many questions about the divorce process when they come to see us.

Where do I start?

Once you have made the decision to Divorce, you should seek independent legal advice so that you understand the process and what needs to happen. Try to put together a clear picture of your joint and individual finances to take with you. Watson Thomas offers a free initial appointment to run through the process and what you may expect from the Divorce.

Can I ask my spouse to leave the matrimonial home?

No, you are both entitled to remain in the matrimonial home until you agree otherwise, or the Court makes an order for the sale of transfer of the property.

If I leave the matrimonial home, does this affect my rights and interest in the property?

No, your interest in the property remains the same, even if you do not live there.

I am not named on the Title to the property, does this mean I do not have an interest in it?

In most cases, the answer to this question will be no. The property is a matrimonial asset. You should ensure that your interest in the property is recognised by placing a notice of matrimonial home rights on the Title.

My spouse has always worked, whilst I have stayed at home and looked after the children. I am worried that after the divorce, I will be left with no income, is this correct?

No, you will have support from your spouse in the form of child maintenance and if necessary, spousal maintenance. You are expected to work to the maximum of your capabilities, but you will also be awarded support from your spouse if you need it, to help you get back on your feet after the divorce.

What will happen to the children?

The parties generally decide between themselves who will care for the children on a day to day basis and when the non-resident parent will have contact with the children. If an agreement cannot be reached, then a separate application can be made to Court so that the Judge can make a decision as to residence and contact.

For more information on the divorce process and any questions relating to marriage breakups, contact Watson Thomas Solicitors part of Stowe Family Law to arrange a free callback.

 

By Samantha Crook, Watson Thomas Solicitors, Fleet, Hampshire