Frequently asked questions
Separation and divorce
Q: How long will a divorce take?
A: If both parties are in agreement, it usually takes four to five months from the date of filing the Petition to the date of the Decree Absolute. However, couples often agree to defer the Decree Absolute until the divorce settlement has been agreed or determined by the court. This can take up to a year, sometimes longer.
Q: Will the UK courts apply the law of the country I come from when dealing with my divorce settlement?
A: In most European countries, the answer to this question is yes. However, the courts in England and Wales do not take into account the laws and protocols of the parties’ country of origin or the country in which they were married. It is not the custom or practice of the courts in England and Wales to apply conflict of laws jurisdiction.
The courts in England and Wales operate a discretionary system. Depending on the circumstances of each case, the court may be influenced by the context in which, for example, a pre-nuptial agreement may have been entered into. Such an agreement would not be binding on the court, even if made in England and Wales, but may be given greater weight if entered into by the parties in a country which does recognise them, particularly in relation to assets within that jurisdiction.
Q: Am I entitled to half of my husband’s assets if we divorce?
A: This depends upon the circumstances in each case. In marriages which have lasted a long time, where the assets exceed the family’s needs, it is now the case that the principle of an equal division of the assets will only be departed from if there is good reason, such as unequal contributions by the parties or recent inheritance. In all other cases, however, the division of assets will depend on all the circumstances of the case including the parties’ respective needs.
