Q. Are all the assets divided 50/50 on a divorce today?
A. Not necessarily. Whilst equal division is often the starting point for the courts saying who should have what, it is not always the case and contribution, length of the marriage, resources of the parties and particularly needs where there are young children, play an important part in departing from equal division. It's rarely straightforward.
Q. Can I get a divorce if I have separated from my spouse?
A. There is only one ground for divorce and that is that the marriage has broken down irretrievably. You have to prove that by one or more of five facts. Adultery and unreasonable behaviour are two of such facts and the other three facts involve separation of two years or more. So if you have lived apart from your spouse for at least two years and he or she consents to a divorce, you could obtain a divorce.
Q. Can I avoid going to court?
A. There are a number of ways of resolving issues between yourself and your partner without anyone being "taken to court". Mediation is a process in which you discuss and agree issues with the help of an impartial mediator. You are each supported in this by your own legal adviser. Using the Collaborative family law process problems are discussed at a series of meetings involving you, your partner and each of your Solicitors, all of whom sign an agreement not to resort to court action. You should be told about the whole range of options available when you first meet a Solicitor.
