Why do some divorces go through court proceedings?
Sometimes there is no alternative but to go to Court and start court proceedings.
When an outcome for negotiation is unlikely to be agreed, usually about the family home or finance, it will be necessary to take your divorce to a court for a judicial decision.
On divorce, court proceedings are necessary if:
- your spouse is not giving you all the financial information you need to make a decision
- there is no hope of negotiating a fair financial settlement after the divorce
- there are complex financial issues that you need a divorce court to help you sort out, to get a financial settlement on divorce
- there is domestic violence – or the threat of it
- there is an international element: if divorce proceedings may be started in another country, it may be necessary to issue divorce proceedings immediately in England or Wales
How do I get started with court proceedings for a divorce?
If you want to issue proceedings about finances, then you will need to start divorce proceedings first.
Financial proceedings on divorce and proceedings about children are separate from the divorce process.
How long will the court proceedings for divorce take?
Divorce proceedings will usually take six months to a year. But because it is usual to wait before making the Decree Absolute, until the finances have been sorted out, the process may take longer.