Divorce day 2024 - What you need to know

With January, a sad trend known as Divorce Day happens on the first working day of the year. This article aims to answer some of the key questions you may have and hopefully provide some reassurance.  

How long will a Divorce take?   Will I be able to get a quickie Divorce?
Most Divorces take between 6 -9 months.  A “quickie Divorce” sadly does not exist. Following the introduction of the no fault system of divorce in April 2022, there is a strict time-table that should be followed. For example, following the Divorce Application being issued, the Applicant must wait a minimum of 20 weeks before applying for a Conditional Order. The Court then has to find time to hear that matter so there may be several weeks wait before a Conditional Order is pronounced. After the making of the conditional order, the parties must wait for a minimum period of 6 weeks and a day before applying for the Final Order.   

Will I be able to set out why I want to divorce my spouse?
The introduction of ‘no fault’ divorce only requires parties to  confirm that the marriage has irretrievably broken down; they are no longer required to explain why.

Can I defend a Divorce?
Again the changes brought in in 2022 have had a significant impact here as the defence element now has been re-moved. The only way to challenge a Divorce is to challenge the way in which the ceremony was conducted. Ultimately it is going to prove very hard to challenge that.

Do I have to attend court?
For most divorce proceedings, no. It is an administrative exercise.  

What happens to our assets?
Many people think that once a final order of divorce is pronounced that this automatically finalises the financial side of the marriage as well. This is not the case. Any financial claims, duties and responsibilities resulting from your marriage are dealt with separately by the Court. It is vital that you obtain legal advice about these claims when separating from your spouse.  

Going through a relationship breakdown can be one of the most stressful situations a couple can face.  At HCB we pride ourselves on giving straightforward honest advice giving you the options you need to consider before choosing the appropriate route. Contact of Family team today for further information or support.