Do we have to get divorced straight away or can we just deal with the finances?
Divorce proceedings do not have to be issued straight away. To issue the divorce on a no fault basis you have to be separated for 2 or 5 years. If you can reach an agreement for the financial settlement the terms can be incorporated into a separation deed. If your spouse then tries to change their mind the deed will be good evidence for a court of the agreement that you have reached. If you do want more peace of mind by having a court order to confirm the settlement or need help from the court to resolve the financial settlement then you may be better issuing divorce proceedings rather than waiting. We can offer you advice on the best way to proceed for your individual needs.
Will I get more money if my ex has committed adultery?
No, conduct is not taken into account when considering the financial settlement unless it is gross misconduct such as gambling away the family assets or causing serious physical injury. If the finances are dealt with by the court the judge is not otherwise concerned with how you have each behaved.
If you are able to reach an agreement between you then you can take into consideration any issues that you like so this could include your spouse’s adultery. They may feel guilty about their conduct and want to give you a better settlement.
We’re not married. Are we common law husband and wife and what rights to I have?
There is actually no such thing as a common law husband and wife. If you are not married, you do not have the same financial claims against your partner. If you are not an owner of the family home, even if you have children together, you are unlikely to be entitled to receive any payment from the house and if you are a joint owner you will only receive your specific share in the house. You will also not be entitled to any maintenance payments for yourself. You would be entitled however, to child maintenance if you have children with your partner.
If you have children together you may get to stay in the house or have some housing provided for you and the children to live in until the youngest child reaches the age of 18 or leaves full-time secondary education. At that point the house would have to be sold so that your ex-partner can be paid their share if it belonged solely to them, will have to be handed back.
Further Information
A Guide to Divorce
Divorce Frequently Asked Questions
Fixed Fee Divorce
