10 family law questions people ask about getting a divorce

Divorce is one of the most emotionally and legally challenging experiences a person can go through. Whether you're just beginning to consider separation or already navigating the process, it's natural to have questions—lots of them.

From child custody and property division to timelines and legal rights, the complexities of family law can feel overwhelming.

In this blog, we answer 10 commonly asked questions about divorce, offering clear, practical answers to help you feel more informed and empowered during this difficult time.

1. How much does a divorce cost in the UK?

The cost of divorce in the UK varies significantly depending on whether the divorce is contested or uncontested, and how finances and child arrangements are handled.

• We offer an uncontested divorce fixed fee of £780 plus VAT in addition to disbursements. What is covered by the fee is broken down on How Much Does A Divorce Cost? Solicitors Fees For Divorce Crombie Wilkinson
• Contested divorce costs are billed on an hourly rate basis and this will depend on the nature of the case and the individual legal representative assisting you. The more work required, the higher the fees will be. We will provide you with initial estimates and keep you updated if these change through the matter of your proceedings.

2. How long does a divorce take in the UK?

Under the no-fault divorce law introduced in 2022, the minimum legal timeframe for divorce is 26 weeks (6 months):

• 20-week reflection period after the application is issued.
• 6-week wait after the Conditional Order before applying for the Final Order.

Most divorces take 7–12 months, especially if financial settlements or child arrangements are involved. Delays can occur due to court backlogs, disputes, or missing paperwork.

3. Can I keep the house after separation or divorce?

Whether you can stay in the family home depends on ownership, financial arrangements, and childcare responsibilities:

• If the home is jointly owned, both parties have equal rights to remain.
• If the home is in your partner’s name, you may be able to register ‘home rights’ with HM Land Registry to prevent them from selling it without your consent.

Options include buying out your partner, selling and splitting proceeds, or delaying sale until a future event.

4. Does my ex have to pay child maintenance or keep a roof over our children’s heads?

Yes. The non-resident parent is legally required to pay child maintenance, calculated by the Child Maintenance Service (CMS) based on income.

• Child maintenance is separate from mortgage payments.
• Courts may consider housing needs under Schedule 1 of the Children Act 1989, allowing applications for financial provision to support housing for children.
• If your ex is on the mortgage, they may still be responsible for payments—even if they’ve moved out.

However, the non-resident parent is not legally required to keep a roof over the children’s heads.

5. Is there such a thing as a ‘common-law spouse’?

No. Common-law marriage is a myth in UK law.

• Cohabiting couples do not have the same legal rights as married couples, regardless of how long they’ve lived together or whether they have children.
• They have no automatic rights to property, inheritance, or pensions.
• To protect yourself, consider a cohabitation agreement or declaration of trust if buying property together.

6. Can I get divorced within 6 months of marriage?

No. UK law requires that you must be married for at least 12 months before applying for divorce.

If your relationship breaks down within the first year, you can:

• Apply for a marriage annulment which declares the marriage invalid from the start.
• Draft a separation agreement covering finances, living arrangements, and child care.
• Use mediation to resolve disputes until you’re eligible to file for divorce.

7. Can I still live with my partner while divorcing?

Yes. You can live under the same roof during divorce proceedings.

• Many couples do this for financial reasons, childcare stability, or cultural considerations.
• You can still apply for divorce if you’re living together, as long as the marriage has irretrievably broken down.
• Consider drafting a separation agreement to outline responsibilities, finances, and boundaries.

Living together during divorce can be emotionally complex, so legal advice is recommended.

8. How do I protect my pension during divorce?

Pensions are considered matrimonial assets and can be divided in several ways:

• Pension Sharing Order: Splits pension into two separate pots—most common and provides a clean break.
• Pension Attachment Order: Pays a portion of pension income to the ex-spouse when benefits are drawn—less common.
• Offsetting: One spouse keeps the pension, the other receives more of another asset (e.g., the house).

To protect your pension:

• Get a Cash Equivalent Transfer Value (CETV).
• Seek advice from a family solicitor and possibly a pension actuary.
• Ensure any agreement is formalised in a Consent Order approved by the court.

9. Can I get divorced and sort finances later?

Yes, but it’s not recommended.

• Divorce ends the marriage, but does not resolve financial matters.
• Without a Consent Order, your ex can make financial claims years later, even after remarriage or windfalls.
• You can apply for a financial order separately, but it’s best to resolve finances before or during the divorce process.

Mediation or solicitor-led negotiation can help reach a fair settlement.

10. Can I defend a divorce?

Under the no-fault divorce law, you cannot contest a divorce simply because you disagree with it.

You can only challenge the divorce in exceptional circumstances, such as:

• Jurisdiction issues (e.g. wrong country).
• Invalid marriage (e.g. not legally recognised).
• Already divorced abroad.

You must respond to the divorce application within 14 days and seek legal advice if you believe you have grounds to contest.

Need tailored advice for your situation?

If you're facing divorce or have questions about your rights and options, our experienced Family Law team is here to help. We understand how complex and emotional this process can be, and we're committed to providing clear, compassionate legal guidance. Contact us today to speak with one of our legal advisers and take the first step toward resolving your family law matters with confidence.