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Chippenham Office Tel: 01249 444484 / Fax: 01249 444434

                                   Email: cjeary@jeary-lewis.co.uk

Matrimonial FAQs

Q. Can I get a quick divorce?

A. There is no such thing as a 'quick divorce' in England and Wales. The quickest a divorce can be obtained is four months but, on average, it takes six months.

Q. In an adultery Petition, do I need to name the other person?

A. The Court does not encourage this.  If the marriage has broken down then we need to focus on the important issues – financial matters and the arrangements for the children, for example.

Q.  Financially, will all assets be split equally?

A.  Division of assets will vary depending on whether you were married or whether you were cohabiting.  If you were married, then there are a number of factors to consider, including:-

  1. The welfare of a child;
  2. The income, earning capacity, property and resources of each person;
  3. The financial needs, obligations and responsibilities of each person;
  4. The standard of living enjoyed by the family before the breakdown of the marriage;
  5. The age of each person and the duration of the marriage;
  6. Any physical or mental disability;
  7. The contribution made by each person to the welfare of the family;
  8. The conduct of each person, but only if it is so bad that it would be unfair to ignore it;

Q.  I fear for my safety because of my partner’s behaviour, but I have not been physically hit.  Can you help?

A.  Domestic violence does not just mean physical  violence.  We offer Legal Aid for individuals experiencing domestic violence to enable us to represent you.  We will listen to your case and discuss your legal options with you.

Q.  Do I need a Solicitor to sort out children arrangements:

A.  Not necessarily.  We encourage the parties to try and agree matters between themselves.  In addition, you can use the help of Mediation.  If we do need to assist you, then we would encourage regular contact which would provide both stability and security for the children.  In cases where the parties cannot agree matters between themselves, the Court may need to become involved.

Q.  I am thinking of Cohabiting.  Can you help?

A.  You should consider a Cohabitation Agreement.  It will help protect your individual financial investments if you are moving in together or buying a house together.