Top 10 Divorce Questions
January brings more than just cold weather. For many people, it signals a fresh start and big life decisions—including divorce. At Pinkney Grunwells, our family law team sees a surge in divorce inquiries each January. The "new year, new me" mindset often prompts people to seek answers about ending unhappy marriages.
If you're considering divorce, you're not alone. Let's tackle the most common questions we hear at the start of each year.
1. How much does a divorce cost?
Cost concerns top the list for most clients. And it makes sense—you want clarity before starting this journey.
The truth?
Divorce costs vary widely. The divorce process itself involves a court fee plus legal fees. Where costs can rise is in resolving financial matters. Complex finances or significant disagreements will naturally take longer to resolve and incur higher legal fees. We pride ourselves on transparency. During your initial consultation, we'll provide a clear estimate based on your specific situation—no hidden surprises.
2. How long will my divorce take?
Since the introduction of no-fault divorce in April 2022, the divorce process includes mandatory waiting periods:
- A 20-week reflection period after application
- A 6-week wait after the Conditional Order before applying for the Final Order
This means even straightforward divorces typically take around 6-7 months.
The financial settlement often takes longer, especially if pensions and properties are involved or if there are disagreements requiring court intervention. We help you navigate this timeline efficiently, explaining each stage so you know what to expect.
3. What am I entitled to in a divorce settlement?
This question comes up in nearly every initial appointment.
In most cases the court has to consider the needs of the parties and the needs of any minor children. It also has to try to be fair to both parties. However, the court considers various factors when deciding what's fair:
- The welfare of any children
- Income and earning capacity of both parties
- Financial needs and responsibilities
- Standard of living during marriage
- Contributions made to family welfare
- Age of each party and duration of marriage
There's no standard formula. Each case depends on its unique circumstances. We work to ensure you understand the claims that you can make, and help you achieve a fair settlement that meets your needs.
4. What happens to our house?
Your family home is often your most valuable asset—both financially and emotionally.
The options include:
- Selling and dividing the proceeds
- One person buying out the other's share
- Postponing sale upon the happening of certain events such as until children reach adulthood
- Transferring ownership as part of the overall settlement
Contrary to popular belief, there's no automatic requirement to sell the family home. The court prioritises housing needs, particularly for any children involved. We help you explore all options and find the solution that best serves your family's needs.
5. What about arrangements for our children?
When parents separate, arrangements for children often cause the most concern.
The courts always focus on what's best for the children. While "custody" is outdated terminology, many parents achieve a shared care arrangement where children spend time with both parents. Courts prefer parents to agree arrangements between themselves. If you can't agree, mediation may help. Court applications for a Child Arrangements Order are available when needed.
We guide you through creating practical, child-focused arrangements that provide stability during this transition.
6. Do we have to go to court?
Many clients worry about difficult court battles.
The good news?
Most divorces settle without court hearings for financial or children matters.
Alternative dispute resolution methods like mediation and solicitor negotiation often provide faster, less expensive, and less stressful solutions.
Court becomes necessary only when couples cannot reach agreement or when one party refuses to engage constructively.
We explore all avenues to resolve matters amicably before considering court action.
7. Will my ex's behaviour affect the financial settlement?
Many people believe that if their spouse has behaved badly (like committing adultery), they'll receive a more favourable financial settlement.
In reality, behaviour rarely impacts financial outcomes unless truly exceptional. The court focuses on fairness and meeting needs rather than punishing misconduct.
We help you understand what factors genuinely influence your settlement, so you can focus on what truly matters.
8. How does the no-fault divorce system work?
Since April 2022, couples can divorce without assigning blame. You simply state that your marriage has broken down irretrievably—no need to prove adultery, unreasonable behaviour, or separation.
You can apply individually or jointly with your spouse. This approach reduces conflict and focuses on constructive resolution rather than finding fault.
We guide you through this process, explaining each step clearly and supporting you throughout.
9. Can I change my name after divorce?
Yes, reverting to your maiden name (or choosing another name) is straightforward after divorce.
We provide practical advice on updating your identification documents, bank accounts, and other records once your divorce is finalised.
10. How will divorce affect my will?
Many people don't realise that divorce impacts existing wills.
When your divorce is finalised, any provisions in your will that benefit your ex-spouse become void—they're treated as if they died on the date your divorce completed. This could leave gaps in your will or even lead to intestacy if your ex-spouse was your main beneficiary.
We recommend reviewing your will when starting divorce proceedings and creating a new one once your divorce is finalised.
How Pinkney Grunwells Can Help
With over 85 years of experience supporting Yorkshire families through life's challenges, our Family Law team provides clear, compassionate advice during this difficult transition.
We understand that every divorce is unique. Our solicitors take time to listen to your concerns, explain your options in plain English, and help you make informed decisions about your future.
From our five conveniently located offices across the Yorkshire Coast, we offer:
- Initial consultations to understand your situation
- Clear advice on legal processes and timescales
- Transparent fee structures with no hidden costs
- Support with all divorce-related matters including children arrangements and financial settlements
- Alternative dispute resolution options to minimise conflict
Taking the first step is often the hardest. When you're ready to discuss your situation, contact your nearest Pinkney Grunwells office to arrange a confidential consultation with one of our experienced Family Law solicitors.
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