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Legal Guide: 7 things you need to know before applying for a divorce proceedings application.

7 things you need to know before applying for a divorce proceedings application.

POSTED 09/09/19

  1. In most cases, before you can make an application for a financial order in divorce proceedings or an application concerning children, the Applicant must attend a Mediation Information & Assessment Meeting (MIAM). Only specially trained people can carry out MIAMs and usually they are accredited Mediators.

  2. You must be married for at least one year before you can apply for a divorce.

  3. There is no time limit for making a financial claim for a divorce settlement against your spouse/former spouse. Providing the Applicant has not remarried (or died) when the application is made, the Applicant is free to make an application at any time, even 20 or 30+ years after divorce. However, delay may well adversely affect the amount of the award.

  4. Inheritances are only taken into account in a divorce settlement if they have already been received or are likely to be received imminently. It has to crystallize in the foreseeable future otherwise there is no guarantee that it may ever arise. How the inheritance will be treated in financial proceedings arising on divorce will depend on a number of factors.

  5. Where there are insufficient funds to meet the parties’ needs in financial proceedings arising on divorce, the parties’ needs will take priority over all other arguments.

  6. There is no such thing as “common law husband and wife”. Cohabitees do not have the same legal rights as spouses and civil partners and do not acquire legal rights simply by living together.

  7. When the Court considers making a financial order on divorce, the starting point is 50:50. The Court takes the view that one spouse’s financial contributions are equivalent to the other spouse’s non-financial contributions. However, the equal starting point can be departed from, depending on the facts.

  8. This note is not intended to substitute legal advice from your instructed lawyer. You should always consult with your lawyer directly regarding any specific queries you may have.

Thowheetha Shaah
Thowheetha Shaah

Consultant Solicitor & Mediator

T: 0203 8574 334
Location: Guildford, Greater London

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