The Cost of Divorce After 10 Years of Separation

How Does Divorce After 10 Years of Separation Work?

Divorce is often regarded as one of life’s most stressful and financially draining experiences.

The cost of divorce after 10 years of separation can vary significantly based on factors such as legal fees, division of assets, spousal support, and child maintenance.

In the UK, financial settlements are assessed at the time of divorce, not at the time of separation, which means that any assets acquired or debts incurred during the period of separation can also be considered.

The process may involve negotiating a financial settlement that can include a range of financial orders such as lump-sum payments, property adjustments, or pension sharing.

Legal costs can increase if the divorce proceedings become contentious, particularly if it involves court battles over finances or custody issues.

Both parties should seek legal advice and possibly financial advice to understand their rights and obligations.

The duration of the separation can have an impact on how finances are settled. Courts may consider how the parties have managed their finances in the period since separation.

For example, if one party has accrued significant wealth or debt in that time, this might influence the court’s decisions on financial division.

Understanding the nuances and potential financial outcomes can help those involved navigate the divorce process with realistic expectations.

The Myth of Automatic Divorce and Why It Matters?

I know that many couples assume that divorce is automatic after a long separation, but this is a myth.

A marriage can only be ended by a spouse applying to the court with a divorce application.

I appreciate how the law is complex and oftentimes very bureaucratic.

You have been separated for 10 years and simply want a divorce. It can be frustrating to learn the steps you need to take to end your marriage. Notwithstanding dealing with your finances to legally end your financial ties.

For the decade you have been separated from your spouse without getting divorced, under the law you have stayed financially tied to him or her.

It’s unlikely that getting divorced is going to be as quick and simple as you hoped it would be.

With that being said, Divorce-Online helps thousands of couples each year deal with divorce without spending thousands on solicitors fees.

What Could a Divorce After 10 Years of Separation Cost Me?

A typical divorce after 10 years of separation can cost between £850 and £1,200. In cases where you require representation from divorce lawyers, costs can rise to £3,000 to £5,000 depending on where you live and the seniority of the lawyer.

The main contributing factors that will influence the cost of divorce are as follows:

• Contact with spouse – If you don’t know where your spouse lives, you need to attempt to locate them. Locating a spouse who has moved or changed contact details can prolong the process, requiring additional effort, costs, and resources to establish communication and serve legal documents.
• Legal advice – Some firms offer free initial legal advice, but it’s not likely going to cover everything you need due to your separation length. Legal advice can cost anywhere between £150 and £500.
• Court fees – Initiating divorce proceedings in the UK incurs court fees, currently set at £593. While court fee exemptions may be available for individuals with low incomes, these costs can still add up, particularly when combined with legal expenses.
• Financial settlements – After a decade of separation, financial circumstances may have changed significantly for both parties. Negotiating financial settlements can involve extensive documentation and evaluation of assets, pensions, savings, and liabilities. If agreements cannot be reached amicably, court proceedings may be necessary, leading to additional legal costs.

I hear you say, “Why do I need a financial settlement, I just want a divorce”. You are not alone in thinking this, believe me.

I hear this almost daily from spouses looking to divorce after a long separation.

However, the law is the law and one must do all they can to protect themselves.

To protect yourself in a divorce you must know your divorce rights and entitlements.

The only way you can do this is by getting initial legal advice from professional family law solicitors.

Why Do I Need To Divide Assets After a Long Separation?

After 10 years of separation, the division of assets in a divorce can be complex. 

Without addressing your finances at the time of divorce, you leave yourself open to future financial claims. For example, if you start a successful business, buy a new property, or generate wealth from other avenues.

Marital assets may include property, savings, and investments, which are generally divided equitably, though not necessarily equally, depending on each party’s needs and contributions.

Non-matrimonial assets can be considered in a divorce if specific measures were not put in place before getting married, for example, signing a prenup.

In England and Wales, the court aims to reach a fair distribution, which considers both parties’ circumstances and the standard of living enjoyed during the marriage.

Key Takeaways

It’s crucial for individuals navigating divorce proceedings to approach the process with realistic expectations and a clear understanding of their rights and obligations.

Being separated for ten years does not guarantee a straightforward or inexpensive resolution, particularly when financial settlements and locating spouses are involved.

Divorce-Online are experts in helping couples achieve a quicker, stress-free, and easy divorce. Using our 20+ years of experience, our team will help you get divorced whilst having the legal knowledge you need to make important decisions around your finances.

To find out more about services, please call us for a free consultation or complete a quick form and request a callback.