Women’s Divorce Advice

Going through a divorce is a difficult time for everyone involved. Men, women & children are at the fall front of it all which is why we have created specific advice sections for everyone involved.

Women & Mothers often deal with divorce better providing there’s a clear structure and help available. We hope to offer advice on your rights as a woman and mother in divorce and help you take the next steps in moving forward.

Use this section to read our detailed free advice on all things women in a divorce such as:

  • Women’s Divorce Rights
  • Advice for housewives & military spouse’s
  • Advice for Women with Children
  • Common FAQ’s women ask
  • General Advice for Women in divorce
  • Financial advice

Uk Divorce Law

In England & Wales, divorce is only allowed if the marriage has irretrievably broken down. The Matrimonial Causes Act 1973 states that you have to demonstrate this with one of the following ground for divorce: Adultery, Unreasonable behaviour, Desertion, 2-year separation & 5-year separation.

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Women’s Divorce Advice

The best piece of advice is to prepare and research. Research is key to understanding the divorce process and all that it entails. Whether you’re doing it yourself or hiring a professional knowing the process, cost and grounds for divorce will help.

Unless you are within the family law industry it’s unlikely that you know much about divorce.

There are many free useful resources to discover the key elements of divorce. Making the whole process easier, less stressful and ultimately cheaper.

We have a huge resource of free advice on divorce, finances, property and more. We also offer services at the fraction of the cost of your local high street solicitor without compromising on the service you receive.

Another useful tip is to gather all relevant documentation before you initiate the divorce. This will make the process quicker and will also ensure that important documents don’t go missing during your divorce, making copies is also recommended.

Women’s Rights in divorce

The law will always protect the financially weaker spouse and any children. The law ensures that all members of the family have a roof over there head and a sufficient income to allow them to live.

This could mean that one spouse is entitled to spousal maintenance for a specific period of time.

Home Rights:

A person has the right to live in a property if it’s classed as the marital home, even if the property is in their spouse’s name. Matrimonial home rights give you the right to continue to live there until the decree absolute has been granted forming pronouncing the end of your marriage. this also means that your spouse cannot change the locks or kick you out.

You should seek legal advice if you feel you will have nowhere to go once the decree absolute has been granted.

Read more on home rights:

Financial Rights:

There are generally no automatic rights; instead, it will be about meeting the needs of both husband and wife – and, more importantly, ensuring that any children are adequately provided for.

The general principle is that the matrimonial pot should be divided equally upon divorce. 

Although each individual divorce will have its own specific set of circumstances, and the court may decide that one party is entitled to a larger share (depending on need), there is an assumption of a 50:50 split as the starting point. 

Read more on financial rights:

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Military Divorce Rights

Mothers Divorce Rights

Housewife Divorce Rights + Advice

Military Divorce Rights 

Military divorces are often more complex than your average divorce. The divorce process itself is the same for everyone however there are a few factors that make divorcing a spouse in the military more complex.

These are as follows:

  1. Housing and Child arrangements
  2. Boarding School Allowances
  3. Military Pensions

The divorce itself can also take a little longer due to the complexity of dividing a military pension and if one spouse is deployed overseas communications and forms can take a while.

Its recommend that you receive expert advice from a highly qualified solicitor when dividing a military pension.

In regards to Military divorce rights, you are still entitled to a fair financial split. This, however, does not mean equal. A fair financial settlement is based on several factors including income and earning compacity, financial needs, the standard of living, age & contributions.

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Mothers Divorce Rights

There are no specific rules in regards to which parent your children should live with however, the courts will always strive for both parents to have access to their children. There is no right and wrong in regards to how often and for how long each parent has their children for, many parents work that out between themselves.

If however, you are unable to or believe that your agreement is unfair you can take up the issues with the court. They decide what’s right and put an agreement in place which both parents have to adhere to.

In most cases, children will remain with their mother but this is not always the case and it should never be automatically assumed. The decision should be made in regards to what’s best for your children.

Depending on how you decide to divide the time your children spend with each parent, one party may need to pay child maintenance to the other. Child maintenance helps pay toward their child day to day expenses including food, clothes, home etc.

To discover if you are entitled to child maintenance use the gov websites calculator.

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Housewives Divorce Rights

Housewives and stay at home mums are often very worried when divorce is imminent. However, the law protects women in this situation, even if they have made little financial contribution.  They will still be entitled to a fair financial settlement. The courts In England and Wales see a spouse who has given up her carer to look after the house and children as equal to the breadwinner.

The courts will ensure that each parties needs are met after prioritising any children’s needs.

The courts are able to order your spouse to pay spousal maintenance for a period of time along with child maintenance if required. This ensures all parties walk away with a roof above their head or the money to do so & enough income to live on.

Women in Divorce FAQs

How can I prioritise my children throughout the divorce process?

It can be very easy to get wrapped up in the complexities of divorce but it’s essential you try and keep things amicable for the children’s sake.

Both you and your ex-spouse should have your child at the forefront of your mind ensuring that everything you do is in their best interests.

Keeping a routine can help massively and having regular contact with both parents is crucial unless of course,  there are reasons not to.

What are the first steps I should take when divorce becomes inevitable?

The first steps to initiate divorce are to decide upon a reasonable ground for divorce and then file the divorce petition. If you initiate the divorce you will become the petitioner and your spouse will be the respondent or vice-versa.

You will need your marriage certificate To file a divorce petition so it’s best to find that beforehand along with any other important documents.

Don’t, however,  access your spouse’s confidential papers and information. this is not allowed and can have large consequences.

Do the grounds for divorce effect the financial settlement

No, the grounds for divorce are very rarely ever taken into consideration when deciding upon a fair financial settlement.

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