Frequently Asked Questions
1. How much will my divorce cost me?
A straightforward divorce is likely to cost in the region of £1,330. Issues that arise relating to care of children or finances can make the process more time consuming and more costly.
2. I’ve heard of mediation as an alternative to going to court. What is it?
Mediation is an alternative to going to court to settle a dispute, which could save you time and money in court fees. You and your spouse meet with a mediator voluntarily on a number of occasions to discuss the issues arising from your separation. Mediators are impartial and although they will not give legal advice, they will work with you and your spouse alongside your lawyer throughout the mediation process. At Cartridges Law we advocate mediation and all forms of alternative dispute resolution.
3. What would be considered unreasonable behaviour for a divorce petition?
Unreasonable behaviour is what you or your spouse deems to be the reason why the marriage cannot be reconciled, specifically how the other party has behaved. Examples would be lack of emotional support or physical intimacy, poor communication and derogatory remarks – behaviour that you or your spouse finds intolerable to live with, and as a result the marriage has irretrievably broken down.
4. Why do I need to make a will?
A will is a legal document that outlines who you would like to leave your belongings and money to after you die. It makes it much easier for your family or friends to arrange everything as without a will the whole process can be very time consuming and stressful. If you die without a will, it means you have died ‘intestate’, which means that your property will be distributed depending on where you reside upon your death. In most cases, your property will be distributed in split shares to your heirs, which could include your surviving spouse, siblings, aunts and uncles, nieces, nephews and distant relatives. Generally, when no relatives can be found, the entire estate goes to the state. So, if you would like to see your property go to family, friends or a charity or organisation, a will is essential and alleviates a lot of stress and complexity for your family and friends.
5. How do I prove I have a claim for a personal injury?
First of all, you will need to prove that you have the right to recover compensation for your injuries. The onus falls on the injured party to prove the required elements of the claim being alleged, i.e. the person or organisation responsible for the incident owes you a duty of care. You must then prove that they have breached that duty of care by committing an act of negligence, and then prove that the negligent act has caused an injury.
6. What is the ‘completion date’ with regards to buying or selling a property?
The Completion Date is the date when you buy the property. It is the day on which you are entitled to move into it, once the entire purchase price has been paid and funds have been transferred. If you are selling your home, too, this is the day you must have moved out by. This date is agreed shortly before Contracts are exchanged. This is an area which frequently causes difficulty in the event of a “chain”, as all parties must agree the date of completion in that chain. You should not make any arrangements that you cannot easily alter regarding your completion date, until Contracts have been exchanged. This includes serving notice if you are in rented accommodation.
7. I’m buying a property, do I need to get a survey done?
When you buy a property, the seller is not obliged to answer any questions about the physical condition of the property. Anything the seller tells you throughout the conveyancing process cannot be relied upon by you either. The onus is on the buyer to make all necessary checks and inspections on the condition of the property, and you generally will not be able to take legal action about any issues with the property that come to light after the exchange of Contracts.