My Wife Has Said She Wants A Divorce
March 2024
Receiving the news that your wife wants a divorce can be emotionally overwhelming. You are bound to have questions and want to know your legal rights.
In this article, our family law solicitors look at the essentials of what you need to know if your wife has said that she wants a divorce.
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
Why Does Your Wife Want a Divorce
You may know that your wife has been unhappy for some time. You may have previously tried couple counselling or family therapy. Understanding why your wife wants a divorce and taking the time to understand how you feel about it is important. You may want to suggest that you try to save your marriage with professional support. Alternatively, you may have sadly come to the view that your wife is right and that it is time that you accept that the marriage is over.
If your wife has told you that she wants a divorce and her decision has come as a complete shock to you, it is understandable that whilst you are grappling with your emotions and how you feel, she is instructing lawyers to start divorce proceedings and urging you to agree to a financial settlement.
You should not make any decisions until you have had a chance to take legal advice.
Talk to a Family Law Solicitor
Talking to a family law solicitor about your wife's statement that she wants a divorce does not mean that the end of your marriage is inevitable. A family solicitor can help you understand your legal rights and the divorce process, as well as help you and your wife access professional support if you both decide that it is worth trying to work on your marriage.
Does Your Wife Have Grounds for Divorce
In England and Wales, your wife no longer needs specific grounds for divorce. With the introduction of no-fault divorce proceedings, your wife does not need to claim that your behaviour was unreasonable or that you committed adultery to start divorce proceedings.
The divorce solicitors at Fullers Family Law can explain the divorce process. If your wife has already started divorce proceedings, we can help you fill in the divorce paperwork. If you have received divorce paperwork you should not delay in seeking legal advice as your wife will be able to proceed with her divorce application even if you do not cooperate.
If divorce proceedings have not been started yet and you agree to a divorce, we can talk to you about the option of making a joint divorce application.
Child Arrangements
If you have children with your wife, your biggest concern will be sorting out where the children will live and the contact arrangements after you have separated or divorced.
Ideally, with the help of a family law solicitor or family mediator, you will be able to work out the parenting arrangements by agreement. If you are unable to do so, then either you or your wife can apply to the family court for a child arrangements order to set out who the children will live with and what contact will take place. The court decision is based on the best interests of your children and is not influenced by who decided to start divorce proceedings.
Financial Matters
Your wife may be keen to reach a financial settlement, especially if she has known for a while that she wants a divorce and has already taken legal advice.
Your wife may tell you that you must leave the family home because she wants a divorce. Alternatively, she may tell you that as she thinks the children will be living with her, she will get to keep the family home and that she will also get spousal maintenance and child support.
You need to take legal advice from a specialist family law solicitor before you leave the family home and before you agree to any financial settlement with your wife. Whilst her proposals may be fair and reasonable, it is best to check.
Sometimes a husband will feel so overwhelmed by their wife's decision to start divorce proceedings or worried about the impact of a divorce on their children that they will agree to a financial settlement that ignores their needs. You will also need somewhere to live and a house that is suitable for the children to stay with you. In addition, you will need enough of your salary to be able to pay your own mortgage and household bills.
A family law solicitor can help you understand your legal rights and help you navigate a financial settlement that meets your needs as well as those of your wife and children.
If financial settlement negotiations or family mediation breaks down, court proceedings may be necessary. Your solicitor will guide you through the financial court process, representing your interests and advocating on your behalf.
Take Legal Advice
Facing divorce proceedings is always traumatic, especially when it is not of your choosing. However, understanding the steps and seeking legal advice can help you navigate this challenging period in your life.
How Can Fullers Help?
We understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
