Divorce
If you need to instruct us use our Divorce Instruction Form.
When relationships are put under strain sometimes the only solution is for a couple to break up. We understand how difficult it can be to make the right decision, when your mind is already mixed up by what you are going through. Our experienced family law team can help you to make sense of what you are going through and to explain the legal options to you.
We hope this webpage can answer some of your basic questions about the process.
If you are sure that your relationship has broken down you have two options:
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Separation
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Divorce
In divorce, you will need the Court to agree with the proposals and the process is very formalised. In separation, to be sure that any agreement is both proper and in your interests, we will advise you on the options and draw up an agreement for you based on the instructions you provide to us
Frequently asked questions (click on the links below)
- What is separation?
- Is there an alternative to divorce?
- What are the grounds for divorce?
- How long will divorce take?
- What is the divorce process?
- Should I name the other person in adultery cases
- What if we can't agree about money and/or children?
To be separated is to live apart. Your solicitor will discuss with you the possibility of drawing up a Deed of Separation to ensure that both sides know what has been agreed in relation to:
- The children
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Property
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Financial arrangements
Your Deed of Separation can be referred to in any later divorce proceedings so it is important that it is drawn up with great care to make sure that you do not lose out at a later date.
Is there an alternative to divorce?
Judicial Separation is an alternative to divorce but it is not commonly used. Whilst matters are dealt with by a Court like in divorce, you will not be able to remarry.
What are the grounds for divorce?
The marriage must have irretrievably broken down and you do not think that you can stay married. You must be able to show one of the following:
a) Adultery
Your partner has committed adultery. It will be easier to proceed on the grounds of adultery if your partner will admit to the adultery. If they do not we will need to discuss with you how we might prove this. If the adultery has happened a long time ago it may become more difficult to rely on this as a ground for divorce.
b) Unreasonable behaviour
Your partner has behaved in such a way that you cannot reasonably be expected to live with him or her. Unreasonable behaviour can have many meanings, if you feel that your partner has been unreasonable we will advise you if their actions would be sufficient to be used as grounds for divorce.
As with adultery, you cannot rely on single events that took place more than six months before you file your petition, if you have lived together since then unless subsequent incidents have occurred.
c) Desertion
Your partner has left you without agreement or good reason for a period of more than two years.
d) Two years' separation
Both parties consent to a divorce and you have lived separately for more than two years.
e) Five years' separation
You have lived separately for more than five years.
A straightforward divorce may take between five and eight months but it is possible that, if negotiations on arrangements for the children, money and property are protracted, that the case will take significantly longer than this.
The Petition
Either party can apply to the court for the marriage to be dissolved as long as:
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The marriage is one year old at least and
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one of the parties has been resident in UK for a year.
The application to the court is called a Petition. The spouse who files the Petition is called the Petitioner. The other spouse is then called the Respondent. There is a court fee required to file the Petition.
Statement of Arrangements (Children)
If children are involved, a Statement of Arrangements detailing what is proposed for the care of the child(ren):
- where they will live,
- where they will go to school
- when they will see the other parent.
The Statement of Arrangements will be filed at Court with the Petition and the original marriage certificate.
Acknowledgement of Service.
Once the Court has checked the Petition and Statement of Arrangements, they will send them to the Respondent with a document called the Acknowledgement of Service Form.
The Respondent should return the Acknowledgement of Service Form to the court within seven days of receiving the petition.
Should I name the other person in adultery cases
It is better to avoid this because it will add to the heated nature of the proceedings and it is not required.
Respondent: Defending the Divorce
The Respondent may choose to Defend the divorce on the basis that they do not agree that the marriage has irretrievably broken down or with the grounds. They must file an Answer within 28 days.
Defending a divorce can often be futile and may just add to the costs.
The Affidavit & Application for Directions
Once the Respondent has acknowledged the Petition, an Affidavit will have to be drafted and sworn that the contents of the Affidavit are true. The Affidavit will then be filed at the Court. At the same time The Application for Directions will also be signed asking the Judge to direct how matters should proceed.
Decree Nisi
A judge will decide in around four weeks whether and on what date to grant the first decree of divorce (Decree Nisi).
The likelihood of the Judge deciding to agree a date for
Decree Nisi is dependent on the amount of agreement between the
parties, whether the judge is satisfied that the arrangements for
the children are satisfactory. It is possible that the Judge may
also want to be satisfied that neither party is forcing the other
to agree a settlement.
Neither person has to attend the court on the date the Decree Nisi is pronounced.
Decree Absolute
Six weeks and one day after the pronouncement of Decree Nisi the Petitioner may apply for the the Decree Absolute.
Only when Decree Absolute is granted, can the divorce be said to have taken place and only at this point can you remarry.
Neither party is required to attend.
The application is made to the court and involves a court fee of £40.
What if the Petitioner does not apply for a Decree Absolute
The Respondent can three months later.
What if we can't agree about money and/or children?
You may try to resolve your differences through mediation and we will also enter into negotiations on your behalf to seek a compromise, if this appropriate. If we cannot agree then we can take the matter to court and let a judge decide. Throughout this process we will advise you about the options before you.