Divorce proceedings deal with the dissolution of a marriage. Divorce proceedings do not automatically deal with related issues, such as the resolution of financial matters or any disputes in relation to the arrangements for children; however, these are issues that we can assist you with, if necessary.
Typically, divorce proceedings are undefended and an administrative process that are dealt with through the Court. An undefended, straightforward divorce can often be dealt with in 4 – 6 months. We aim to deal with the proceedings as quickly, amicably and cost effectively as possible.
The divorce papers need to confirm that the marriage has irretrievably broken down. This needs to be supported by relying on one of five facts, which are:-
- Unreasonable behaviour,
- Separation of at least 2 years with the other party’s consent,
- Separation of at least 5 years.
The Petitioner is the person who starts the divorce and is responsible for filing the petition with the Court. There is a Court fee to pay when the proceedings begin. This is currently £550.00. We will advise you about your options in relation to this fee and the divorce costs as a whole.
There are two divorce Decrees. The Decree Nisi and the Decree Absolute. Once Decree Nisi has been pronounced, the Court are able to consider approving the terms of any financial settlement. The Decree Nisi is the first Decree and does not end the marriage. This does not happen until the pronouncement of Decree Absolute.
The Petitioner must wait 6 weeks and 1 day after the pronouncement of Decree Nisi, before they can apply for this to be made Absolute. If financial matters are unresolved, this application may be delayed.
The Decree Absolute finalises the divorce process and brings the marriage to an end.
Civil Partnership Dissolution
As well as divorce proceedings, we can also assist you with the dissolution of a Civil Partnership and Judicial Separation.
Divorce affects inheritance under a Will and it is therefore advisable to consider making or updating a Will following a separation or divorce.