Divorce

Divorce

You have made the difficult decision to end your relationship and start divorce proceedings.

What do you do next? You may be confused by all the information on the internet, your friends and family may have given you conflicting advice and you don’t know where to turn.

We can guide you through the process and ensure it goes as smoothly as possible.

In England and Wales you can divorce on one of the following grounds:

  • Adultery (this does not apply to same sex marriages)
  • Unreasonable behaviour
  • 2 years separation by consent
  • 5 years separation
  • Desertion

Most divorces are now dealt with online, you will need your marriage certificate and if divorcing on the grounds of unreasonable behaviour then a list of the behaviour that you are complaining of.

There is a court issue fee of £550.00 although you may be eligible for fee remission (Get help paying court and tribunal fees – GOV.UK (www.gov.uk)

Once the court issue the petition, they will send to your spouse for them to complete a form and return to the court.

I am often asked what happens if my husband/wife refuses to sign the papers. If necessary, we can arrange for a process server to personally serve the papers upon them and the divorce will proceed without their consent.

You can then apply for the decree nisi and a costs order (if relevant). After the decree nisi has been pronounced there is a waiting period of 6 weeks and 1 day before you can apply for the decree absolute.

It is often not appropriate to apply for the decree absolute until the financial matters are resolved between you.

You may have so many questions spinning round in your head:

  • How will divorce effect the children
  • Who gets what in a divorce
  • How does a divorce work
  • Will I have to go to court
  • Is a divorce inevitable

If you’re looking for family law solicitors near me, we can help with some of the questions you may have. Please contact Rachel.